Freedom of Religion and Competing Human Rights Systems
2015 (English)In: Freedom of Religion in the 21st Century: A human rights perspective on the relation between politics and religion / [ed] Hans-Georg Ziebertz and Ernst Hirsch Ballin, Brill Academic Publishers, 2015Chapter in book (Refereed)
In this article, I examine the issue of competing human rights from a legal perspective. European states which are members of the European Union (EU), are bound by three different sets of legally binding rights catalogues, or “rights regimes”; the EU Charter on Fundamental Rights and Freedoms (“Charter”), the European Convention on Human Rights (ECHR) and national, constitutional, rights catalogues. Freedom of religion is recognized as an important right and protected by the ECHR (Article 9), the Charter (Article 10) and almost every national rights catalogue. What then is the problem, apart from the obvious one that the law can say one thing, but the practice at the national level can be quite different? The problem is that freedom of religion can compete with other rights within the same rights regime, and, moreover, competition can arise between the regimes.
Place, publisher, year, edition, pages
Brill Academic Publishers, 2015.
religion human rights european law
Law (excluding Law and Society) Law and Society
Research subject Constitutional Law; European (Integration) Law
IdentifiersURN: urn:nbn:se:uu:diva-270146ISBN: ISBN13: 9789004296770OAI: oai:DiVA.org:uu-270146DiVA: diva2:886086