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Globalization, International Law, and Human Rights$
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Jeffery F. Addicott, Md Jahid Hossain Bhuiyan, and Tareq M.R. Chowdhury

Print publication date: 2011

Print ISBN-13: 9780198074151

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780198074151.001.0001

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Freedom of Religion in a Globalized World

Freedom of Religion in a Globalized World

The European Experience

Chapter:
(p.67) 3 Freedom of Religion in a Globalized World
Source:
Globalization, International Law, and Human Rights
Author(s):

Edel Hughes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198074151.003.0003

The principal mechanism for the protection of freedom of religion in Europe stems from Article 9 of the European Convention on Human Rights. This provision not only protects the right to freedom of thought, conscience, and religion but also provides strong safeguards against interference with the manifestation of religious beliefs (while allowing for certain limitations as imposed by domestic authorities). Nonetheless, this chapter asserts that the supervisory body of the European Convention on Human Rights, the European Court of Human Rights, has failed to adequately protect this right, particularly in cases where the manifestation of the religious belief concerned is Islam. It begins with a brief outline of the current state of religion in Europe and provides an overview of the Article 9 jurisprudence. It then turns to the question of Islam and the European Court of Human Rights, and assesses the court’s attitude thereto.

Keywords:   religious rights, European Convention of Human Rights, religious beliefs, European Court of Human Rights, human rights protection, Islam

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