Article 9 of the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...

provides a right to

freedom of thought Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency by ...

, conscience, and

religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...

. This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "

necessary in a democratic society __NOTOC__ "Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democra ...

Article text

History

* was a principle of European

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

, beginning in the 16th century in the wake of the

Protestant reformation The Reformation (alternatively named the Protestant Reformation or the European Reformation) was a major movement within Western Christianity in 16th-century Europe that posed a religious and political challenge to the Catholic Church and in ...

, that established freedom of religion for states, but not individuals. *The

First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...

was one of the first legal protections for freedom of religion without reference to any specific religion. *Article X of the French

Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...

, which influenced the European Convention, declares freedom of religious opinion as a universal right.

Case law

*European Court of Human Rights: **''

Buscarini and Others v. San Marino ''Buscarini and Others v. San Marino'' (application No. 24645/94) was a case decided by the European Court of Human Rights in 1999. Facts The applicants, Cristoforo Buscarini and Emilio Della Balda, were elected to the General Grand Council (the ...

'' (requirement of religious oaths for public office not permitted) **''

Kokkinakis v. Greece ''Kokkinakis v. Greece'' (application No. 14307/88) is a landmark case of the European Court of Human Rights, decided in 1993 and concerning compatibility of certain sanctions for proselytism with Articles 7 and 9 of the European Convention on Huma ...

'' (criminalization of proselytism, as defined in Greek law, permitted) **'' Leyla Şahin v. Turkey'' (university ban on Islamic headscarf permitted) **'' Pichon and Sajous v. France'' (no right to refuse supply of contraceptives on religious grounds) **''

Leela Förderkreis E.V. and Others v. Germany ''Leela Förderkreis e.V. and Others v. Germany'' (application No. 58911/00) was a case decided by the European Court of Human Rights in 2008. Facts The applicants were religious or meditation associations belonging to the Osho movement. As part ...

'' (regarding state information campaigns about a religious movement) **''

Universelles Leben e.V. v. Germany ''Universelles Leben e.V. v. Germany'' (application No. 29745/96) was a case decided by the European Commission of Human Rights in 1996. Facts ''Universelles Leben'', the German branch of Universal Life, filed a request in German court for an i ...

'' (regarding state information campaigns about a religious movement) **''

Lautsi v. Italy ''Lautsi v. Italy'' was a case brought before the European Court of Human Rights, which, on 18 March 2011, ruled that the requirement in Italian law that crucifixes be displayed in classrooms of schools does not violate the European Convention on H ...

'' (legal requirement to display a crucifix in school classrooms permitted) **''

S.A.S. v. France ''S.A.S. v. France'' was a case brought for the European Court of Human Rights which ruled that the French ban on face covering did not violate European Convention on Human Rights's (ECHR) provisions on right to privacy or freedom of religion, nor ...

'' (French ban on face coverings permitted) **'' Osmanoğlu and Kocabaş v. Switzerland'' (permitted to require children to participate in mixed swimming lessons and enforce this through fines) *High Court of England and Wales: **'' Connolly v DPP'' (no ground for appeal under Article 9 against conviction for sending indecent or grossly offensive material, namely images of aborted foetuses)

Literature

*''Murdoch J.'
Freedom of thought, conscience and religion. A guide to the implementation of Article 9 of the European Convention on Human Rights
Strasbourg, Council of Europe, 2007
Freedom of religion
a factsheet of ECtHR case law
The Protections for Religious Rights: Law and Practice
a textbook on Article 9 and international law on the right to freedom of thought, conscience and religion {{Articles of the European Convention on Human Rights 9

Article text

History

Case law

See also

Literature