State Neutrality and Legal Status of Religious Groups in the European Court of Human Rights Case-law
From the premise of religious freedom, the European Court of Human Rights (ECtHR) case-law has established a State duty of neutrality concerning religious matters. However, the concept of neutrality is not univocal, and the ECtHR uses various different forms of it. States have a duty to allow religi...
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| Type de support: | Électronique Article |
| Langue: | Anglais |
| Vérifier la disponibilité: | HBZ Gateway |
| Journals Online & Print: | En cours de chargement...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Publié: |
Brill, Nijhoff
2016
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| Dans: |
Religion and human rights
Année: 2016, Volume: 11, Numéro: 3, Pages: 189-223 |
| Sujets non-standardisés: | B
RELIGIOUS groups
legal status
legal personality
European Convention on Human Rights (echr)
European Court of Human Rights (ECtHR)
religious freedom
freedom of association
state religion
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| Accès en ligne: |
Volltext (Verlag) |
| Résumé: | From the premise of religious freedom, the European Court of Human Rights (ECtHR) case-law has established a State duty of neutrality concerning religious matters. However, the concept of neutrality is not univocal, and the ECtHR uses various different forms of it. States have a duty to allow religious groups access to legal personality, but they are not obliged to grant every religious group the same kind of legal personality. A double or multi-level system of recognition is legitimate under the European Convention on Human Rights (echr) if some conditions are fulfilled. The ECtHR has also affirmed that the most radical kind of double or multi-level system, that of an established church, is not contrary to the Convention. In a recent case, however, the ECtHR seems to have adopted a stricter approach to the legitimacy of privileges granted to some church/churches above other ones. |
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| ISSN: | 1871-0328 |
| Contient: | In: Religion and human rights
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| Persistent identifiers: | DOI: 10.1163/18710328-12341305 |