Challenges Related to the Increase of Religious Diversity in the Light of the Judicial Decisions of the European Court of Human Rights
European states responded in different ways to tensions related to the increase in religious diversity, and the restrictions introduced were considered appropriate when they resulted from public security and the need to protect others, especially if the state presented a credible justification. On t...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Wydawn. Uniw. Śląskiego
2021
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| In: |
Ecumeny and law
Year: 2021, Volume: 9, Issue: 2, Pages: 125-139 |
| Standardized Subjects / Keyword chains: | B
Religious pluralism
/ Europäischer Gerichtshof für Menschenrechte
/ Jurisdiction
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| IxTheo Classification: | SA Church law; state-church law |
| Further subjects: | B
Religious Diversity
B Proselytism B Religious Symbol B the European Court of Human Rights |
| Online Access: |
Volltext (kostenfrei) Volltext (kostenfrei) |
| Summary: | European states responded in different ways to tensions related to the increase in religious diversity, and the restrictions introduced were considered appropriate when they resulted from public security and the need to protect others, especially if the state presented a credible justification. On this occasion, the case-law of the ECHR developed two key concepts for the determination of the presence of religious symbols in public places: a powerful external symbol and an essentially passive symbol. An important achievement of the Tribunal is also the introduction of the concept of “improper proselytism.” Certainly, a further increase in religious diversity in Europe may lead to new areas of controversy, which will then be assessed by the ECHR. However, the existing instruments used by the Court, such as the idea of the Convention as a living document, the theory of the margin of appreciation or the analysis of the existence of the European consensus, enable it to develop its interpretation in this regard. |
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| ISSN: | 2391-4327 |
| Contains: | Enthalten in: Ecumeny and law
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| Persistent identifiers: | DOI: 10.31261/EaL.2021.09.2.06 |