Autonomy of religious communities versus the battle for human rights: Two sides of the same coin

• Autores: Merilin Kiviorg
• Localización: Law, Religion, and Freedom: Conceptualizing a Common Right / coord. por Donlu D. Thayer; W. Cole Durham (ed. lit.), Javier Martínez-Torrón (ed. lit.), 2021, ISBN 978-1-138-55589-1, págs. 145-166
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • The aim is to address autonomy of religious communities from the perspective of international law and ECtHR case law with the help of an analysis of the UK Jewish Free School case. The JFS could also make use of Article 11 in combination with Article 9, as this combination seem to have provided better protection to autonomy of religious communities under the ECHR than sole reliance on Article 9. However, as mentioned above, in cases involving collective religious autonomy, the Court has been prepared to apply stricter scrutiny taking into account the importance of the autonomous existence of religious communities for pluralism and democratic society. In addition to the meta-principles such as recognition of religion or belief as salient aspects of individual's identity, state neutrality, pluralism, non-discrimination, and autonomy of religious communities, there are other factors which seem to influence the Court's decisions.