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IV The Role And Responsibilities Of The State

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Chapter Summary

This chapter identifies core strands in the approach of the Court to the freedom of religion or belief by examining how the following principles work in practice: (a) neutrality and impartiality; (b) fostering pluralism and tolerance; (c) protecting the rights and freedoms of others. Neutrality and impartiality means that the state ought to have no interest in internal organisational issues unless the results are such as to endanger the public order, health, morals or the rights and freedoms of others. The point at which the limits of state abstention in the interests of neutrality and impartiality and state intrusion in the interests of fostering pluralism and tolerance are re-connected is in the overarching need to protect the rights and freedoms of others, believers and non-believers, both within religious bodies and within the broader political community.

Keywords: convention rights; freedom of religion; impartiality; neutrality; pluralism; state responsibility; tolerance

10.1163/ej.9789004172746.i-232.15
/content/books/10.1163/ej.9789004172746.i-232.15
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