FREEDOM OF RELIGION, IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS
FREEDOM OF RELIGION, IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Summary/Abstract: Matters related to religious convictions and their manifestations are often controversial and sensitive, chiefly in an ever more pluralist society. This is why, on the one hand, authorities need to be capable of imposing restrictions only on the basis of a clear juridical justification, and on the other hand, they shall pursue a legitimate goal in a proportional manner. It is to be noticed that, generally speaking, European countries have been confronted with new challenges, due to the religious pluralism stemming from globalisation (the large number of Islamic migrants is relevant in this respect), as well as to the cultural and religious identity crisis Europe has been experiencing. Amid the turmoil caused by social change in the European area, the European Court of Human Rights has been called upon to act on the thorny matter of defining the place of religion in postmodern pluralist societies. Thus, the Court ruled on cases in which the conflict had emerged from the act of wearing religious symbols in public institutions. One may indeed state that wearing religious symbols and garments (Islamic veil, burqa, niqab, crucifix etc.) in schools and universities has engendered, for a few years, significant debates in various European countries.

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