Religious Freedom in Europe - Essay Example

Religious freedom in Europe Introduction Freedom of religion is enshrined in the Universal Declaration of Human Rights (UDHR) and the provisions of International Covenant on Civil and Political Rights (ICCPR).1 According to international law, religious freedom entails the right to have or not to have or adopt a religion or belief of one’s choice and the freedom to manifest one’s religion either individual or with others through observance, teaching, worship or practice. The European Union provides that the freedom of thought, conscience, religion or belief applies to all persons equally and includes the right to practice those religions or beliefs that have not been traditionally practiced in those countries. The European law on freedom of religion or belief is guided by the inter-relatedness, interdependence, universality and indivisibility of all human rights whether social, political, civil or cultural rights.2 Freedom of religion is a fundamental human right that contributes to rule of law, democracy and peace. Article 9 of the European Convention on Human Rights provides that everyone has a right to freedom of thought, conscience and religion while Article 2 of Protocol No 1 to the convention grants parents the right to ensure the education of their children conforms to their own religious beliefs. Article 18 of the International Covenant on Civil and Political Rights (ICCPR) grants individuals the freedom of religion and thought including the freedom to adopt or leave a certain religion without any coercion.3 The freedom of religion is only subject to limitations that are prescribed in law for the purposes of ensuring public safety, order, morals and health or the protection of the fundamental rights of others. Article 26 of ICCPR requires non-discrimination on the basis of religion. Article 10 of European Charter of Fundamental Rights and Freedom is aligned with the Convention and grants the parents the right to ensure the education of their children conforms to their own philosophical, pedagogical and religious convictions in accordance with the national laws that govern those freedoms.4 The Convention outlines that freedom of religion cannot be limited to the ‘main’ religions since all religious movements are granted equal protection according to the law. The issue of new religious groups that are sometimes referred as ‘sects’ arose in the case of Federation chretienne des temoins de Jehovah de France v. France, no. 53430/99, ECHR 2001- XI where the court noted that French legislation aimed at strengthening preventive and punitive measures against sectarian movements thus infringing the fundamental human freedoms.5 The freedom of religion is a fundamental pillar of democratic society and includes the freedom to hold, not to hold beliefs and practice the religion as outlined in the case of Buscarini and Others v. San Marino (GC), no. 24645/94, ECHR 1999-1. The various religions should coexist within the same population and the state should remain neutral and impartial in exercising its regulatory role over the religions as outlined in the case of Metropolitan Church of Bessarabia and Others v. Moldova, no. 45701/99, 115-116, ECHR 2001-XII. The state is also barred from obliging a religious group to admit new members or exclude certain members as evidenced by the case of Svyato-Mykhaylivska Parafiya v. Ukraine, (2007). In the case of Kokkinakis v. Greece, (1993), the court noted that an individual can convince others to change their religion during practice or observance of the religion, but should avoid intimidation, undue pressure or abusive behaviour that cannot be protected by the Convention. Article 9 of the Convention has not granted the right to dissent within a religious group especially on disagreements related to doctrine or organization of the religious group since the dissenting member has a right to leave the religious community.6 The state is barred from imposing certain practices associated with a particular religion since this is a violation of Article 9 of the convention. In the case of Dimitras and Others v. Greece, no. 42837/06, the court found that state had violated Article 9 by requiring witnesses to judicial proceedings to disclose their religion in order to avoid having to take an oath on the Bible. The state has a duty to protect religious communities from incitement to violence and hatred against a religious community by repressing certain forms of ideas, conduct or information that is provocative and violates the spirit of tolerance. A case example is Gunduz v. Turkey, no. 35071/97 (ECHR 2003) where the court convicted a sect leader for inciting people to hostility and hatred on Turkish media and ruled that the leader’s conception of Islam was incompatible with democratic ideals and violation of Article 10 of the Convention.7 The courts weigh up the legitimate interests of individuals and employers in making judgments concerning accommodation of various religions in the workplace. The case of Eweida and Others v. United Kingdom, no. 48420/10, ECHR 20134 where the court noted that acts or omissions that do not directly concern expression of religious belief or are not connected to a particular religion fall outside Article 9. The European court determines whether measures undertaken by employers in restricting the freedom of religion are justified in principle and proportionate especially in regulations concerning wearing of religious clothing or symbols when the employer has a uniform code. Some employers may consider amending the uniform code if it does not affect the company brand or threaten the health and safety of the employee.8 The freedom of religion can be limited as long as the limitation is prescribed by the law, necessary and proportionate. The legitimate aims of limitation include necessity of protecting public safety, protection of moral and health and protection of the fundamental rights and freedoms of others.9 Conclusion The freedom of religious is protected by the EU charter, conventions and covenants that aim at ensuring that individuals are free to join, leave or practice a religion of their choice without coercion or intimidation. The fundamental freedom aims at ensuring religious pluralism and furthering democratic society. However, the state can impose limitations that are prescribed by law or in protecting public safety and rights of others. Bibliography: Evans, Malcolm. Religious liberty and international law in Europe. Cambridge: Cambridge University Press. 2008. Uitz, Renata. Freedom of religion. Geneva: Council of Europe. 2007. Council of Europe, Article 9 of Convention for the Protection of Human Rights and Fundamental Freedoms. 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