DOCSLIB.ORG

Guide on Article 9 of the European Convention on Human Rights

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Guide on Article 9 of the European Convention on Human Rights Freedom of thought, Conscience and religion Updated on 30 April 2021 This Guide has been prepared by the Registry and does not bind the Court. Guide on Article 9 of the Convention – Freedom of thought, conscience and religion Publishers or organisations wishing to translate and/or reproduce all or part of this report in the form of a printed or electronic publication are invited to contact [email protected] for information on the authorisation procedure. If you wish to know which translations of the Case-Law Guides are currently under way, please see Pending translations. This Guide was originally drafted in French. It is updated regularly and, most recently, on 30 April 2021. It may be subject to editorial revision. The Case-Law Guides are available for downloading at www.echr.coe.int (Case-law – Case-law analysis – Case-law guides). For publication updates please follow the Court’s Twitter account at https://twitter.com/ECHR_CEDH. © Council of Europe/European Court of Human Rights, 2021 European Court of Human Rights 2/99 Last update: 30.04.2021 Guide on Article 9 of the Convention – Freedom of thought, conscience and religion Table of contents Note to readers .............................................................................................. 5 Introduction ................................................................................................... 6 I. General principles and applicability ........................................................... 8 A. The importance of Article 9 of the Convention in a democratic society and the locus standi of religious bodies ............................................................................................................ 8 B. Convictions protected under Article 9 ........................................................................................ 8 C. The right to hold a belief and the right to manifest it .............................................................. 11 D. Negative and positive obligations on the State ........................................................................ 16 1. Interference in the exercise of protected rights and justification thereof ......................... 16 2. Positive obligations on Contracting States ......................................................................... 20 E. Overlaps between the safeguards of Article 9 and the other Convention provisions .............. 20 II. Actions protected under Article 9 ........................................................... 23 A. Negative aspect ........................................................................................................................ 23 1. The right not to practice a religion or to reveal one’s beliefs ............................................ 23 2. Conscientious objection: the right not to act contrary to one’s conscience and convictions .......................................................................................................................... 24 B. Positive aspect .......................................................................................................................... 29 1. General principles ............................................................................................................... 29 2. Freedom of religion and physical and mental health issues............................................... 30 3. Observance of dietary laws ................................................................................................. 31 4. Wearing of religious clothing and symbols ......................................................................... 32 5. Religious freedom, family and education of children ......................................................... 38 6. Preaching and proselytism .................................................................................................. 42 7. Freedom of religious worship ............................................................................................. 43 8. Places and buildings of worship .......................................................................................... 46 C. Freedom of religion and immigration ....................................................................................... 49 1. Residence and employment of foreigners in the national territory and freedom of religion ................................................................................................................................ 49 2. Expulsion to a country which violates freedom of religion ................................................ 51 III. The State’s obligations as guarantor of freedom of religion .................. 52 A. Negative obligations: obligation not to impede the normal functioning of religious organisations ............................................................................................................................ 52 1. Legal status of religious organisations in the contracting States ....................................... 52 2. Recognition, registration and dissolution of religious organisations ................................. 54 3. Use by the State of derogatory terms against a religious community ............................... 60 4. Financial and tax measures ................................................................................................. 62 5. Measures taken against religiously inspired political parties ............................................. 68 B. Negative obligations: respect for the autonomy of religious organisations ............................ 69 1. Principle of the autonomy of religious organisations ......................................................... 69 2. State interference in intra- or inter-denominational conflicts ........................................... 70 3. Disputes between religious organisations and their members (adherents and ministers of religion)........................................................................................................... 75 European Court of Human Rights 3/99 Last update: 30.04.2021 Guide on Article 9 of the Convention – Freedom of thought, conscience and religion 4. Disputes between religious organisations and their employees ........................................ 76 C. Positive obligations ................................................................................................................... 80 1. Protection against physical, verbal or symbolic attacks by third persons .......................... 80 2. Religion at the workplace, in the army and in court........................................................... 83 3. Religious freedom for prisoners ......................................................................................... 86 List of cited cases ......................................................................................... 90 European Court of Human Rights 4/99 Last update: 30.04.2021 Guide on Article 9 of the Convention – Freedom of thought, conscience and religion Note to readers This Guide is part of the series of Case-Law Guides published by the European Court of Human Rights (hereafter “the Court”, “the European Court” or “the Strasbourg Court”) to inform legal practitioners about the fundamental judgments and decisions delivered by the Strasbourg Court. This particular Guide analyses and sums up the case-law under Article 9 of the European Convention on Human Rights (hereafter “the Convention” or “the European Convention”). Readers will find herein the key principles in this area and the relevant precedents. The case-law cited has been selected among the leading, major, and/or recent judgments and decisions.* The Court’s judgments and decisions serve not only to decide those cases brought before it but, more generally, to elucidate, safeguard and develop the rules instituted by the Convention, thereby contributing to the observance by the States of the engagements undertaken by them as Contracting Parties (Ireland v. the United Kingdom, § 154, 18 January 1978, Series A no. 25, and, more recently, Jeronovičs v. Latvia [GC], no. 44898/10, § 109, ECHR 2016). The mission of the system set up by the Convention is thus to determine issues of public policy in the general interest, thereby raising the standards of protection of human rights and extending human rights jurisprudence throughout the community of the Convention States (Konstantin Markin v. Russia [GC], § 89, no. 30078/06, ECHR 2012). Indeed, the Court has emphasised the Convention’s role as a “constitutional instrument of European public order” in the field of human rights (Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland [GC], no. 45036/98, § 156, ECHR 2005-VI). This Guide contains references to keywords for each cited Article of the Convention and its Additional Protocols. The legal issues dealt with in each case are summarised in a List of keywords, chosen from a thesaurus of terms taken (in most cases) directly from the text of the Convention and its Protocols. The HUDOC database of the Court’s case-law enables searches to be made by keyword. Searching with these keywords enables a group of documents with similar legal content to be found (the Court’s reasoning and conclusions in each case are summarised through the keywords). Keywords for individual cases can be found by clicking on the Case Details tag in HUDOC. For further information about the HUDOC database and the keywords, please see the HUDOC
Recommended publications
  • Convention Theory: Is There a French School of Organizational Institutionalism?

    Convention Theory: Is There a French School of Organizational Institutionalism?

    CONVENTION THEORY : IS THERE A FRENCH SCHOOL OF ORGANIZATIONAL INSTITUTIONALISM? Thibault Daudigeos, Bertrand Valiorgue To cite this version: Thibault Daudigeos, Bertrand Valiorgue. CONVENTION THEORY : IS THERE A FRENCH SCHOOL OF ORGANIZATIONAL INSTITUTIONALISM?. 2010. hal-00512374 HAL Id: hal-00512374 http://hal.grenoble-em.com/hal-00512374 Preprint submitted on 30 Aug 2010 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. "CONVENTION THEORY": IS THERE A FRENCH SCHOOL OF ORGANIZATIONAL INSTITUTIONALISM? Thibault Daudigeos Grenoble Ecole de Management Chercheur Associé, Institut Français de Gouvernement des Entreprises [email protected] Bertrand Valiorgue ESC Clermont Chercheur Associé, Institut Français de Gouvernement des Entreprises [email protected] We thank the participants of the NIW2010 and AIMS 2010 workshops for their insightful comments. 1 "CONVENTION THEORY": IS THERE A FRENCH SCHOOL OF ORGANIZATIONAL INSTITUTIONALISM? ABSTRACT This paper highlights overlap and differences between Convention Theory and New Organizational Institutionalism and thus states the strong case for profitable dialog. It shows how the former can facilitate new institutional approaches. First, convention theory rounds off the model of institutionalized action by turning the spotlight to the role of evaluation in the coordination effort.
  • 600 Graphic Link Words for Remembering Names and Faces

    600 Graphic Link Words for Remembering Names and Faces

    600 Graphic Link Words for Female and Male First Names and Faces by Ron White and Lew Toulmin These are names and images to be used to remember names and faces. Focus on the person whose first name you are trying to remember, select a feature (“the file”) on his/her face that is distinctive, then place the image below onto the file, “seeing” it clearly in your mind’s eye. These images are drawn from my (Lew Toulmin’s) background and interest in history, aviation and foreign travel; you may wish to develop images of your own that link to the name of the person. Many of these images come from or were modified from Ron White’s excellent “Black Belt Memory” course, which is recommended. The most popular names are marked on the right with a number sign (#) and the relevant ranking. WOMEN’S NAMES LINK WORDS (~272) Abby – A bee Abigail – A bee in a gale Adell – A Dell computer Alice – a lice Alexis – A Lexus sports car Allison – Allison radial engine Amanda – A Man – Duh! Not! Amy – Aiming Angie – Angie Dickenson, Policewoman Ann – Ant Anita – A knitter Annette – A net Annie – Little Orphan Annie April – A pill that is red Ashley – Ashes Audrey -- Audrey Hepburn’s cigarette holder in “Breakfast at Tiffany’s” Barbara – barbed wire #4 Beatrice – beat rice – this brings joy Becky – bucky horse Belinda – Bee that is beautiful (“linda” ) Bernadette – burn a debt (your mortgage) Bernice or Berenice -- burning ice Beth – bath Betty – Betty Crocker cakemix Beverly – Beverly hillbillies Billie – billy can Bobbie or Bobby –
  • David Lewis on Convention

    David Lewis on Convention

    David Lewis on Convention Ernie Lepore and Matthew Stone Center for Cognitive Science Rutgers University David Lewis’s landmark Convention starts its exploration of the notion of a convention with a brilliant insight: we need a distinctive social competence to solve coordination problems. Convention, for Lewis, is the canonical form that this social competence takes when it is grounded in agents’ knowledge and experience of one another’s self-consciously flexible behavior. Lewis meant for his theory to describe a wide range of cultural devices we use to act together effectively; but he was particularly concerned in applying this notion to make sense of our knowledge of meaning. In this chapter, we give an overview of Lewis’s theory of convention, and explore its implications for linguistic theory, and especially for problems at the interface of the semantics and pragmatics of natural language. In §1, we discuss Lewis’s understanding of coordination problems, emphasizing how coordination allows for a uniform characterization of practical activity and of signaling in communication. In §2, we introduce Lewis’s account of convention and show how he uses it to make sense of the idea that a linguistic expression can come to be associated with its meaning by a convention. Lewis’s account has come in for a lot of criticism, and we close in §3 by addressing some of the key difficulties in thinking of meaning as conventional in Lewis’s sense. The critical literature on Lewis’s account of convention is much wider than we can fully survey in this chapter, and so we recommend for a discussion of convention as a more general phenomenon Rescorla (2011).
  • Slaves of the State: Black Incarceration from the Chain Gang

    Slaves of the State: Black Incarceration from the Chain Gang

    • CHAPTER 2 • “Except as Punishment for a Crime” The Thirteenth Amendment and the Rebirth of Chattel Imprisonment Slavery was both the wet nurse and bastard offspring of liberty. — Saidiya Hartman, Scenes of Subjection It is true, that slavery cannot exist without law . — Joseph Bradley, The Civil Rights Cases nyone perusing the advertisements section of local newspapers such as the Annapolis Gazette in Maryland, during December 1866, wouldA have come across the following notices: Public Sale— The undersigned will sell at the Court House Door in the city of Annapolis at 12 o’clock M., on Saturday 8th December, 1866, A Negro man named Richard Harris, for six months, convicted at the October term, 1866, of the Anne Arundel County Circuit Court for larceny and sentenced by the court to be sold as a slave. Terms of sale— cash. WM. Bryan, Sheriff Anne Arundel County. Dec. 8, 1866 Public Sale— The undersigned will offer for Sale, at the Court House Door, in the city of Annapolis, at eleven O’Clock A.M., on Saturday, 22d of December, a negro [sic] man named John Johnson, aged about Forty years. The said negro was convicted the October Term, 1866, of the Circuit Court for Anne Arundel county, for; • 57 • This content downloaded from 71.114.106.89 on Sun, 23 Aug 2020 20:24:23 UTC All use subject to https://about.jstor.org/terms Childs.indd 57 17/12/2014 12:56:10 PM 58 “EXCEPT AS PUNISHMENT FOR A CRIME” Larceny, and sentenced to be sold, in the State, for the term of one year, from the 12th of December, 1866.
  • Pragmatic Reasoning and Semantic Convention: a Case Study on Gradable Adjectives*

    Pragmatic Reasoning and Semantic Convention: a Case Study on Gradable Adjectives*

    Pragmatic Reasoning and Semantic Convention: A Case Study on Gradable Adjectives* Ming Xiang, Christopher Kennedy, Weijie Xu and Timothy Leffel University of Chicago Abstract Gradable adjectives denote properties that are relativized to contextual thresholds of application: how long an object must be in order to count as long in a context of utterance depends on what the threshold is in that context. But thresholds are variable across contexts and adjectives, and are in general uncertain. This leads to two questions about the meanings of gradable adjectives in particular contexts of utterance: what truth conditions are they understood to introduce, and what information are they taken to communicate? In this paper, we consider two kinds of answers to these questions, one from semantic theory, and one from Bayesian pragmatics, and assess them relative to human judgments about truth and communicated information. Our findings indicate that although the Bayesian accounts accurately model human judgments about what is communicated, they do not capture human judgments about truth conditions unless also supplemented with the threshold conventions postulated by semantic theory. Keywords: Gradable adjectives, Bayesian pragmatics, context dependence, semantic uncer- tainty 1 Introduction 1.1 Gradable adjectives and threshold uncertainty Gradable adjectives are predicative expressions whose semantic content is based on a scalar concept that supports orderings of the objects in their domains. For example, the gradable adjectives long and short order relative to height; heavy and light order relative to weight, and so on. Non-gradable adjectives like digital and next, on the other hand, are not associated with a scalar concept, at least not grammatically.
  • Convention on the Rights of the Child

    Convention on the Rights of the Child

    Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 entry into force 2 September 1990, in accordance with article 49 Preamble The States Parties to the present Convention, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom, Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance, Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded
  • 25Th GENERAL REPORT of the CPT 25 Th GENERAL REPORT of the CPT

    25Th GENERAL REPORT of the CPT 25 Th GENERAL REPORT of the CPT

    25th GENERAL REPORT OF THE CPT 25 th GENERAL REPORT OF THE CPT THE OF REPORT GENERAL European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 1 January - 31 December 2015 French edition: 25e rapport général du Comité européen pour la prévention de la torture et des peines ou traitements inhumains ou dégradants (CPT) All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or [email protected]). All other correspondence concerning this document should be addressed to the Secretariat of the CPT (European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment) Cover and layout: Document and Publications Production Department (SPDP), Council of Europe Photographs : © Council of Europe CPT/Inf (2016) 10 © Council of Europe, April 2016 Printed at the Council of Europe Contents ACTIVITIES DURING THE PERIOD 1 JANUARY TO 31 DECEMBER 2015 5 Visits 5 Public statements 7 High-level talks with national authorities 8 Plenary meetings and activities of subgroups 9 Contacts with other bodies 10 Conference “The CPT at 25: taking stock and moving forward” 12 PUBLICATION HIGHLIGHTS 15 Introduction 15 Selected publications 16 SITUATION OF LIFE-SENTENCED PRISONERS 33 LIVING SPACE PER PRISONER IN PRISON ESTABLISHMENTS 43 ORGANISATIONAL MATTERS 47 CPT membership 47 Bureau of the CPT 48 Secretariat of the CPT 48 APPENDICES 51 1. The CPT’s mandate and modus operandi 51 2. Signatures and ratifications of the Convention establishing the CPT 52 3. The CPT’s field of operations 53 4.
  • United Nations Convention Against Corruption

    United Nations Convention Against Corruption

    04-56160_c1-4.qxd 17/08/2004 12:33 Page 1 Vienna International Centre, PO Box 500, A 1400 Vienna, Austria Tel: +(43) (1) 26060-0, Fax: +(43) (1) 26060-5866, www.unodc.org UNITED NATIONS CONVENTION AGAINST CORRUPTION Printed in Austria V.04-56160—August 2004—copies UNITED NATIONS UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna UNITED NATIONS CONVENTION AGAINST CORRUPTION UNITED NATIONS New York, 2004 Foreword Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human security to flourish. This evil phenomenon is found in all countries—big and small, rich and poor—but it is in the developing world that its effects are most destructive. Corruption hurts the poor disproportionately by diverting funds intended for development, undermining a Government’s ability to provide basic services, feeding inequality and injustice and discouraging foreign aid and investment. Corruption is a key element in economic underperformance and a major obsta- cle to poverty alleviation and development. I am therefore very happy that we now have a new instrument to address this scourge at the global level. The adoption of the United Nations Convention against Corruption will send a clear message that the international community is determined to prevent and control corruption. It will warn the corrupt that betrayal of the public trust will no longer be tolerated. And it will reaffirm the importance of core values such as honesty, respect for the rule of law, account- ability and transparency in promoting development and making the world a better place for all.
  • A Mother Jones Investigation

    A Mother Jones Investigation

    6/28/2016 My Four Months as a Private Prison Guard: A Mother Jones Investigation My Four Months as a Private Prison Guard: A Mother Jones Investigation I saw stabbings, lockdowns, and inmates and officers pushed to the edge. By By Shane Bauer | Thu Jun. 23, 2016 8:13 AM EDT Title Image: Chapter 1 http://www.motherjones.com/print 1/54 6/28/2016 My Four Months as a Private Prison Guard: A Mother Jones Investigation "Inmates Run This Bitch" Chapter 2 Prison Experiments Chapter 3 The CCA Way Chapter 4 "You Got to Survive" Chapter 5 Lockdown Chapter 1: "Inmates Run This Bitch" Have you ever had a riot?" I ask a recruiter from a prison run by the Corrections Corporation of America [1] (CCA). "The last riot we had was two years ago," he says over the phone. "Yeah, but that was with the Puerto Ricans!" says a woman's voice, cutting in. "We got rid of them." "When can you start?" the man asks. I tell him I need to think it over. I take a breath. Am I really going to become a prison guard? Now that it might actually happen, it feels scary and a bit extreme. I started applying for jobs in private prisons because I wanted to see the inner workings of an industry that holds 131,000 [3] of the nation's 1.6 million prisoners [3]. As a journalist, it's nearly impossible to get an unconstrained look inside our penal system. When prisons do let reporters in, it's usually for carefully managed tours and monitored interviews with inmates.
  • International Convention for the Protection of All Persons from Enforced Disappearance Preamble the States Parties to This Conve

    International Convention for the Protection of All Persons from Enforced Disappearance Preamble the States Parties to This Conve

    International Convention for the Protection of All Persons from Enforced Disappearance Preamble The States Parties to this Convention, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms, Having regard to the Universal Declaration of Human Rights, Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the other relevant international instruments in the fields of human rights, humanitarian law and international criminal law, Also recalling the Declaration on the Protection of All Persons from Enforced Disappearance adopted by the General Assembly of the United Nations in its resolution 47/133 of 18 December 1992, Aware of the extreme seriousness of enforced disappearance, which constitutes a crime and, in certain circumstances defined in international law, a crime against humanity, Determined to prevent enforced disappearances and to combat impunity for the crime of enforced disappearance, Considering the right of any person not to be subjected to enforced disappearance, the right of victims to justice and to reparation, Affirming the right of any victim to know the truth about the circumstances of an enforced disappearance and the fate of the disappeared person, and the right to freedom to seek, receive and impart information to this end, Have agreed on the following articles: Part I Article 1 1. No one shall be subjected to enforced disappearance. 2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.
  • Peirce, Pragmatism, and the Right Way of Thinking

    Peirce, Pragmatism, and the Right Way of Thinking

    SANDIA REPORT SAND2011-5583 Unlimited Release Printed August 2011 Peirce, Pragmatism, and The Right Way of Thinking Philip L. Campbell Prepared by Sandia National Laboratories Albuquerque, New Mexico 87185 and Livermore, California 94550 Sandia National Laboratories is a multi-program laboratory managed and operated by Sandia Corporation, a wholly owned subsidiary of Lockheed Martin Corporation, for the U.S. Department of Energy’s National Nuclear Security Administration under Contract DE-AC04-94AL85000.. Approved for public release; further dissemination unlimited. Issued by Sandia National Laboratories, operated for the United States Department of Energy by Sandia Corporation. NOTICE: This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government, nor any agency thereof, nor any of their employees, nor any of their contractors, subcontractors, or their employees, make any warranty, express or implied, or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represent that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily con- stitute or imply its endorsement, recommendation, or favoring by the United States Government, any agency thereof, or any of their contractors or subcontractors. The views and opinions expressed herein do not necessarily state or reflect those of the United States Government, any agency thereof, or any of their contractors. Printed in the United States of America. This report has been reproduced directly from the best available copy.
  • Faqs on Visiting Prison

    Faqs on Visiting Prison

    Prison Visit FAQs What should I do when I arrive? When you arrive at the prison, park anywhere in the parking lot except in the reserved spaces. Please lock your car with the windows rolled up – unlocked vehicles on TDCJ property will be towed. Vehicles are also not allowed to have the windows rolled down. Come in the front door and tell the receptionist that you are here for PEP. What should I bring with me inside the prison? Bring Car keys (and please roll up your windows all the way; this is required to park in the lot.) Driver’s license, state ID or passport. (Please bring the same ID you used to RSVP.) Do NOT Bring Cell phone, PDA or pagers (This is a felony in Texas!) Firearms or weapons – not even in the parking lot Wallet, purse or briefcase – just bring your driver’s license. No cash, coins, stamps, business cards, tobacco products, or camera Medication – if you need to take medication during your visit, please notify us so we can make appropriate arrangements Anything else not pre-approved by PEP staff NOTE: PEP will provide you with pens and notepads inside the unit, if needed. What should I wear? We are all business at PEP and that includes our attire. Extreme hair styles/colors are not allowed by TDCJ as is jewelry worn on facial areas (nose, eyebrows or tongue). If you have questions please visit TDCJ’s website and review their Handbook for Volunteers. Dress code as well as other matters are addressed there. The dress code is business professional.