Freedom of Religion: An Ambiguous Right in the Contemporary European Legal Order

✍ Scribed by Hedvig Bernitz (editor), Victoria Enkvist (editor)

• Publisher: Hart Publishing
• Year: 2020
• Tongue: English
• Leaves: 225
• Series: Swedish Studies in European Law, 14
• Category: Library

✦ Synopsis

In most European societies today, religion and questions about religion are increasing in relevance and importance. This development can be explained in several ways, for example by continuous demographic changes and new societal standards and values.

As a consequence, the debate on the interpretation and scope of the right to freedom of religion has intensified in politics, media and, of course, law. The right to freedom of religion is complex and varies within different legal contexts at the international, European and national levels. This has resulted in a right that is ambiguous and sometimes difficult for individuals to claim and for states to assert.

This book presents a variety of perspectives on the concept of freedom of religion in different European countries against the background of the European Convention on Human Rights, the EU Charter of Fundamental Rights and other international treaties. It contains contributions from leading legal scholars working in these fields in Sweden, the Nordic countries and wider Europe.

✦ Table of Contents

Preface
Contents
List of Contributors
Table of Cases
Table of Legislation
Part I
1. Religion and Human Rights Ambiguities and Ambivalences of Freedom
I. Introduction
II. Navigating Spaces of Anxiety
III. Shaking the Cage
IV. Responding to the Challenges of Legal Governance of Religion
V. Concluding Remarks
2. Freedom of Religion in Sweden from a Historical Perspective
I. Introduction
II. Current Regulations
III. Religious Communities and Protections of the Individual - Protection of Privacy
IV. Concluding Remarks
3. The Significance of Religion for Swedish Labour and Social
Legislation
I. Overture
II. Sources of the Law on Religion
III. The Judiciary and Religion
IV. Working Time
V. The Duty to Work. Work Tasks. Conscientious Objections
VI. Religious Dress and Ornaments at Places of Work
VII. Employment Policy Programmes and Employment Policy Measures
VIII. The Social Security System at Large
IX. Collective Labour Law
X. Concluding Remarks. Religion and Swedish Society in the Post-World War II Period
Addendum
Part II
4. EU Law and Religion: Protecting a Privileged Position for Majority Faiths?
I. Introduction
II. Relevance of Religion to EU Law
III. The Union's Secularism
IV. Law-making: Indirect Influence by Reformatting as Culture
V. Maintaining, but Limiting, Existing Privilege
VI. Impossibility of Neutrality
5. What's in a Scarf? On the Ripple Effect of the ECtHR's Case Law
I. Introduction
II. The Starting point – Dahlab v Switzerland
III. The First Ripples – Case Law Referring to Dahlab v Switzerland
IV. A Second Set of Ripples – Expanding the Margin of Appreciation
V. An All-inclusive Approach?
VI. To Sum Up - Where Are We Today?
VII. The Final Ripples? Some Concluding Remarks
6. The Freedom of Religion in Relation to Other Human Rights
I. Introduction
II. Human Rights and Fundamental Freedoms
III. Freedom of Expression
IV. The Freedom of Assembly and the Right to Demonstrate
V. Concluding Remarks
7. ‘… And in Community with Others …’
I. Introduction
II. Right to an Autonomous Existence under Article 9 ECHR
III. Religious Organisations Acting as Employers under the ECHR
IV. EU Discrimination Law and its Special Legal System for Religious Organisations
V. Concluding Discussion
8. Freedom of Religion: Conscience, Dignity and the Construction of Identity
I. Introduction
II. Religion, Dignity and Conscience
III. From Principle to Practice - Assessing the ECtHR
IV. Religion, Security and Identity
V. Flanders: Securitisation of Religion
VI. Conclusion
Part III
9. Ban on Faith-based Schools?
I. Introduction
II. The Right to Education According to the European Convention
III. ‘No Persons shall be Denied the Right to Education’
IV. Respect for the Convictions of the Parents
V. Right to Establish a Private School
VI. Possibility of Requiring Non-Faith-Based Education?
VII. Summary
10. The Swedish Education System and its Challenges in a Multicultural Society
I. Introduction
II. The Value System of the Swedish Education System
III. Religious Clothing in Swedish Schools
IV. The Best Interests of the Child
V. Proportionality Tests
VI. Final Remarks
11. Religious Refusals in Health Care as a Matter of Freedom of Religion
I. Introduction
II. The Regulation of Conscience Clauses and Sweden's Standpoint
III. The Grimmark case in the Swedish Labour Court
IV. Article 9 ECHR and the Jurisprudence on Religiously-based Refusals
V. Conclusion
12. Understanding Religion: A Portal to the Past or the Key to the Future?
I. Introduction
II. Opportunities or Challenges – A Way of Thinking
III. The Freedom of Religion – A Tiger Without Teeth
IV. Interpretation is a Highly Important Task – But By Whom and For Whom?
V. Defining Democracy – A Serendipity Moment
Index