Freedom of Religion or Belief in the European Convention on Human Rights: A Reappraisal

Caroline K. Roberts challenges the classic approach to the right to freedom of thought, conscience, and religion in Article 9 of the European Convention on Human Rights (ECHR) by arguing that there is no clear binary and hierarchical distinction between the internal and external aspects of this right. The ECtHR's nuanced and holistic approach to Article 9 protection reflects the interrelated nature of the internal and external aspects.

Format: Hardback
Length: 256 pages
Publication date: 23 November 2023
Publisher: Cambridge University Press

The right to freedom of thought, conscience, and religion, as enshrined in Article 9 of the European Convention on Human Rights (ECHR), has gained increasing prominence and scrutiny in recent years. In her comprehensive examination of Article 9, its drafting history, and the related jurisprudence of the European Court of Human Rights (ECtHR), Caroline K. Roberts challenges the traditional approach to this fundamental right in the literature. Roberts argues that claims that there exists a clear binary and hierarchical distinction between the absolutely protected internal realm and the qualified external realm within this right are not supported by the text or jurisprudence. Instead, the primary materials suggest that the internal and external aspects of this right are intricately interconnected, a finding reflected in the ECtHR's nuanced and holistic approach to the protection of Article 9.

This comprehensive, rigorous, and up-to-date reappraisal of Article 9 and the related ECtHR jurisprudence will be of vital importance to academics and practitioners alike. It provides a valuable insight into the evolving understanding and interpretation of this fundamental human right, and its implications for individuals and societies across Europe.

In conclusion, Caroline K. Roberts' work on Article 9 of the ECHR is a groundbreaking contribution to the field. Through her meticulous analysis and insightful arguments, Roberts challenges the traditional understanding of this right and presents a fresh perspective that emphasizes its interconnectedness with the internal and external aspects of human existence. This book will be an essential resource for scholars, policymakers, and advocates seeking to understand and promote the protection of freedom of thought, conscience, and religion in Europe and beyond.

Weight: 536g
Dimension: 158 x 237 x 24 (mm)
ISBN-13: 9781009233644