The intersectionality of freedom of religion or belief with minority protection : the case of places of worship in Malta

Abstract

This dissertation revisits the documents which have proclaimed Freedom of Religion and Belief, and minority protection, intending to analyse the critical debates In the intersection of these rights. Emphasis is put on ECtHR case law and its role in interpreting and apply the provisions on Freedom of Religion or Belief. Additionally, an analysis of the Maltese scenario has been employed through a discussion in relation to the Constitution of Malta and Planning Legislation and decisions. A gap in this regard is identified, whereby religious minorities or rather the individuals in exercising their right through the community, find it challenging to acquire places of worship. The methodology adopted to collect the required data was the doctrinal or armchair methodology, whereby primary and secondary sources were critically questioned and analysed. The study first examines the various proclamations on Freedom of Religion and the general principles established by the ECtHR, then follows with an analysis on Minority Protection, whereby the intersection of both these theories adds value to the Human Rights safeguarded through Freedom of Religion or Belief. The establishment of this discussion leads to an analysis of a specific ‘manifestation’, guaranteed by the same rights vis-a-vis the margin of appreciation enjoyed by the State. A study of the ECtHR judgments guides the nation-state to adopt more adequate laws and policies to ensure that the rights of persons belonging to religious minorities are guaranteed through more clear and distinct guidance without unnecessary bureaucratic restrictions.