Blog

Freedom of Religion and Belief in Turkey

Ozgur Cinar - 10th January 2014

One of the fundamental values of a democratic society is the freedom of thought, conscience and religion. From this freedom derive the concepts of pluralism, tol­erance and open-mindedness; hallmarks of a democratic society. In its religious dimension, it is a vital element of the identity of believers and their conception of life, but it is […]

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Malaysia’s Dangerous Path Towards “Allah”

Ayesha Malik - 19th December 2013

The Malaysian Court of Appeal has ruled recently that the word “Allah” falls unreservedly within the Muslim faith, precluding the Catholic Church in the country from using the term in its newsletter, The Herald. The appeal, which was led by the Attorney General of Malaysia on behalf of the Malaysian Government, emanated from a 2009 […]

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Religious Freedom: A 21st Century Paradigm

Brian Grim - 7th December 2013

The Pew Research Center’s studies on global restrictions on religion have played a role in shifting discussion from the 20th century paradigm of religious freedom, which focused primarily on the types of government restrictions seen in communist countries, to a 21st century paradigm that recognizes that the actions of societal groups can affect religious freedom […]

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Taking Conscience Seriously

Ronan McCrea - 26th November 2013

Ladele (see previous posts) exemplifies an important public debate: has the embrace of gay equality by the liberal state become oppressive towards free conscience rights?   The legalization of gay marriage is troubling for many and the extension of anti-discrimination norms to cover sexual orientation may force many into painful dilemmas as to how they reconcile […]

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Proportionality analysis after Eweida and Others v. UK: Examining the Connections between Articles 9 and 10 of the ECHR

Julie Maher - 21st June 2013

Until recently, questions regarding the theory and practice of the proportionality analysis in relation to the application of Article 9 of the ECHR to individuals were largely redundant. The European Court of Human Rights (ECtHR) rarely viewed state actions towards religious citizens as constituting an interference with Article 9. It was only in 1993 that […]

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R (Hodkin): A Signal to Rethink Religious Worship

Guest Contributor - 20th January 2013

By Ilias Trispiotis In R (on the application of Hodkin) v Registrar General of Births, Deaths and Marriages [2012] EWHC 3635 the High Court acknowledged that a broader definition of worship should be part of the future judicial agenda. That could be a positive step, especially vis-à-vis non-theistic religions. The case arose when a couple […]

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Religious Rights in the Balance: Eweida and Others v UK

Julie Maher - 16th January 2013

Yesterday’s decision of the European Court of Human Rights in Eweida and Others v the UK has been described as something of a ‘mixed bag’. By a margin of 5 votes to 2 the Chamber ruled that Article 9 of the European Convention had been infringed where a private company refused to allow a Christian employee to wear […]

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Eweida, Chaplin, Ladele and McFarlane v the United Kingdom: A Primer

Julie Maher - 12th January 2013

On Tuesday 15 January the European Court of Human Rights will give judgement on the applications of four Christian employees who contend that UK law fails to adequately protect their Convention rights. The facts of the case are available in greater detail elsewhere, and have already generated widespread commentary, (see for example here, here, and here). The National Secular Society and the Equality and […]

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