Reflections on freedom of religion and conscience : article 9 of the European Convention on Human Rights

Abstract

In this article Judge De Gaetano contributes towards a better understanding of article 9 ECHR (freedom of conscience and religion). The article covers judgments dealing with matters of conscience regarding head-scarves and wearing apparel, as well as conscientious objections to military service and the conflict between secularism and the freedom to outwardly manifest one’s religious beliefs. The article deals with matters which have resulted in dismissal of employees because of their adherence to religious belief or lack of it. Issues dealt with include whether an organist in a Catholic church can be dismissed if he conducts an extra marital affair and whether such dismissal is proportionate when it refers to the main communications officer of the Mormon society; whether a British Airways desk officer can wear a cross in necklace and to what extent states are allowed a wide margin of appreciation in such matters; and whether a marriage registrar can be forced to celebrate civilly a union between persons of the same sex.