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The Freedom Of Religion In Article 9 Of The European Convention On Human Rights: Historical Roots And Today's Dilemma's

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Chapter Summary

This chapter gives a short, historical sketch of the development of legal guarantees of religious freedom in Europe - finally culminating in Article 9 of the European Convention on Human Rights. Then it deals with two fundamental questions involved in the application of this provision: how to define freedom of religion, and how to determine what restrictions of religious freedom are justified. In Europe Article 9 of the Convention is of far greater importance than Article 18 of the Covenant, especially because of the case law of the European Court of Human Rights - a supranational court giving a binding interpretation of the Convention. Therefore, the author only discusses Article 9, and in particular the case law of the European Court. Finally the chapter address the question whether an autonomous right to religious freedom is justified.

Keywords: Article 9; European Convention; European court; human rights; religious freedom



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