عنوان

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

LA125922

انگلیسی

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

[Article]

Mark Hill, Katherine Barnes

Leiden

Brill

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", "public safety", "public order, health or morals" and "the rights and freedoms of others". It seeks to divine principles from the varied jurisprudence, particularly at its intersection with the Court's illusory doctrine of margin of appreciation. 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", "public safety", "public order, health or morals" and "the rights and freedoms of others". It seeks to divine principles from the varied jurisprudence, particularly at its intersection with the Court's illusory doctrine of margin of appreciation.

2017

174-197

Religion & Human Rights

12/2-3

1871-0328

Article 9

European Convention on Human Rights (ECHR)

European Court of Human Rights (ECtHR)

freedom of religion

Human Rights and Humanitarian Law

Kokkinakis

limitations

margin of appreciation

public order

Religion & Society

rights and freedoms of others

Social Sciences

Katherine Barnes

Mark Hill

10.1163/18710328-12231158

p

[Article]

275578

a

Y