Journal of Catholic Legal Studies Volume 45 Number 1 Volume 45, 2006, Number 1 Article 6 Religious Liberty and Protections in Europe Elizabeth F. Defeis Follow this and additional works at: https://scholarship.law.stjohns.edu/jcls Part of the Catholic Studies Commons This Symposium is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in Journal of Catholic Legal Studies by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact
[email protected]. RELIGIOUS LIBERTY AND PROTECTIONS IN EUROPE ELIZABETH F. DEFEISt INTRODUCTION In his remarkably perceptive book, CAN GOD AND CAESAR COEXIST? BALANCING RELIGIOUS FREEDOM AND INTERNATIONAL LAW, Father Robert F. Drinan ("Fr. Drinan") is critical of the decisions of the European Court of Human Rights ("ECHR") for its lack of deference to the free exercise claims of petitioners to the Court.1 As a partial answer, he questions whether an international mechanism could better resolve claims of violations of religious liberty. The failure of the ECHR to address more sensitively infringement of religious liberty is symptomatic of the increasing secularization of Europe, particularly the so-called Old Europe, best exemplified by France, Spain, and Italy. The ECHR has found secularism to be consistent with values underpinning the European Convention on Human Rights and Fundamental Freedoms ("ECHRFF"), in harmony with the rule of law and respect for human rights, and may be necessary to protect a democratic system.2 Despite strong opposition from church leaders in traditionally Catholic countries, Italy enacted legislation permitting abortions in 1978,3 and Spain recently enacted the t Professor of Law, Seton Hall University School of Law.