REMEDIES FOR HUMAN RIGHTS VIOLATIONS IN INTERNATIONAL LAW: THE CASE OF RELIGIOUS FREEDOM IN INTERNATIONAL AND EUROPEAN REGIONAL HUMAN RIGHTS COURTS
REMEDIES FOR HUMAN RIGHTS VIOLATIONS IN INTERNATIONAL LAW: THE CASE OF RELIGIOUS FREEDOM IN INTERNATIONAL AND EUROPEAN REGIONAL HUMAN RIGHTS COURTS

Summary/Abstract: This article examines the access to remedies available to individual actors or groups in cases of violations of the freedom of religion. The emphasis of this article is on the Human Rights Courts, first at the international level and then within the European political and judicial institutions. After outlining the remedy mechanisms available to states, organisations and individuals in relation to religious human rights violations in the international courts, the article will proceed to examine a number of cases and treaties handled by the European Court of Justice, European Commission, European Parliament, Council of Europe and Parliamentary Assembly, regarding the freedom of religion. The argument put forward is that in spite of the universally recognised de jure protection of freedom of religion as a normative principle in international law, this human right is not always recognised de facto by the European regional human rights bodies. Whereas Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms clearly recognises and protects religious freedom, this author will argue that it has often been used as a way to limit religious freedom rather than offer remedies, protect and expand such freedoms, especially in relation to new and minority religions.

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