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The European Court of Human Rights and the Freedom of Religion or Belief
The 25 Years since Kokkinakis
Series:
As the tensions involving religion and society increase, the
European Court of Human Rights and the Freedom of Religion or Belief is the first systematic analysis of the first twenty-five years of the European Court's religion jurisprudence. The Court is one of the most significant institutions confronting the interactions among states, religious groups, minorities, and dissenters. In the 25 years since its first religion case,
Kokkinakis v. Greece, the Court has inserted itself squarely into the international human rights debate regarding the freedom of religion or belief. The authors demonstrate the positive contributions and the significant flaws of the Court's jurisprudence involving religion, society, and secularism.
Jeroen Temperman is Professor of International Law and Religion at Erasmus School of Law, Erasmus University Rotterdam, Netherlands. He is also the Editor-in-Chief of the journal
Religion & Human Rights and a member of the Organization for Security and Cooperation in Europe’s Panel of Experts on Freedom of Religion or Belief. He has authored, among other books,
Religious Hatred and International Law (Cambridge University Press, 2016) and
State–Religion Relationships and Human Rights Law (Martinus Nijhoff Publishers, 2010) and edited
Blasphemy and Freedom of Expression (Cambridge University Press, 2017) and
The Lautsi Papers (Martinus Nijhoff Publishers, 2012).
T. Jeremy Gunn is University Professor at the Université Internationale de Rabat. His work focuses particularly on the interrelationship among religion, law, and politics. Among his publications are No Establishment of Religion: America’s Original Contribution to Religious Liberty (ed. with John Witte, Jr.) (Oxford, 2012) and Spiritual Weapons: The Cold War and the Forging of an American National Religion (Praeger, 2009).
Sir Malcom Evans, KCMG is Professor of Public International Law at Bristol University. He has published widely the protection of the freedom of religion or belief, including Religious Freedom and International Law (Cambridge, 1997) and The Changing Nature of Religious Rights (Oxford, 2015).
T. Jeremy Gunn is University Professor at the Université Internationale de Rabat. His work focuses particularly on the interrelationship among religion, law, and politics. Among his publications are No Establishment of Religion: America’s Original Contribution to Religious Liberty (ed. with John Witte, Jr.) (Oxford, 2012) and Spiritual Weapons: The Cold War and the Forging of an American National Religion (Praeger, 2009).
Sir Malcom Evans, KCMG is Professor of Public International Law at Bristol University. He has published widely the protection of the freedom of religion or belief, including Religious Freedom and International Law (Cambridge, 1997) and The Changing Nature of Religious Rights (Oxford, 2015).
‘The collection accomplishes to depict Article 9 and the Court’s related challenges, approaches and jurisprudence in a comprehensive manner‘ and ‘it provides a critical and comprehensive analysis of Article 9 of the ECHR, primarily aimed at academics and ECtHR practitioners’.
Christina Seewald, European Yearbook on Human Rights 2019, page 579-581 (Intersentia).
Christina Seewald, European Yearbook on Human Rights 2019, page 579-581 (Intersentia).
Contributors
Table of Legislation
Table of Cases
Introduction
T. Jeremy Gunn, Jeroen Temperman and Malcolm Evans
1 Pre- KokkinakisCase Law of the European Court of Human Rights: Foreshadowing the Future
Carolyn Evans
2 The Freedom of Religion or Belief in the
echr
since
Kokkinakisor “Quoting
Kokkinakis”
Malcolm Evans
3 Manifestations of Religion or Belief in the Case Law of the European Court of Human Rights
Javier Martínez-Torrón
4 Limitations on Freedom of Religion and Belief in the Jurisprudence of the European Court of Human Rights
Mark Hill QC and Katherine Barnes
5 Avoiding Scrutiny? The Margin of Appreciation and Religious Freedom
Stephanie Berry
6 Marginal Neutrality – Neutrality and the Margin of Appreciation in the Jurisprudence of the European Court of Human Rights
Malcolm Evans and Peter Petkoff
7 Kokkinakis and the Narratives of Proper and Improper Proselytizing
Brett G. Scharffs
8 Education & Freedom of Religion or Belief under the European Convention on Human Rights and Protocol No. 1
Jeroen Temperman
9 Religion and Equality: From Managing Pluralism towards a European Requirement of State Neutrality
Renata Uitz
10 Freedom of Religion or Belief and Employment Law: The Evolving Approach of the European Court of Human Rights
Lucy Vickers
11 Freedom of Religion or Belief and Freedom of Association: Intersecting Rights in the Jurisprudence of the European Convention Mechanisms
Ioana Cismas
12 Conscientious Objection under the
echr
: The Ugly Duckling of a Flightless Jurisprudence
Stijn Smet
13 Religion, Expression and Pluralism
Agnes Callamard
14 Religious Symbols and State Regulation: Assessing the Strategic Role of the European Court of Human Rights
Dominic McGoldrick
15 The Legitimacy of the European Court of Human Rights in Light of Its Article 9 Jurisprudence: A Multisided Perspective
Eva Brems and Saïla Ouald Chaib
16 Implementation and Impact of Strasbourg Court Rulings: The Case of Religious Minorities and Their Convention Freedoms
Dia Anagnostou
17 Grassroots Level Awareness about Religion at the European Court of Human Rights
Effie Fokas
18 A Matter of Judgment: Dissenting Opinions in Cases Concerning Religion or Belief in the European Court of Human Rights
Sophie van Bijsterveld
19 “Principle of Secularism” and the European Court of Human Rights: A Shell Game
T. Jeremy Gunn
Bibliography
Index
Table of Legislation
Table of Cases
Introduction
T. Jeremy Gunn, Jeroen Temperman and Malcolm Evans
Pre-Kokkinakis and Post-Kokkinakis
1 Pre- KokkinakisCase Law of the European Court of Human Rights: Foreshadowing the Future
Carolyn Evans
2 The Freedom of Religion or Belief in the
Malcolm Evans
Article 9 Jurisprudence: General Contours
3 Manifestations of Religion or Belief in the Case Law of the European Court of Human Rights
Javier Martínez-Torrón
4 Limitations on Freedom of Religion and Belief in the Jurisprudence of the European Court of Human Rights
Mark Hill QC and Katherine Barnes
5 Avoiding Scrutiny? The Margin of Appreciation and Religious Freedom
Stephanie Berry
6 Marginal Neutrality – Neutrality and the Margin of Appreciation in the Jurisprudence of the European Court of Human Rights
Malcolm Evans and Peter Petkoff
Religion Jurisprudence: Thematic Studies
7 Kokkinakis and the Narratives of Proper and Improper Proselytizing
Brett G. Scharffs
8 Education & Freedom of Religion or Belief under the European Convention on Human Rights and Protocol No. 1
Jeroen Temperman
9 Religion and Equality: From Managing Pluralism towards a European Requirement of State Neutrality
Renata Uitz
10 Freedom of Religion or Belief and Employment Law: The Evolving Approach of the European Court of Human Rights
Lucy Vickers
11 Freedom of Religion or Belief and Freedom of Association: Intersecting Rights in the Jurisprudence of the European Convention Mechanisms
Ioana Cismas
12 Conscientious Objection under the
Stijn Smet
13 Religion, Expression and Pluralism
Agnes Callamard
14 Religious Symbols and State Regulation: Assessing the Strategic Role of the European Court of Human Rights
Dominic McGoldrick
Reflections
15 The Legitimacy of the European Court of Human Rights in Light of Its Article 9 Jurisprudence: A Multisided Perspective
Eva Brems and Saïla Ouald Chaib
16 Implementation and Impact of Strasbourg Court Rulings: The Case of Religious Minorities and Their Convention Freedoms
Dia Anagnostou
17 Grassroots Level Awareness about Religion at the European Court of Human Rights
Effie Fokas
18 A Matter of Judgment: Dissenting Opinions in Cases Concerning Religion or Belief in the European Court of Human Rights
Sophie van Bijsterveld
19 “Principle of Secularism” and the European Court of Human Rights: A Shell Game
T. Jeremy Gunn
Bibliography
Index
All concerned about legal responses to conflicts involving religion and society in contemporary Europe and the world.