Article 9: Freedom of Conscience & Religion

Question 1

Is Article 9 qualified?

Answer 1

Yes

By Article 9(2)

One may only manifest subject to limitations which are prescribed by law

Question 2

Definition of Religion

Answer 2

Convention does not define the terms - ECtHR does so

Eweida v. UK
“that attain a certain level of cogency, seriousness, cohesion and importance”

Protects all mainstream religious beliefs, but also an expansive approach

Certain non-religious beliefs protected too
Arrowsmith v. UK

BUT not all convictions or opinions constitute beliefs
Pretty v. UK