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  • Author or Editor: Eugenia Relaño Pastor x
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The European Convention on Human Rights (ECHR) does not contain any provision on minorities, and neither has the European Court of Human Rights (ECtHR) considered the notion of minority rights when dealing with claims involving religious minorities. This contribution aims to show how the Court addresses the rights of religious minorities through the concepts of ‘religious diversity’ and ‘pluralism’. In order to overcome the historical tension between individual rights versus group rights, the author offers a theoretical typology on religious minority rights that combines rights- holders with individual and group interests and takes into consideration UN human rights texts on minorities and the freedom of religion, as well as the ECHR and the Framework Convention for the Protection of National Minorities. By applying the three categories of the above- mentioned typology— individual differentiated rights to members of minorities, group- differentiated rights, and special interest group rights— to the Court’s jurisprudence on members of religious minorities and religious communities, the author concludes that while the ECtHR has systematically reiterated its commitment to pluralism, it has partly failed to grant protection to religious diversity, particularly, when ‘uncomfortable’ religious diversities are the stake.

In: European Yearbook of Minority Issues Online

Abstract

While the prominence of neuroscience and neurotechnologies has generated intensive debates about the normative analysis of the ethical-legal challenges in public opinion and academia, these debates are relatively scarce among law and religion experts. To overcome the shortfall, this contribution describes the impact of the main neuroscientific applications on the right of freedom of thought, conscience, and religion. Considering how neurosciences techniques can alter the mind, decode thoughts, and enhance cognitive functions, particularly individual thought and conscience, I suggest revising the traditional dichotomy of forum internum and forum externum of the right to freedom of thought, conscience, and religion and rethinking the protection of the forum internum, which is at risk in the Age of Neuroscience.

In: Journal of Religion in Europe