The Right to Freedom of Thought, Conscience and Religion

Сентябрь 10, 2022

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The Right to Freedom of Thought, Conscience and Religion

Содержание

2. Article 9, ECHR 9(1). Everyone has the right to freedom of thought, conscience and religion; this
3. The elements of Article 9 An absolute right A qualified right Collective rights
4. For Article 9 to be engaged Is there a belief system? Does that belief system have
5. The nature of religion and belief All genuinely held belief systems are protected: all the main
6. Manifesting religion or belief (1) What is a manifestation? Does the manifestation form a necessary part
7. Manifesting religion or belief (2) What is a manifestation? Does the manifestation form a necessary part
8. Manifesting religion or belief (3) What is a manifestation? Does the manifestation form a necessary part
9. Manifesting religion or belief (4) Manifest … in practice Manifest … in teaching Manifesting religion and
10. Protecting religious and other beliefs What are the positive obligations on the state? Laws protecting particular
11. Restricting rights to manifest religion and belief Any restriction on civil and political rights must be
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Article 9, ECHR
9(1). Everyone has the right to freedom of thought,

conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
9(2) Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

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The elements of Article 9
An absolute right
A qualified right

Collective rights

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For Article 9 to be engaged
Is there a belief system?

Does that belief system have a coherent and identifiable basis?

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The nature of religion and belief
All genuinely held belief systems

are protected:
all the main World faiths
the Krishna Consciousness
Jehovah’s Witnesses
the Divine Light Zentrum
the Church of Scientology
Druidism
Non-religious beliefs can also be protected, such as pacifism, veganism and atheism
“It [Article 9] is also a precious asset for atheists, agnostics, sceptics and the unconcerned”
Neither idealistic, altruistic nor political beliefs are covered

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Manifesting religion or belief (1)
What is a manifestation?
Does the

manifestation form a necessary part of the belief system?

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Manifesting religion or belief (2)
What is a manifestation?
Does the

manifestation form a necessary part of the belief system?
Manifest … in practice

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Manifesting religion or belief (3)
What is a manifestation?
Does the

manifestation form a necessary part of the belief system?
Manifest … in practice
Manifest … in teaching

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Manifesting religion or belief (4)
Manifest … in practice
Manifest … in

teaching
Manifesting religion and belief in employment

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Protecting religious and other beliefs
What are the positive obligations on the

state?
Laws protecting particular (majority) beliefs
Failure of the law to protect particular (minority) beliefs
The role of the State in penalising causing offence to religious beliefs
Failure of the State to prosecute for causing offence to religious belief

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Restricting rights to manifest religion and belief
Any restriction on civil and

political rights must be prescribed by law.
The restriction must be justified by one of the aims recognised under the European Convention.
The restriction must be shown to be “necessary in a democratic society”.
Any qualification to rights cannot be applied in a discriminatory fashion.