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Journal articles on the topic 'ECtHR religious freedoms jurisprudence'

Author: Grafiati

Published: 3 June 2025

Last updated: 31 July 2025

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1

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’s <em>indirect</em> 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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10

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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11

Sottiaux, Stefan. "‘Bad Tendencies’ in the ECtHR's ‘Hate Speech’ Jurisprudence." European Constitutional Law Review 7, no. 1 (2011): 40–63. http://dx.doi.org/10.1017/s1574019611100048.

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European Court of Human Rights – Canadian Charter of Rights and Freedoms – ‘Hate speech’ – Féret – Le Pen – Keegstra – Commonalities between Canadian and ECtHR jurisprudence –Development of uniform test of incitement – Sharp distinction from US Supreme Court jurisprudence on freedom of expression

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Nikolic, Aleksa. "Nagorno-Karabakh in the jurisprudence of the European Court of Human Rights." Medjunarodni problemi 73, no. 1 (2021): 106–23. http://dx.doi.org/10.2298/medjp2101106n.

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The paper analyses the conflict between Azerbaijan and Armenia over Nagorno-Karabakh from the point of view of the jurisprudence of the European Court of Human Rights (ECtHR) regarding the violation of human rights of the warring parties directly related to the disputed territory. The European system of human rights protection is one of the greatest European achievements in the field of law, especially if we keep in mind that its judgments are binding on the signatories of the European Convention on Human Rights and Freedoms (ECHR), thus giving it suprajudicial power. Through the analysis of t

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Hayrullahoğlu, Betül. "Comparative Analysis of Jurisprudence on Interventions to the Right to Property Through Taxation: The Constitutional Court of Türki˙ye and European Court of Human Right." Constitutional Review 10, no. 1 (2024): 67. http://dx.doi.org/10.31078/consrev1013.

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Fundamental rights and freedoms of individuals are guaranteed in both constitutions and international treaties. One of the most important treaties protecting fundamental rights and freedoms is the European Convention on Human Rights (ECHR). Türkiye, which adopts a monist understanding, is one of the countries that are party to the ECHR. Since it was founded in 1959, Türkiye has been one of the three countries that are subject to the most judgments by the European Court of Human Rights (ECtHR). In order to make this bad record better and to protect fundamental rights and freedoms more effective

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Pudło, Anna. "Problems of incapacitation in the case law of the European Court of Human Rights." Roczniki Administracji i Prawa 2, no. XIX (2019): 49–61. http://dx.doi.org/10.5604/01.3001.0014.0427.

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Incapacitation is a significant limitation of human rights and personal freedoms. The most serious consequences of legal incapacitation consist in loss or limitation of legal capacity of a legally incapacitated person. The European Court of Human Rights has not yet ruled on the contradiction of the institution of incapacitation with the Convention for the Protection of Human Rights and Fundamental Freedoms. However, the use of incapacitation is only allowed in ECHR jurisprudence in exceptional situations. The ECtHR has pointed out the basic requirements that this institution must meet in order

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CALENDARI, Dumitru, and Vitalie JITARIUC. "NATIONAL AND ECtHR SELECTIVE JURISPRUDENCE ON DECISION-MAKING IN CRIMINAL APPEALS." LEGEA ŞI VIAŢA=LAW AND LIFE=ЗАКОН И ЖИЗНЬ . 4, 2023 (February 29, 2024): 38–45. https://doi.org/10.5281/zenodo.10725573.

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The European Union promotes human rights and strives to ensure that they are respected everywhere in world. The Republic of Moldova and those responsible in the field must engage to promoting human rights. Intensification of integration and globalization processes it requires the development of legal measures on adapting the national legal system to international standards which provides for the defense of human rights and freedoms. The author presents examples of national jurisprudence and the decisions of the European Court of Human Rights against the Republic of Moldova which shows the impo

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Anagnostou, Dia, and Liviu Andreescu. "The European Court of Human Rights in National Struggles around Religion and Education." Politics and Religion 12, S1 (2018): S134—S150. http://dx.doi.org/10.1017/s175504831800007x.

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AbstractThis paper analyzes comparatively the indirect effects of the European Court of Human Rights (ECtHR) judgments related to religion and education in four countries: Greece, Italy, Romania, and Turkey. It examines whether and how ECtHR jurisprudence on religion and education influences the views and the strategies deployed by various categories of actors. Do religious, secularist, minority, and other actors invoke these judgments and their normative principles in their discourse and mobilization strategies to promote religious pluralism or conversely religious values, in education? How a

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Anagnostou, Dia, and Liviu Andreescu. "The European Court of Human Rights in National Struggles around Religion and Education." Politics and Religion 12, S1 (2018): 134–50. https://doi.org/10.1017/S175504831800007X.

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This paper analyzes comparatively the indirect effects of the European Court of Human Rights (ECtHR) judgments related to religion and education in four countries: Greece, Italy, Romania, and Turkey. It examines whether and how ECtHR jurisprudence on religion and education influences the views and the strategies deployed by various categories of actors. Do religious, secularist, minority, and other actors invoke these judgments and their normative principles in their discourse and mobilization strategies to promote religious pluralism or conversely religious values, in education? How are the n

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18

Jelić, Ivana. "The Rights of Minority Women Before the European Court of Human Rights: Critical Review in Light of the Practice of the UN Human rights comitee and other international human rights bodies." Anali Pravnog fakulteta u Beogradu 72, no. 3 (2024): 355–81. http://dx.doi.org/10.51204/anali_pfbu_24301a.

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Women from ethnic, national, religious, and cultural minorities face distinct legal challenges in their struggle for gender equality. They are at constant risk of multiple discrimination as minority women, particularly with regard to their identity and religious rights. This is evident in matters of inheritance, wearing religious items in public, and issues related to sexual and domestic violence. International approaches to this problem are fragmented, with the ECtHR, UN HRC, and other international human rights bodies taking different approaches. This article will critically discuss the stat

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Kurt, Hayrettin. "ISLAM, JUSTICE AND PREJUDICE: RETHINKING THE EUROPEAN COURT OF HUMAN RIGHTS’ APPROACH TO RELIGIOUS SYMBOLS." Adalet Dergisi, no. 74 (April 17, 2025): 151–81. https://doi.org/10.57083/adaletdergisi.1676625.

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The European Court of Human Rights (ECtHR) has been criticized on the grounds that its approach to religious symbols is shaped not by fundamental rights and freedoms, but by subjective biases. Despite being bound by the European Convention on Human Rights (ECHR) and universal legal norms, it has been observed that in cases involving Islam, the ECtHR invokes abstract and culturally loaded concepts such as “European cultural heritage,” “shared past and future vision,” “active and passive object,” and “fragility.” As a result of this selective approach, religious symbols associated with Islam hav

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20

Ronen, Yaël. "The ties that bind: family and private life as bars to the deportation of immigrants." International Journal of Law in Context 8, no. 2 (2012): 283–96. http://dx.doi.org/10.1017/s1744552312000092.

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AbstractThis article analyses the way in which the use of the rights to family life and to private life has evolved as a bar to the deportation of immigrants. The analysis focuses on the jurisprudence of the European Court of Human Rights (ECtHR) with respect to the European Convention on Human Rights and Fundamental Freedoms, which uses a rights-based framework; and of the UN Human Rights Committee (HRC) with respect to the International Covenant on Civil and Political Rights, which uses a status-based framework. It notes the interaction between the two bodies and the attempt in each forum to

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Henrard, Kristin. "Integration reasoning at the ECtHR: Challenging the boundaries of minorities’ citizenship." Netherlands Quarterly of Human Rights 38, no. 1 (2020): 55–74. http://dx.doi.org/10.1177/0924051920901371.

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This contribution zooms in on a particularly disconcerting development in the jurisprudence of the European Court of Human Rights, that is visible in several recent cases brought by religious minorities with a migrant background, in which the Court accepts – in the name of (requirements for) integration – far-reaching restrictions on the rights of these religious minorities with a migrant background to be respected in their own religiously inspired way of life. The Court furthermore glosses over a context of Islamophobia and related stereotypes, thus failing to identify and counter instances o

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Milkowski, Kacper. "Tajemnica adwokacka w świetle orzecznictwa Europejskiego Trybunału Praw Człowieka." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 367–76. http://dx.doi.org/10.15584/znurprawo.2020.29.25.

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The attorney–client privilege is one of the fundamental elements that determines the actual assurance of the right to legal aid. It allows for the existence of trust between the client and the attorney, creating optimal conditions for the free and unrestricted transfer of information and comments between them. This, in turn, means that the attorney – equipped with full and true knowledge from the client, can most effectively assist in seeking protection of his rights and freedoms in court or before other public authorities. This means that attorney–client privilege increases the effectiveness

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Bagan-Kurluta, Katarzyna. "The Judgment in the Case of Przybyszewska and Others v. Poland against the Background of the ECtHR’s Jurisprudence in Cases of Same-Sex Couples." Białostockie Studia Prawnicze 30, no. 1 (2025): 65–81. https://doi.org/10.15290/bsp.2025.30.01.04.

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Abstract On 12 December 2023, the European Court of Human Rights issued a judgment ordering Poland to institutionalize relationships between same-sex couples. This judgment was a consequence of a well-established line of jurisprudence and the application of the evolutionary doctrine of interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms as a living instrument. The judgment in Przybyszewska and Others v. Poland is the first in this matter issued in relation to Poland, and the next in which the court’s line of jurisprudence on the issue of same-sex couple

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Szwed, Marcin. "Europejski Trybunał Praw Człowieka jako europejski sąd konstytucyjny." Przegląd Konstytucyjny 2024, no. 2 (2024): 51. https://doi.org/10.4467/25442031pko.24.009.20425.

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The article presents arguments in favor of defining the European Court of Human Rights as a “European constitutional court,” and from that angle analyzes its approach to the rule of law crisis in Poland. Although the ECtHR does not rule based on constitution nor has the competence for abstract control of the “conventionality” of normative acts, voices in the literature have long argued that calling it a “European constitutional court” is not unfounded. There are several arguments supporting this view. The Court often indirectly or directly analyzes the “conventionality” of national legislation

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Maher, Julie. "EWEIDA AND OTHERS: A NEW ERA FOR ARTICLE 9?" International and Comparative Law Quarterly 63, no. 1 (2014): 213–33. http://dx.doi.org/10.1017/s0020589313000535.

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AbstractEweida and othersconsidered the claims of four religious individuals whose employers had rejected their requests for accommodation of their religious practices at work, and who had failed in their attempts to contest those decisions before English courts. However, as a judgment it speaks to a wider array of questions of principle, particularly the appropriate interpretation of Article 9 claims. The case provided the ECtHR with an opportunity to clarify a number of discrete doctrines and interpretative approaches within Article 9 jurisprudence, and the Court decided to use this occasion

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De Freitas, SA. "Proselytism and the Right to Freedom from Improper Irreligious Influence: The Example of Public School Education." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 3 (2017): 887. http://dx.doi.org/10.17159/1727-3781/2014/v17i3a2269.

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Jurisprudentially speaking, "proselytism" is a concept within the larger genus of the protection of religious rights and freedoms. The word lends itself to differing opinions. However, there is a popular school of thought that "proselytism" has to do only with influencing people to adopt a particular religion. Such an understanding relies on the view that only the "religious" can be insidious and bear the potential to improperly proselytise, and thus excludes the possibility of improper irreligious forms of influence. In referring to the example of public-school education, it is argued that as

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Serrano Antón, Fernando. "The Implementation of the Windfall Profit Tax for Energy Providers in Spain: Its Contested Compatibility With European and Constitutional Law." Intertax 51, Issue 11 (2023): 781–800. http://dx.doi.org/10.54648/taxi2023074.

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This contribution focuses (1) on the legitimacy of the temporary solidarity contribution approved by the Council Regulation (EU) 2022/1854, from a legal perspective considering the use of emergency law; and (2) the European law and jurisprudence in contrast with the Spanish implementation of the windfall profit tax on hydrocarbons providers to sort out its compatibility with the European law. The analysis carried out leads us to maintain some doubts about the legal mechanism used by the EU for its approval, as well as its compatibility with the fundamental freedoms of the EU. We are also criti

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De Vido, Sara. "Anti-Money Laundering Measures Versus European Union Fundamental Freedoms and Human Rights in the Recent Jurisprudence of the European Court of Human Rights and the European Court of Justice." German Law Journal 16, no. 5 (2015): 1271–92. http://dx.doi.org/10.1017/s207183220002112x.

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AbstractThis article will evaluate whether, and to what extent, preventive measures in the fight against money laundering may limit fundamental freedoms and human rights within the European Union (“EU”). It will analyze two judgments rendered by the European Court of Justice (“ECJ”) and one judgment rendered by the European Court of Human Rights (“ECtHR”). In these three cases, the courts were asked to investigate the compatibility of specific Anti-Money Laundering (“AML”) preventive measures with the freedom to provide services enshrined in the Treaty on the Functioning of the European Union

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COVALCIUC, Ion, and Daniel CRISTEA. "THE RIGHT TO LIFE – INDEPENDENCE OF INVESTIGATIONS IN THE LIGHT OF THE ECtHR JURESPRUDENCE IN MOLDOVAN CASES." Anale ştiinţifice ale Academiei "Ştefan cel Mare" a MAI al Republicii Moldova. Ştiinţe juridice=Scientific Annals of the Academy "Stefan cel Mare" of MIA of the Republic of Moldova. Legal Sciences 17 (September 6, 2023): 108–17. https://doi.org/10.5281/zenodo.8320683.

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Although the approach to the right to life has undergone a constant dynamic based on the level of development and the values promoted by society, its importance remains undisputed. The fact that the right to life is currently on the agenda of European courts is not surprising. As it is evident that the right to life is the foundation of all other fundamental rights and freedoms of the individual. The manner in which this right is treated, including from the perspective of impartial investigations, cannot fail to have repercussions on how other rights are ultimately treated. At the same time, w

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Koumoutzis and Papastylianos. "Human Rights Issues Arising from the Implementation of Sharia Law on the Minority of Western Thrace—ECtHR Molla Sali v. Greece, Application No. 20452/14, 19 December 2018." Religions 10, no. 5 (2019): 300. http://dx.doi.org/10.3390/rel10050300.

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The Molla Sali case, recently heard by the ECtHR, concerns the compatibility of the implementation of Sharia in the family and personal relations of the Muslims of Western Thrace, who remained within the boundaries of the Greek State after the exchange of populations under the Treaty of Lausanne, to the ECHR. The applicant, a Greek national of the Muslim minority of Western Thrace, complained that she could not be beneficiary by testament of her deceased husband’s estate, member of the same minority, since, according to the position of the Court of Cassation, due to a series of international a

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Ivashchenko, V. A., and O. O. Kuzminskyi. "Protection of a company’s business reputation and individual professional activity in the case law of the European Court of Human Rights." Uzhhorod National University Herald. Series: Law 4, no. 88 (2025): 66–70. https://doi.org/10.24144/2307-3322.2025.88.4.9.

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The article explores the complex issue of legal protection of the business reputation of legal entities and the professional activity of individuals within the framework of Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), which guarantees the right to property. The authors focus on the analysis of the case law of the European Court of Human Rights (ECtHR), where business reputation and professional activity are increasingly considered as assets falling under the protection of this provision in cases of damage caused pri

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Scharffs, Brett G. "Symposium Introduction: The Freedom of Religion and Belief Jurisprudence of the European Court of Human Rights: Legal, Moral, Political and Religious Perspectives." Journal of Law and Religion 26, no. 1 (2010): 249–60. http://dx.doi.org/10.1017/s0748081400000965.

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During the past fifteen years, the European Court of Human Rights has been engaging seriously with the freedom of religion and belief under Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In many ways, the scope and ambition of the Court's jurisprudence has been breathtaking, especially when viewed from the United States; but many questions have begun to emerge about whether the Court has established an intellectual and conceptual architecture that is up to the task of dealing with the increasingly complex cases involving religious freedom that

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Fokas, Effie. "Kokkinakis at the Grassroots Level." Religion and Human Rights 12, no. 2-3 (2017): 210–22. http://dx.doi.org/10.1163/18710328-12231168.

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Abstract This contribution considers the impact of Kokkinakis at the grassroots level: to what extent do grassroots level actors know about the case of Kokkinakis and see in it an opportunity to further their own religion-related rights claims? To what extent has the case inspired social actors such as rights activists, cause lawyers or faith group members to mobilise for their own religion-related rights, whether in court, in the halls of government, or in the streets? Has Kokkinakis left a mark on the individual citizen with concerns to do with religious freedoms? These questions are address

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Fokas, Effie. "Kokkinakis at the Grassroots Level." Religion & Human Rights 12, no. 2-3 (2017): 210–22. https://doi.org/10.1163/18710328-12231168.

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This contribution considers the impact of Kokkinakis at the grassroots level: to what extent do grassroots level actors know about the case of Kokkinakis and see in it an opportunity to further their own religion-related rights claims? To what extent has the case inspired social actors such as rights activists, cause lawyers or faith group members to mobilise for their own religion-related rights, whether in court, in the halls of govern- ment, or in the streets? Has Kokkinakis left a mark on the individual citizen with con- cerns to do with religious freedoms? These questions are addressed th

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Sorokina, Elena. "Age discrimination and the European Court of Human Rights: is progress possible?" Meždunarodnoe pravosudie 13, no. 2 (2023): 3–16. https://doi.org/10.21128/2226-2059-2023-2-3-16.

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The number of human rights issues commanding and deserving attention throughout the world is undeniably growing. Age discrimination is one of these issues. If, and how, judicial authorities including the European Court of Human Rights (ECtHR) respond is one factor that could lead to real change on this issue. Age is not one of the protected grounds explicitly mentioned in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Age as a discriminatory distinction has been little discussed in the case law of the ECtHR. The prohibition of discrimination on the

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Lendvai, Gergely Ferenc, and Gergely Gosztonyi. "Sacred Flames: the Burning of Quran in the Context of Free Speech." Religion & Human Rights 20, no. 1 (2025): 19–38. https://doi.org/10.1163/18710328-bja10048.

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Abstract The study aims to add to the discourse on Quran burning via examining its legal and sociopolitical dimensions. We analyse the ECtHR case law, and policy debates to understand the liaison between individual freedoms, religious rights, different cultural values, and societal norms. Findings highlight that Quran burning, often “framed” as free speech, causes challenges in protecting individual rights and public order. Although, the ECtHR’s doctrinal reasonings can be applied to Quran burning, there are still deep-rooted issues in Europe especially in terms of outdated blasphemy laws, con

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Breskaya, Olga, Paolo De Stefani, and Giuseppe Giordan. "The Lautsi Legacy: A New Judgment on the Crucifix in Classrooms and the Multiculturalist Turn on Freedom of/from Religion in Italy." Religions 13, no. 7 (2022): 666. http://dx.doi.org/10.3390/rel13070666.

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The article offers a socio-legal analysis of the recent case on freedom of/from religion in Italy, the Coppoli judgment of the Italian Supreme Court, which grants public schools the autonomy to manage religious symbols. The new ruling is discussed in the shadow of the Lautsi case, examining the shift from the discourse of “passive religious symbol” to the framework of “respect of different sensibilities” in pluralistic classrooms. In doing that, first, we provide a sociological framework for the study of “passive religious symbols” from a multiculturalist and religious freedom perspective. Sec

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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, State and Society 45, no. 3-4 (2017): 268–83. http://dx.doi.org/10.1080/09637494.2017.1390871.

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Kuchiv, Oksana. "Freedom of movement in terms of justification in a democratic society: ECtHR approaches." Slovo of the National School of Judges of Ukraine, no. 2(35) (August 20, 2021): 27–39. http://dx.doi.org/10.37566/2707-6849-2021-2(35)-3.

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The article is devoted to the right to freedom of movement, guaranteed by the Article 2 of the Protocol 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms and compliance with the requirement of «necessity in a democratic society» while restricting freedom of movement. The article mentions the implementation of Article 2 of Protocol 4 to the Convention and the case law of the ECtHR by national courts in practice. In particular, it is stated that Article 2 of Protocol 4 to the Convention is most often applied in decisions of the courts of civil jurisdiction (507), le

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FULEY, Tetiana, and Oksana KUCHIV. "Freedom of movement in the light of the case law of the ECtHR: issues of applicability and identification of restrictions." Slovo of the National School of Judges of Ukraine, no. 1(30) (July 30, 2020): 39–50. http://dx.doi.org/10.37566/2707-6849-2020-1(30)-3.

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The article is devoted to the right to freedom of movement, which is guaranteed by Article 2 of the Protocol 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms. It is noted that freedom of movement includes 3 aspects: freedom of movement, freedom to choose residence and the right to leave any e country freely, including one's own. The structure of Article 2 of Protocol No. 4 and its features in comparison with the structures of other articles of the Convention are described. It is emphasized that freedom of movement, while a fundamental freedom, is not absolute and

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Radačić, Ivana. "Religious Symbols in Educational Institutions: Jurisprudence of the European Court of Human Rights." Religion and Human Rights 7, no. 2 (2012): 133–49. http://dx.doi.org/10.1163/18710328-12341234.

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Abstract The issue of religious symbols in educational institutions has been a source of vigorous legal and political controversy. Two types of cases have been litigated before the European Court of Human Rights: those concerning the wearing of the Islamic headscarf in schools and universities, and those concerning the presence of the crucifix in school classrooms. In this article, I shall analyse these cases, assessing how the Court balances different rights and State interests, focusing in particular on the Court’s interpretation of the principles of neutrality/secularism and of gender equal

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Antonov, Mikhail, and Ekaterina Samokhina. "The Realist and Rhetorical Dimensions of the Protection of Religious Feelings in Russia." Review of Central and East European Law 40, no. 3-4 (2015): 229–84. http://dx.doi.org/10.1163/15730352-04003001.

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The authors examine how the Russian judiciary formulates legal policies when adjudicating cases in which religious beliefs are concerned. First, the authors describe the framework within which their research on this matter is conducted, basing it on the theory of legal argumentation. Applying this framework to the investigation of Russian court practice has enabled the authors to discover important features, which they argue are characteristic of legal reasoning of the judiciary in this category of cases. In particular, the authors note that, at least until the present, the Russian Constitutio

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Anagnostou, Dia. "Individuals from Minority and Marginalized Groups before the Strasbourg Court: Legal Norms and State Responses from a Comparative Perspective." European Public Law 16, Issue 3 (2010): 393–400. http://dx.doi.org/10.54648/euro2010027.

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The obligation of states to implement the European Court of Human Rights case-law and the potential to exert influence in domestic laws and policies have been instrumental in the establishment and consolidation of the regime of human rights protection established by the European Convention on Human Rights. This article outlines a frame for exploring domestic implementation of ECtHR judgments by specifically focusing on case-law pertaining to marginalized individuals and minorities across different countries. The Court’s jurisprudence has progressively extended the scope of the civil and politi

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Arias Domínguez, Ángel. "Crónica de jurisprudencial laboral internacional. Enero / junio 2017 = Chronicle of international labor jurisprudence. January / june 2017." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (2018): 534. http://dx.doi.org/10.20318/cdt.2018.4134.

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Resumen: En el período de referencia no hay nuevas quejas “abiertas” o “en seguimiento” ante el Comité de Libertad Sindical. Tampoco los informes: núm. 381 (329ª reunión, Ginebra, 9-24 de marzo de 2017); y núm. 382 (330ª reunión, Ginebra, 17 de junio de 2017) del Comité de Libertad sindical, referenciaron problemática singular sobre el Reino de España.El Tribunal de Justicia de la Unión ha dictado dos resoluciones que afectan a España directamente: Rodrigo Sanz sobre condiciones de trabajo en Universidades Públicas, y Pérez Retamero sobre tiempo de trabajo en actividades móviles o itinerantes.

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Marochini-Zrinski, Maša. "The possibility of introducing compulsory vaccination against COVID-19 by applying the principle of proportionality, and analysis of the ECtHR case law and the existing case law of the constitutional court of Croatia." Zbornik radova Pravnog fakulteta Nis 61, no. 95 (2022): 13–42. http://dx.doi.org/10.5937/zrpfn1-40149.

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Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) protects individuals from the so-called involuntary medical treatments within the framework of the right to respect for private life. Given that the rights guaranteed under Article 8 are not absolute but qualified rights (which can be limited for the reasons enlisted in Article 8, paragraph 2), it is crucial to examine the necessity and proportionality of the measures adopted by the state when deciding on the admissibility of these limitations. In its jurisprudence, the European Court of Human Rights

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Gibson, Matthew. "Rastafari and Cannabis: Framing a Criminal Law Exemption." Ecclesiastical Law Journal 12, no. 3 (2010): 324–44. http://dx.doi.org/10.1017/s0956618x10000384.

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Rastafari cannabis use presents a challenge in reconciling the doctrines of freedom of religion and the criminal law. Hitherto, the domestic courts have not resolved this clash in favour of religion, displaying reluctance to explore the doctrinal limits of religious freedom. This has occurred at a time of increasing Rastafari numbers across the United Kingdom, forcing some followers to choose between adherence to either their religion or generally applicable criminal laws. Such ‘choice’ inhibits the development of domestic religious freedoms where they conflict with criminal laws protecting wi

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Thompson, A. Keith. "The Liberties of the Church and the City of London in Magna Carta." Ecclesiastical Law Journal 18, no. 3 (2016): 271–90. http://dx.doi.org/10.1017/s0956618x1600051x.

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This article identifies the liberties of the Church and the City of London which were intended to be protected by Magna Carta from 1215. The liberties intended were a recognition of a form of autonomy for the Church and the City and have no connection with the individual freedoms that are identified for protection by modern human rights instruments. The clauses in Magna Carta conferring that autonomy are among the very few that have not been repealed, but they have not been asserted for hundreds of years. While the idea of church autonomy has resonance with the ideas of subsidiarity and sphere

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Surlan, Tijana. "Freedom of Religion and the Legal Status of Churches: A Case Study from the Serbian Constitutional Court." Studies in Church History 56 (May 15, 2020): 487–507. http://dx.doi.org/10.1017/stc.2019.27.

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This article offers a short study of the conjugation of freedom of religion, freedom of association and the legal status of religions and churches. Human rights are elaborated as defined in international human rights law, accentuated by the jurisprudence of the European Court of Human Rights. A compliance case that came before the Constitutional Court of the Republic of Serbia provides a national jurisprudential example useful for the analysis of relations between human rights and the legal status of a church. Analysis of the law is both horizontal and vertical: a description of norms is inter

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Hill, Mark. "The Qualified Right to Freedom of Religion: An examination of the limitations contained in Article 9 of the European Convention on Human Rights." Studia z Prawa Wyznaniowego 23 (December 30, 2020): 73–99. http://dx.doi.org/10.31743/spw.9697.

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The manifestation of religious beliefs under Article 9 of the European Convention on Human Rights is not absolute but may be subject to prescribed limitations. This article discusses the nature and extent of those limitations, as interpreted in the case law of the European Court of Human Rights from its decision in Kokkinakis v. Greece up to the present. It contrasts the prescriptive text of the Article with its loose and inconsistent interpretation by the Court in Strasbourg. Particular attention is given to the criteria of ‘prescribed by law’, ‘necessary in a democratic society’, ‘public saf

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Hill, Mark, and Katherine Barnes. "Limitations on Freedom of Religion and Belief in the Jurisprudence of the European Court of Human Rights in the Quarter Century since Its Judgment in Kokkinakis v. Greece." Religion and Human Rights 12, no. 2-3 (2017): 174–97. http://dx.doi.org/10.1163/18710328-12231158.

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Abstract The manifestation of religious beliefs under Article 9 the European Convention on Human Rights is not absolute but may be subject to prescribed limitations. This article discusses the nature and extent of those limitations, as interpreted in the case law of the European Court of Human Rights from its decision in Kokkinakis v. Greece up to the present. It contrasts the prescriptive text of the Article with its lose and inconsistent interpretation by the Court in Strasbourg. Particular attention is given to the criteria of “prescribed by law”, “necessary in a democratic society”, “publi

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