The European Court of Human Rights: fundamental assumptions that have a chilling effect on the protection of religious diversity

Abstract

The chapter critically examines the European Court of Human Rights' (ECtHR) treatment of religious diversity, with a focus on its interpretations of Article 9 of the European Convention on Human Rights, which protects freedom of thought, conscience, and religion. The text argues that the ECtHR's decisions have often prioritized secularism and public order over pluralism and individual religious expression, particularly in cases involving Islam. This approach is seen as undermining the values of diversity and inclusion that are fundamental to a democratic society. This contribution is part of the book that focuses on the experiences of expert commissions in the UK, France, Quebec and Belgium. Furthering the debate on commissions’ potential and limitations it draws on the first-hand experiences and introspection of former commission members and close observers, along with outside perspectives and critique from independent scholars. In several Western countries, expert commissions composed of academics, public figures, politicians and community organisers have been established by governments or civil society to reflect on the changes and challenges of an increasingly plural society. Commission recommendations on how to ‘manage’ diversities successfully have shaped national narratives and affected law and public policies, yet research on the workings of such commissions remains rare.

Building on its companion volume (Public Commissions on Cultural and Religious Diversity: Analysis, Reception and Challenges), this book engages with core concepts of identity, nationality, citizenship, freedom, equality and accommodation. It will appeal to researchers and students of public policy, sociology, anthropology, law, religion, politics, history and migration studies, as well as policymakers and anyone with a general interest in current debates on ethnic, cultural and religious diversity.