Article 9 Flashcards
What is Article 9?
The absolute right to hold and change religion or belief
What is the basic structure of Art 9?
a. The freedom of thought, conscience and religion and
b. to change religion or belief.
c. Manifestation of belief or religion
What is protected under A and B?
It has absolute protection, states are not allowed to enforce particular ideologies or religions on their population
It is the hallmark of a democratic, pluralistic and tolerant society
Different beliefs are readily accepted by the Courts
What are some examples of interference under part A and B?
Refusal to register religious groups
Preventing worship
Imposing a belief on individuals through coercion
What is protected under C?
Qualified right, can be justified under 9(2)
Manifestation must be intrinsically linked to the belief
Can be difficult to prove and less readily accepted by Courts than a belief itself
Only subject to limited that are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of rights and freedoms of others
What are examples of what’s protected under C?
Wearing religious clothing/religious symbol
Taking an action which is intrinsically linked to your belief (praying)
What is a case study that shows us that States cannot interfere with the absolute right to hold or change a belief?
Ivanova v Bulgaria (2009)
Are churches capable of exercising Article 9 rights? Case?
Yes they can. As long as they are not a profit-making corporation.
Church of Bessarabia v Moldova (2002)
What does Section 13 HRA tell us about religion? Case?
It asks the courts to have particular regard to the importance of freedom of religion when deciding cases that may have impact on the exercise of the right.
KH v Secretary of State for the Home Department [2016]
What are the requirements for a belief to be protected? Case for both?
The belief must attain a certain level of cogency, seriousness, cohesion, and importance (Eweida v UK 2013)
The belief itself must be one which may be considered as compatible with respect for human dignity- must be deemed worthy of protection in European democratic society (Campbell and Cosans v the United Kingdom 1982)
What does the Equality Act 2010 say regarding protected beliefs? Case?
Grainger v Nicholson (2010)
In context of discrimination:
1. The belief must be genuinely held
2. It must be a belief and not an opinion or viewpoint on the present state of information available
3. It must be a belief as to a weighty and substantial aspect of human life and behaviour.
4. It must attain a certain level of cogency, seriousness, cohesion and importance.
5. It must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others
What is the main case talking about protection for non-religious belief
R (on the application of Williamson) v Secretary of State for Education and Employment (2005)
What are the accepted beliefs under Art 9?
Religion: Buddhism, Christianity, Hinduism, Islam etc.
Non religious beliefs- Pacificism, Conscientious objectors, attachment to secularism, veganism, temperance, climate change etc.
Is the fear of catching covid-19 a protected belief under the Equality Act 2010?
No- as shown in X v Y (2020)
What is manifestation?
Manifestation implies a perception on the part of adherents that a course of activity is in some manner prescribed or required
Action must be a direct expression of the belief, though it need not be a definite, universally acknowledged, requirement.
