Užívání náboženských symbolů ve světle judikatury Evropského soudu pro lidská práva
The Use of Religious Symbols in the Light of the Case-law of the European Court of Human Rights

Summary/Abstract: In this paper, we have analyzed cases concerning the wearing of religious symbols in public spaces. We have found that relevant case-law of the European Court of Human Rights may serve as a guide to national legislators who plan to restrict the use of religious symbols. The major problem is that national legislation has to be in compliance with the principles of legitimacy and proportionality. With respect to the situation in the Czech Republic we have reached at the conclusion that as there is no consistent and long-lasting tradition of secularism and no public debate which meets the requirements formulated by the European Court of Human Rights, a legislative ban on religious symbols in public spaces would not be in line with the standards of the European Convention on Human Rights.

• Details
• Contents