Freedom of religion and expression
8 important questions on Freedom of religion and expression
9 ECHR; internal aspect scope
People have the freedom of thought, conscience and religion which also includes the right to change religious beliefs.
- unconditional and absolute
- states can only limit external expressions of thought, conscience and religion
this guarantees that a state may never interfere in the most intimate and inner sphere. It prohibits indoctrination and sanctions that come with this.
9 ECHR; external aspect scope
- this freedom does not refer to the freedom of expression
- the concept of 'religion' and 'belief' need to be interpreted broadly
- not every opinion, conviction or reverence is regarded as such
- cogency, seriousness, cohesion and importance -> CJEU Eweida §81
- does not cover each act that is done out of religion or belief
Freedom of religion; interference
- negative -> stay out of the forum internum
- positive -> guarantee that people can manifest and practice their beliefs/religion
Circumventing a limitation -> CJEU Eweida and others §83
- there needs to be considered whether or not the restriction is proportionate
- Higher grades + faster learning
- Never study anything twice
- 100% sure, 100% understanding
For my 1st exam I got a C. Then, I started looking for ways to learn better and I came across Study Smart. Since then I have scored a A+, A, A- and another A. I highly recommend it to everyone who wants to hear it. I am so happy with it!!
I was struggling to finish all my first-year subjects for 3 years. Then I discovered Study Smart, which helped me to finish all of them within 3 months.
Because of StudySmart, things are going well in many ways. Before, I always had study stress and no time for anything. Now I feel calm and confident (because of the program). I used to score a B, now I usually score an A or A+.
Hey Chris, I really want to thank you very much for developing the platform, I usually got around C for my exams, now I scored an A+, an A and a A- !!
Since using Study Smart, my average has increased significantly. I even completed a statistics course with a A+ while I'm bad at statistics. I took on extra courses this year, because of Study Smart. Thanks so much!
Ever since I started studying with StudySmart I passed all my exams !!! No more re-sits!! At first, I was happy with a pass and now I only get good grades. Many thanks!
I aced all the courses I studied with Study Smart. For law, I first scored a D, and now an A! I’m 100% sure that I’ll pass all the courses I study with Study Smart.
I always thought I studied well. My grades were fine. I could never have imagined that applying these study skills would have such a huge and direct impact on my grades, my speed and the pleasure I have in learning.
For the first time, I finally feel totally confident about the way I learn. I have the perfect overview and make great progress in terms of speed and the grades I get. Thanks, Chris!
I immediately started to enjoy learning again, and my grades soared. All of a sudden, everything went better. I highly recommend Study Smart to all students..
Being able to create my materials online made the process of studying so much smoother and quicker. I no longer have to spend a huge amount of my time on creating my summaries.
At first, my notes were a mess. Now I use Study Smart to take my notes in a perfectly structured way. It helps me to save a lot of time and do other things I enjoy.
Students that study with Study Smart get better grades. The system applies all the learning methods in such a way that both well-performing students and students who struggle perform much better.
Hi Chris, I would like to thank you very much. Last year I scored C on a course, and this year I got an A+ thanks to your method! Thank you very much!
The largest effect is that my child is more enthusiastic about school! Every parent wants their children to be happy at school, Study Smart made it happen.
In high school, I failed several exams, and that has really changed now. I actually needed this tool very much back then. Since I started studying with StudySmart, I haven't had any D's. My average score is now an A and those are results I would have never had in the past
With my old method, I passed only 3 out of 8 courses. Since I started taking my notes digitally in Study Smart, I have passed all my courses on the first try. For me, StudySmart takes away the stress of wondering if I will pass or not.
Thanks to StudySmart, I passed all my exams, and with better grades than before! On top of that, I have mastered a very good study method now, which I am confident will help me earn my degree.
Freedom of religion; justification
- prescribed by law
- necessary in a democratic society
- legitimate aim
Freedom of expression; the law
art. 11 CFR
Freedom of expression; scope
However, this does not exclude the possibility that certain categories may not be covered by the protection or art. 10 ECHR
- offensive/lewd/obscene speech may not be covered
There is a strong emphasis on the way the opinions and ideas are expressed
- many ways are protected
Also the right to request information:
- purpose of the request
- nature of the information sought
- ready and available?
- role of the applicant
Freedom of expression; justification
- Prescribed by law
- necessary in a democratic society
- ECtHR Gough v. UK §167 e.v.
- prevent attacks/ offensive with a public interest/ etc.
- legitimate aim
Factors into play
- public debate v. curiosity
- public v. private person
- public figure doctine
- preventive v. Repressive measure
- aim
- nature of expression
- modality
- chilling effect
Horizontal effect ECHR; fair balance test
Individuals interest is weighed against the governments interest.
ECtHR Eweida and others
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
- 100% sure, 100% understanding
