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.
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The European Court of Human Rights and the Freedom of Religion or Belief
The 25 Years since Kokkinakis
Series:
Edited by Jeroen Temperman, T. Jeremy Gunn and Malcolm D. Evans
Anicée Van Engeland
expectations and demands stemming from their beliefs or their community, the other dictated by courts, such as the European Court of Human Rights (ECtHR), and by domestic law. 3 Women are told both to veil and not to veil, and their access to the public sphere is monitored, if not restricted. As a result
Zachary R. Calo
through the law and religion jurisprudence of the us Supreme Court and the European Court of Human Rights, which together offer a window into the shaping of the post-Christian West. This article proceeds by investigating three different areas of law: religion-state relations, individual religious freedom
Mikhail Antonov
traditional values slogan in its anti-Western and anti-globalist rhetoric, reinforcing its support from the conservatively minded masses. 11 In turn, this predictably leads to discrepancies and conflicts with supranational institutions, in particular with the European Court of Human Rights (ECtHR). 12
Jeroen Temperman
, see Jeroen Temperman, Religious Hatred and International Law (Cambridge University Press, 2016), Ch. 6 (“Comparative International Perspectives: cerd and the European Court of Human Rights on the Right to be Free from Incitement”). 37 Human Rights Committee, General Comment 34: Art. 19: Freedoms
Arif A. Jamal and Jaclyn L. Neo
foreword is perhaps the most recent manifestation of this issue, but the well-known European Court of Human Rights case concerning the display of the crucifix in public schools in Italy (Case of Lautsi and others v. Italy (Application no. 30814/06), 18 March 2011) and the Eweida case concerning an
Regulating Religion in Italy
Constitution Does (not) Matter
Pietro Faraguna
fact. The saga was not over yet, and the most important jurisdictional milestones were yet to come. Having exhausted domestic judicial remedies, 44 in 2006 Mrs. Lautsi decided to apply to the European Court of Human Rights. The applicant alleged a violation of the right to education guaranteed by