Challenges Related to the Increase of Religious Diversity in the Light of the Judicial Decisions of the European Court of Human Rights

• Authors: Michał Hucał

Abstracts

EN

European states responded in different ways to tensions related to the increase in religious diversity, and the restrictions introduced were considered appropriate when they resulted from public security and the need to protect others, especially if the state presented a credible justification. On this occasion, the case-law of the ECHR developed two key concepts for the determination of the presence of religious symbols in public places: a powerful external symbol and an essentially passive symbol. An important achievement of the Tribunal is also the introduction of the concept of “improper proselytism.” Certainly, a further increase in religious diversity in Europe may lead to new areas of controversy, which will then be assessed by the ECHR. However, the existing instruments used by the Court, such as the idea of the Convention as a living document, the theory of the margin of appreciation or the analysis of the existence of the European consensus, enable it to develop its interpretation in this regard.

Keywords

EN

the European Court of Human Rights; religious diversity; religious symbol; proselytism

• Publisher: Wydawnictwo Uniwersytetu Śląskiego
• Journal: Ecumeny and Law
• Year: 2021
• Volume: 9
• Issue: 2
• Pages: 125-139

Dates

published

2021

Contributors

author

Michał Hucał

• Christian Theological Academy in Warsaw

Identifiers

DOI

10.31261/EaL.2021.09.2.06

Biblioteka Nauki

2015915