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4 - The right to manifest religious belief and applicable limitations

Published online by Cambridge University Press:  14 January 2010

Paul M. Taylor
Affiliation:
Barrister, Lincoln's Inn
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Summary

Introduction

This chapter will examine the scope of protection given to manifestations of religion or belief, as well as the corresponding limitation provisions that may be relied on by States to restrict such manifestations. It will highlight some of the differences between European and Universal jurisprudence, in particular, in the threshold at which manifestations of belief qualify for protection and in the breadth given to limitation provisions.

Although there is no established hierarchy distinguishing the variety of recognised forms of manifestation, there is no doubt that some (such as worship) are given greater importance than others (the wearing of religious headdress), at least in European practice. Certain forms of manifestation appear to be given little protection at all by the European organs even though clearly acknowledged at United Nations level. The causes of such apparent disparity deserve critical examination in the light of the widest available range of sources. The list of manifestations given in Article 6 of the Declaration on the Elimination of all Forms of Intolerance and of Discrimination based on Religion or Belief (‘1981 Declaration’) provides a useful framework for measuring current standards and assists a thematic analysis of different forms of manifestation. The chapter offers an evaluation of the scope of recognised expressions of religion or belief, stripped of considerations peculiar to the particular circumstances of individual cases.

Type
Chapter
Information
Freedom of Religion
UN and European Human Rights Law and Practice
, pp. 203 - 338
Publisher: Cambridge University Press
Print publication year: 2005

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