article 9

Question 1

what is art 9

Answer 1

• freedom of thought conscience and religion
• Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
  2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and 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 the rights and freedoms of others.

Question 2

eweida v UK 2013

Answer 2

The court suggested that an individual’s decision to seek employment and responsibilities that will knowingly have an impact on his or her freedom to manifest his or her religious belief is not determinative when considering whether there has been an interference with Article 9 rights. The court further held that there was no breach of Article 9 arising out of the absence of domestic legal provisions specifically regulating the wearing of religious clothing and symbols in the workplace

Question 3

HOLDING VS MANIFESTING A BELIEF
williamson v ss education and employment 2005

Answer 3

The Court of Appeal unanimously confirmed that Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (European Convention) is not violated by a statutory provision banning corporal punishment in schools, even where those schools are organised around a Christian ethos based on a belief in the necessity of physical correction of children. While the Court of Appeal did not depart from the interpretation of Article 9(1) advanced by the European Court of Human Rights (European Court), it did take the strictest possible view of the case-law, and thereby gave a restrictive interpretation of the scope of freedom of conscience and religion. The court did not hear argument on Article 9(2) of the European Convention, concerning reasonable limitations to freedom of conscience and religion. In failing to address this issue, however, the court failed to consider issues of children’s rights which are essential to any discussion of corporal punishment policies

Question 4

begum 2006 UKHL 15

Answer 4

Lord Bingham: However, if it appears that a public authority had “conscientiously paid attention to all human rights considerations, no doubt a challenger’s task will be the harder”
The right to manifest a belief is a qualified right, unlike the right to hold a belief which is an absolute right: [20]