The European Convention on Human Rights and Church-State relations: pluralism vs. pluralism
There are three key provisions of the European Convention onHuman Rights (ECHR) that deal with religion. Article 9 provides the basic framework for freedom of religion. Article 14 ensures that ECHR-acknowledged rights should be free from religious discrimination. Article 2 of the first Protocol gives parents the right to regulate the religious education of their children. The first and mostcentral is Article 9. As in many international treaties, Article 9 of the ECHR guarantees to everyone the right to freedom of thought, conscience and religion. This right implies, among others, freedom either alone or in community with others and in public or private, to manifest one’s religion or belief in worship, teaching, practice andobservance; but this external expression of religion may be subject edunder Article 9, Section 2 to limitations prescribed by law andnecessary in a democratic society in the interests of public safety andfor the protection of public order, health, morals and the rights and freedoms of others. As we see, there is a substantial dividing line between freedom of religion (internal conviction, inner sphere) and freedom to manifest one’s religion in the public sphere (the expressionof that conviction). At the same time, freedom of religion has an individual as well as a collective aspect.
Journal/Publisher: Cardozo Law Review, Volume 30, Issue 6
Publication type: Article
Number of pages/Page range: 2575 - 2591
Language/s (content): English
Date of publication: 02-01-09
Personal data
Full name Françoise TULKENS
Current occupation Member
University/Institution King Baudouin Foundation
Address Place Montesquieu 2
Postal code 1348, Louvain-la
Telephone 003210472111