Freedom of Religion: An Ambiguous Right in the Contemporary European Legal Order

Description

In most European societies today, religion and questions about religion are increasing in relevance and importance. This development can be explained in several ways, for example by continuous demographic changes and new societal standards and values. As a consequence, the debate on the interpretation and scope of the right to freedom of religion has intensified in politics, media and, of course, law. The right to freedom of religion is complex and varies within different legal contexts at the international, European and national levels. This has resulted in a right that is ambiguous and sometimes difficult for individuals to claim and for states to assert. This book presents a variety of perspectives on the concept of freedom of religion in different European countries against the background of the European Convention on Human Rights, the EU Charter of Fundamental Rights and other international treaties. It contains contributions from leading legal scholars working in these fields in Sweden, the Nordic countries and wider Europe. Preface Contents List of Contributors Table of Cases Table of Legislation Part I 1. Religion and Human Rights Ambiguities and Ambivalences of Freedom I. Introduction II. Navigating Spaces of Anxiety III. Shaking the Cage IV. Responding to the Challenges of Legal Governance of Religion V. Concluding Remarks 2. Freedom of Religion in Sweden from a Historical Perspective I. Introduction II. Current Regulations III. Religious Communities and Protections of the Individual - Protection of Privacy IV. Concluding Remarks 3. The Significance of Religion for Swedish Labour and Social
Legislation I. Overture II. Sources of the Law on Religion III. The Judiciary and Religion IV. Working Time V. The Duty to Work. Work Tasks. Conscientious Objections VI. Religious Dress and Ornaments at Places of Work VII. Employment Policy Programmes and Employment Policy Measures VIII. The Social Security System at Large IX. Collective Labour Law X. Concluding Remarks. Religion and Swedish Society in the Post-World War II Period Addendum Part II 4. EU Law and Religion: Protecting a Privileged Position for Majority Faiths? I. Introduction II. Relevance of Religion to EU Law III. The Union's Secularism IV. Law-making: Indirect Influence by Reformatting as Culture V. Maintaining, but Limiting, Existing Privilege VI. Impossibility of Neutrality 5. What's in a Scarf? On the Ripple Effect of the ECtHR's Case Law I. Introduction II. The Starting point – Dahlab v Switzerland III. The First Ripples – Case Law Referring to Dahlab v Switzerland IV. A Second Set of Ripples – Expanding the Margin of Appreciation V. An All-inclusive Approach? VI. To Sum Up - Where Are We Today? VII. The Final Ripples? Some Concluding Remarks 6. The Freedom of Religion in Relation to Other Human Rights I. Introduction II. Human Rights and Fundamental Freedoms III. Freedom of Expression IV. The Freedom of Assembly and the Right to Demonstrate V. Concluding Remarks 7. ‘… And in Community with Others …’ I. Introduction II. Right to an Autonomous Existence under Article 9 ECHR III. Religious Organisations Acting as Employers under the ECHR IV. EU Discrimination Law and its Special Legal System for Religious Organisations V. Concluding Discussion 8. Freedom of Religion: Conscience, Dignity and the Construction of Identity I. Introduction II. Religion, Dignity and Conscience III. From Principle to Practice - Assessing the ECtHR IV. Religion, Security and Identity V. Flanders: Securitisation of Religion VI. Conclusion Part III 9. Ban on Faith-based Schools? I. Introduction II. The Right to Education According to the European Convention III. ‘No Persons shall be Denied the Right to Education’ IV. Respect for the Convictions of the Parents V. Right to Establish a Private School VI. Possibility of Requiring Non-Faith-Based Education? VII. Summary 10. The Swedish Education System and its Challenges in a Multicultural Society I. Introduction II. The Value System of the Swedish Education System III. Religious Clothing in Swedish Schools IV. The Best Interests of the Child V. Proportionality Tests VI. Final Remarks 11. Religious Refusals in Health Care as a Matter of Freedom of Religion I. Introduction II. The Regulation of Conscience Clauses and Sweden's Standpoint III. The Grimmark case in the Swedish Labour Court IV. Article 9 ECHR and the Jurisprudence on Religiously-based Refusals V. Conclusion 12. Understanding Religion: A Portal to the Past or the Key to the Future? I. Introduction II. Opportunities or Challenges – A Way of Thinking III. The Freedom of Religion – A Tiger Without Teeth IV. Interpretation is a Highly Important Task – But By Whom and For Whom? V. Defining Democracy – A Serendipity Moment Index