TY - JOUR
T1 - The freedom to wear religious clothing in the case law of the European Court of Human Rights: an appraisal in the light of states’ positive obligations.
AU - Ferri, Marcella
PY - 2017
Y1 - 2017
N2 - The contribution gives an overview of the interpretation elaborated by the European Court of Human Rights of the freedom of thought, conscience and religion (Article 9), paying special attention to the wide case law on the freedom to wear religious symbols and clothing. The analysis is developed in the light of the doctrine of positive obligations, according to which states have some positive obligations requiring them to take the measures necessary to assure the effective implementation of individuals’ human rights. Contrary to other rights secured by the European Convention of Human Rights, the European case law on positive obligations flowing from the right to freedom of thought, conscience and religion is rather underdeveloped. This aspect is deeply linked with a notion of religious pluralism which the Court defines in a narrow and excluding way.
AB - The contribution gives an overview of the interpretation elaborated by the European Court of Human Rights of the freedom of thought, conscience and religion (Article 9), paying special attention to the wide case law on the freedom to wear religious symbols and clothing. The analysis is developed in the light of the doctrine of positive obligations, according to which states have some positive obligations requiring them to take the measures necessary to assure the effective implementation of individuals’ human rights. Contrary to other rights secured by the European Convention of Human Rights, the European case law on positive obligations flowing from the right to freedom of thought, conscience and religion is rather underdeveloped. This aspect is deeply linked with a notion of religious pluralism which the Court defines in a narrow and excluding way.
KW - European Court of Human Rights
KW - freedom of religion
KW - positive obligations
KW - European Court of Human Rights
KW - freedom of religion
KW - positive obligations
UR - http://hdl.handle.net/10807/122724
U2 - 10.1080/09637494.2017.1393715
DO - 10.1080/09637494.2017.1393715
M3 - Article
SN - 0963-7494
SP - 186
EP - 202
JO - RELIGION STATE & SOCIETY
JF - RELIGION STATE & SOCIETY
ER -