Recognizing religious minority rights: a key tool to managing pluralism in the European Court of Human Rights

Abstract

The article examines how the European Court of Human Rights (ECtHR) engages with the rights of religious minorities within the framework of the European Convention on Human Rights (ECHR). Despite the absence of explicit provisions for minority rights in the ECHR, the Court has navigated this gap by leveraging the principles of pluralism and diversity. The analysis reveals a complex interplay between individual and group rights, highlighting both the progress and limitations in the ECtHR's jurisprudence.

The author introduces a theoretical framework to categorize religious minority rights, emphasizing the intrinsic and collective dimensions of these rights. The article critiques the ECtHR for inconsistent rulings, particularly when religious expressions conflict with state interests such as secularism or public order. Furthermore, it underscores the challenges of balancing individual autonomy with the collective identity of religious groups. By dissecting key rulings, the article exposes the Court's struggles with protecting "uncomfortable diversities," such as Islamic practices, while upholding democratic values. The article concludes by advocating for a more empathetic and pluralistic approach in adjudicating religious minority rights. It calls for the ECtHR to transcend stereotypes and abstract principles, fostering a legal landscape that values diversity and inclusivity as pillars of a democratic society. This shift, the author argues, is essential for respecting the rights and dignity of all, and for achieving a genuine coexistence of plural identities in Europe.