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  • 2 - The Text of ECHR Article 9 and Provisions in Related International Instruments

  • from Part I - The Understanding of the Right to Freedom of Thought, Conscience and Religion in Echr Article 9
  • Caroline K. Roberts, Oxford Brookes University
  • Book:
    Freedom of Religion or Belief in the European Convention on Human Rights
    Published online:
    02 December 2023
    Print publication:
    23 November 2023, pp 31-62

  • Summary

    Chapter 2 focuses on the text of ECHR Article 9 and other international provisions protecting the right to freedom of thought, conscience and religion including Article 18 of the Universal Declaration of Human Rights (UDHR), Article 18 of the International Covenant on Civil and Political Rights (ICCPR), and Article 1 of the Declaration on the Elimination of all Forms of Intolerance and of Discrimination based on Religion or Belief (1981 Declaration). It also explores the drafting history of these Articles through an examination of the relevant travaux préparatoires. By analysing this material, and drawing upon a recent, deeply valuable contribution to the understanding of ICCPR Article 18, Chapter 2 seeks to demonstrate that it is more faithful to these text of the ECHR Article 9 and the relevant travaux préparatoires to understand the forum internum and forum externum aspects of the right to freedom of thought, conscience and religion in terms of a relationship rather than in terms of a binary and hierarchical distinction.