Academic literature on the topic 'ECtHR religious freedoms jurisprudence'

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Journal articles on the topic "ECtHR religious freedoms jurisprudence"

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Markoviti, Margarita. "The 'filtering effects' of ECtHR case law on religious freedoms: legal recognition and places of worship for religious minorities in Greece." Religion 45, no. 3-4 (2017): 268–83. https://doi.org/10.1080/09637494.2017.1390871.

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Greece has received an exceptional number of convictions in religious freedoms cases by the European Court of Human Rights (ECtHR). Looking beyond the implementation/nonimplementation dimension, this study explores the ways in which ECtHR case law is diffused amongst religious minority groups ‘on the ground’ over two current debates: the legal status of religious minority groups and their right to found and run places of worship. Drawing on empirical research with a range of actors across the spectrum of religious pluralism, the original findings demonstrate that the actual groups
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Fokas, Effie. "Rights not working? Grassroots-level impact of the European Court of Human Rights on religion." Social Compass 67, no. 2 (2020): 191–205. http://dx.doi.org/10.1177/0037768620916396.

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This article offers a sociology of religion approach to the study of the European Court of Human Rights (ECtHR) religious freedoms jurisprudence. Specifically, it presents multidisciplinary research conducted on grassroots-level impact of that jurisprudence. That research maps onto the European context North American socio-legal theory which demonstrates that the direct effects of courts, in terms of prompting legal change, entail only a very small part of courts’ potential impact on society and which encourages instead attention to courts’ ‘indirect’ or ‘radiating’ effects, such as influence
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Kudriashova, Olga. "Religious Associations as a National Security Threat: The Russian View in Light of European Standards." Review of Central and East European Law 42, no. 2-3 (2017): 101–33. http://dx.doi.org/10.1163/15730352-04202004.

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This article focuses on the Russian practice of suppressing non-traditional religious associations under the guise of protecting national security. Russian legislation and case law are discussed in light of European standards concerning limitations of human rights, including the principles of legal certainty and proportionality. The author concludes that despite the declaration of the principle of ideological diversity and religious freedom in the Constitution of the Russian Federation (hereinafter, “the rf Constitution”), Russian lawmakers and the judiciary are wary of non-traditional religio
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Annicchino, Pasquale, and Alberta Giorgi. "Do Not Cross the Line: The State Influence on Religious Education." Politics and Religion 12, S1 (2017): 55–78. https://doi.org/10.1017/S1755048317000608.

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The issues related to the role of religion in the public education system have been a public topic for a long time, and related debates have been cyclically revived by specific events. In this contribution, we explore the reasons why Italian grassroots actors do not tend to size up the European Court of Human Rights (ECtHR) jurisprudence and the plurality of juridical regimes dealing with religion and education as windows of opportunity. First, we analyze the intertwinement of different juridical regimes dealing with religion and education, and the national case law on the topic. Then, drawing
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Rynkowski, Michał. "Religious Courts in the Jurisprudence of the European Court of Human Rights." Ecclesiastical Law Journal 18, no. 1 (2015): 62–66. http://dx.doi.org/10.1017/s0956618x15000848.

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The jurisprudence of the European Court of Human Rights (ECtHR) on religious freedom is well known and is the subject of frequent comment. The aim of this paper is to present an overview of a particular aspect, where the ECtHR had to consider a dispute in which a religious court was involved at an earlier stage. In these cases, nolens volens, the ECtHR had to adjudicate upon the competence and procedure of these courts and tribunals. To date, there have only been nine such cases, of which only three have led to a judgment. Yet, from the remaining six which were declared inadmissible or manifes
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Giorgi, Alberta, and Pasquale Annicchino. "Do Not Cross the Line: The State Influence on Religious Education." Politics and Religion 12, S1 (2017): S55—S78. http://dx.doi.org/10.1017/s1755048317000608.

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AbstractThe issues related to the role of religion in the public education system have been a public topic for a long time, and related debates have been cyclically revived by specific events. In this contribution, we explore the reasons why Italian grassroots actors do not tend to size up the European Court of Human Rights (ECtHR) jurisprudence and the plurality of juridical regimes dealing with religion and education as windows of opportunity. First, we analyze the intertwinement of different juridical regimes dealing with religion and education, and the national case law on the topic. Then,
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Fokas, Effie. "The legal status of religious minorities: Exploring the impact of the European Court of Human Rights." Social Compass 65, no. 1 (2018): 25–42. https://doi.org/10.1177/0037768617745482.

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In the last 25 years the European Court of Human Rights (ECtHR) has evolved into a venue where some of the most contentious questions related to religion in European society are addressed. This article focuses on the grassroots level impact of the ECtHR in the domain of legal status of religious minorities. In light of scholarly debates questioning the direct effects of courts on the issues they address (i.e., legal reform and policy change), the research on which this article is based explores the nature and extent of the Court&rsquo;s&nbsp;<em>indirect</em>&nbsp;effects on the legal status o
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Valutytė, Regina, and Dovilė Gailiūtė. "The exercise of religious freedom in educational institutions in the light of ecthr jurisprudence." Wroclaw Review of Law, Administration & Economics 2, no. 2 (2012): 45–62. http://dx.doi.org/10.2478/wrlae-2013-0009.

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Mink, Júlia. "The Hungarian Act CCVI of 2011 on Freedom of Conscience and Religion and on the Legal Status of Churches, Religious Denominations and Religious Associations in Light of the Jurisprudence of the European Court of Human Rights." Religion and Human Rights 8, no. 1 (2013): 3–22. http://dx.doi.org/10.1163/18710328-12341240.

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Abstract In 2011 Hungary replaced and completely reversed its formerly existing ‘liberal’ regulation of the registration of churches and church status by constituting a system built upon a highly dubious procedure and a set of stricter criteria. The aim of this article is to provide—after a brief summary of the process leading to the adoption of the present regulation—an assessment of the controversial, much debated Act CCVI of 2011 on freedom of conscience and religion and on the legal status of churches, religious denominations and religious associations in view of international human rights
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Kantur, Ruslan. "International legal dimension of the right to conscientious objection: considerations with respect to the ECtHR judgment in Dyagilev v. Russia." Meždunarodnoe pravosudie 11, no. 2 (2021): 54–71. http://dx.doi.org/10.21128/2226-2059-2021-2-54-71.

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The article delves into international legal aspects of the enjoyment of the right to conscientious objection. It is argued that the collision between the permissive norm of international law providing for sovereign discretion to introduce and enforce domestic rules on matters which are essentially within the domestic jurisdiction of states, including those relating to compulsory military service, and the mandatory norm of international law ensuring the right to conscientious objection. The jurisprudence of the Human Rights Committee and the European Court of Human Rights pivots upon the assump
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Dissertations / Theses on the topic "ECtHR religious freedoms jurisprudence"

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Schouppe, Jean-Pierre. "Les aspects collectifs et institutionnels de la liberté de religion dans la jurisprudence européenne de la Cour européenne des droits de l'homme." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020029.

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La liberté de religion prend de plus en plus d’importance dans la jurisprudence de la Cour européenne des droits de l’homme. Bien que le centre de gravité historique de ce droit fondamental réside dans sa dimension individuelle, les juges sont fréquemment confrontés à des aspects « institutionnels » ou communautaires de la liberté de religion : des droits revenant aux groupements religieux comme tels. En quête des prémisses de cette liberté, le chapitre 1er retrace les apports spécifiques du christianisme, du judaïsme et de l’islam en la matière. Les principaux instruments de droit internation
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Santos, Maria Inês de Andrade e. Castro de Avelar. "Selected jurisprudence of the ECtHR on freedom of religion : a normative analysis from the perspective of dignitatis humanae." Master's thesis, 2013. http://hdl.handle.net/10400.14/17098.

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Book chapters on the topic "ECtHR religious freedoms jurisprudence"

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Mansfield, Gavin, and Lydia Banerjee. "Human Rights Claims." In Blackstone's Employment Law Practice 2023. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192887788.003.0016.

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Abstract This chapter focuses on the claims under the Human Rights Act 1998 (HRA). It clarifies that the HRA's main practical effect aims to help people depending on the European Convention on Human Rights (ECHR) could proceed in domestic courts rather than in the European Court of Human Rights (ECtHR) in Strasbourg. Moreover, employment tribunals do not have jurisdiction to hear free-standing complaints under the HRA. The importance of human rights jurisprudence in developing employment case law revolves around procedural fairness, a claimant's private life, trade union freedom, and religious
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Gerstenberg, Oliver. "Democratic Experimentalism and the Public Sphere." In Euroconstitutionalism and its Discontents. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198834335.003.0003.

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This chapter argues that democratic-experimentalist forms of judicial review should not be confined to socioeconomic rights but can also be invoked with negative liberties and dignitarian personal rights. An apparent dilemma is this: on the one hand, modern, pluralist democracies are increasingly, and often irreconcilably, divided when it comes to fundamental choices which affect and express the self-understanding of a polity as a whole in matters such as, say, the right to religious freedom, free speech, the rights of transsexuals, and so forth. These matters have even become the subject of e
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"An Alternative Approach to ECHR Article 9 and the Related ECtHR Jurisprudence." In Freedom of Religion or Belief in the European Convention on Human Rights. Cambridge University Press, 2023. http://dx.doi.org/10.1017/9781009233620.013.

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Walter, Christian. "The Role of Religion in the Formation of International Law in Europe." In The Oxford Handbook of International Law in Europe. Oxford University Press, 2023. http://dx.doi.org/10.1093/oxfordhb/9780198865315.013.4.

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Abstract The chapter analyses the religious civil wars of the 16th and 17th centuries as the cradle of modern statehood and of secularized relations between independent States. While the internal coordination between State and religion took quite different forms ranging from strict separation to different types of State-churches, international law was limited to addressing the issue of religion from a more distanced level. Freedom of religion and the prohibition of discrimination on religious grounds emerged first as instruments of minority protection and developed later into individual rights
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Hatas, Kristina. "Stages of Migration and the European Convention on Human Rights." In Migration and the European Convention on Human Rights. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192895196.003.0010.

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This case list offers a guide to the European Court of Human Rights (ECtHR) case law pertaining to migration. While the case list does not cite every ECtHR decision related to migration, it offers a comprehensive overview of important instances of case law indicative of the ECtHR’s jurisprudence on migration. These are, for example, Grand Chamber decisions, or cases cited by the Court in its more recent case law. In addition to including key cases cited in the preceding chapters of this book, this list also includes cases identified in thematic case law guides of the ECHR and recent jurisprude
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Dalla Corte, Lorenzo. "A Critical Comment on Proportionality in the Mass Surveillance Jurisprudence of the CJEU and the ECtHR." In Data Retention in Europe and Beyond. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780191998980.003.0005.

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Abstract Data retention, bulk collection, and (mass) surveillance measures constitute serious interferences with individuals’ fundamental rights and freedoms, most notably their rights to the respect for private life and to the protection of personal data. European apex courts—the Court of Justice of the European Union and the European Court of Human Rights—assess the legitimacy of such interferences against the limitation clauses present in the Charter of Fundamental Rights of the EU and in the European Convention on Human Rights respectively. Chapter 4, through a systematic hermeneutical ana
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Markoviti, Margarita. "Open Access The 'filtering effects' of ECtHR case law on religious freedoms: legal recognition and places of worship for religious minorities in Greece." In The European Court of Human Rights and Minority Religions. Routledge, 2020. http://dx.doi.org/10.4324/9780429490279-10.

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Conference papers on the topic "ECtHR religious freedoms jurisprudence"

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Chirtoaca, Lilia. "The ECHR jurisprudence regarding the protection of children’s rights." In Statul, securitatea şi drepturile omului în era digitală. Moldova State University, 2024. https://doi.org/10.59295/ssdoed2024.15.

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The ECtHR has a vast jurisprudence in the field of children’s rights. Numerous cases regarding the rights and freedoms regulated by the European Convention on Human Rights and / or its additional protocols, through dynamic interpretation and under the current conditions, touch upon the respect for the rights of children and the protection of minors, as well as the safeguarding of parental rights. The ECtHR has consistently maintained that national authorities bear the responsibility of protecting children’s interests by adopting reasonable protective measures, effectively investigating alleged
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Coric, Vesna, and Ana Knezevic Bojovic. "European Court of Human Rights and COVID-19: What are Standards for Health Emergencies?" In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.26.

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The European Court of Human Rights is currently facing a challenge in dealing with numerous applications linked to the COVID-19 pandemic and the related restrictions aiming to protect human life and health, which, at the same time, limit some of the most important human rights and fundamental freedoms. Legal scholars have voiced different views as to the complexity of this task, invoking the previous case law on infectious diseases and on military emergencies to infer standards that would be transferrable to COVID-19-related cases, or the margin of appreciation of domestic authorities pertaini
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