TITLE

Reflections on Freedom of Religion and Conscience: Article 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms

AUTHOR(S)
De Gaetano, Vincent A.
PUB. DATE
February 2015
SOURCE
Law of Ukraine;2015, Issue 2, p81
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article is dedicated to interpretation and application of Article 9 of the European Convention of Human Rights («the Convention») by the European Court of Human Rights («the Court») as well as its correlation with other Convention's articles. The author analyzes both sphere and limits of application of Article 9, proposes «reasonable accommodation» to be a principle of its application. The analysis is advanced regarding cases of religious dress in public places, as of full-face veil, and cases of proselytism. The reasons are revealed that the Court advances for the construction of permissible restrictions of rights, enshrined in Article 9. The author emphasizes on the broad sense of Article 9, citing examples of cases in which its guarantees had been applied to the religious aspects of the applicants' lives. The article provides an understanding that the concept of conscience in terms of the Court is multifaceted, so that cases that are similar at first glance, can be solved by it in different ways. Moreover, the author notes that the concept of «conscience», provided by Article 9 of the Convention is a separate category, not tied to any religious belief, so it cannot be equated with the concept of «religion».
ACCESSION #
102336556

 

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