Κατεύθυνση Δημόσιο Διεθνές Δίκαιο
Library of the School of Law

2019-02-18

2019

Trivyza Ourania

Γεώργιος Κυριακόπουλος, Επίκουρος Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Ελένη Διβάνη, Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ
Φωτεινή Παζαρτζή, Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ

Η Θρησκευτική ελευθερία στο Δημόσιο Διεθνές Δίκαιο

Greek

Religious freedom in Public International Law

This study attempts to outline on the first part, the status of protection of religious freedom as enshrined in the Universal Declaration of Human Rights, the Covenant on Political and Social Rights, the European Convention on Human Rights, the American Convention on Human Rights and the African Convention Charter of Human Rights and Peoples, to highlight individual concepts of the right and to reflect the positive aspect of the right in the sense of the obligations deriving from in it and in particular ensuring religious freedom by the state for religious communities and organizations. It turns out that when one is removed from the belief in a religion or religious belief and he claims that his behavior is due to his conscience, he finds it difficult to recognize that his right to freedom of thought, conscience and religion has been violated. Religious communities and organizations not belonging to the dominant or majority religion also face obstacles to registration, recognition of legal personality and the acquisition of places of worship by national authorities. However, international human rights mechanisms tend to recognize that national authorities are failing to meet the relevant obligations to the above religious communities and organizations and find a violation of their religious freedom. On the second part, it attempts to highlight religious freedom in its negative aspect by pointing out the limitations on individual aspects of the right that may lead to abuse of rights either by individuals or by the state and the limits of religious freedom in relation to other rights are enshrined in the international legal order. Initially, proselytism, the obligation of religious orthodoxy and religion in public documents, then the boundaries between religious freedom and fulfillment of military obligations, the boundaries of religious freedom in the form of religious symbols and ambivalence in the public sphere, the limits of religious freedom education and work, and finally the boundaries between religious freedom and freedom of expression and the boundaries between freedom of religion and freedom of assembly and u association. In particular, with regard to proselytism and the obligation of religious orthodoxy, international protection mechanisms appear to have consolidated their case-law by establishing in the first case a violation of religious freedom in the event of a conviction for proselytism not justified by the national courts and in the second case it is possible to give another oath without revealing the beliefs of what is to swear. However, the boundaries of religious freedom in the public sphere, education and work remain unclear, especially in relation to the recent emerging issues relating to the religious confusion of believers in the modern, neutral secular state. A total ban on religious amphibiousness in the public space, instead of leading to the strengthening of the secular state and the integration of every person living in it, can bring about the opposite effects. It can lead to circumvention of rights other than religious freedom and freedom of expression, privacy and non-discrimination, and the marginalization and encumbrance of part of the state's population. The above are primarily searched through the case law of the European Court of Human Rights, due to the size of the Court's exercise of this right, the decisions and general remarks of the Commission on Human Rights and the decisions of the Inter-American Court of Human Rights.

Law and Legislation

Religious freedom, ECHR, International documents, ECHR case law, Religious communities, Orthodoxy, Proselytism, Public sphere, Religious symbols, Religious teaching, Education, Parents' beliefs, School program, burka

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https://pergamos.lib.uoa.gr/uoa/dl/object/2863185