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
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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
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