Freedom to show religious beliefs

Question 1

What does article 9(1) say?

Answer 1

Everyone has the right to freedom of thought ,conscience, religion which is internal
To show their religion or belief which is external
And can express thoughts - art 10

Question 2

What does article 9(2) exclude?

Answer 2

Freedom to show beliefs shall only be subject to limitations that are prescribed by law.
And necessary in a democratic society in interests of public safety, protection of public order, health or morals and protection of rights or freedoms of others.

Question 3

punnish Christian children case

describe the significance and what happened

Answer 3

Significance was the restriction prescribed by law? Yes eaducation act 1996
Legitimate aim? Yes rights of others
Necessary in a democracy? Yes protecting children against physical violence.
Parents wanted their children punished by belt as this was part of their beliefs art9

Question 4

Med student wanted to wear headdress case

Describe significance

Answer 4

Sahin v turkey 
Legitimate aim of protecting rights of others
Necessary in democratic society 
Within margin of appreciation of state 
No violation

Question 5

High school case

Describe

Answer 5

R begum v goveners of Denbigh high school
School banned full length dress.
Courts will now look at options of other schools if they deny her this one eg how easy other options are.
Justified under art 9(2)

Question 6

Not allowed to wear things covering face France case

Answer 6

S.a.s v France
Continuing interference but justified
Frances defence “respect for minimum set of values for an open and democratic society “
Gender equality- held no as it cannot be invoked to support ban when some women wish to choose the practice.
Human dignity- no. Expression of cultural identity. No evidence wearers intend to offend others.

Question 7

Case of ba clerk and nurse

Answer 7

Eweida and others v uk
Ba clerk no encroachment on rights of others.
Nurse no breach health and safety risk of pulling necklace on neck.

Question 8

Baking case

Answer 8

Lee v Ashers baking

All or none approach.