Religion and belief - article 9

Question 1

what does section 1 of article 9 say?

Answer 1

Everyone has the right to freedom of thought, conscience and religion; this right includes the 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

Question 2

what does section 2 say?

Answer 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 3

what is protected under article 9? - and what kind of protection do they have?

Answer 3

• freedom of thought, conscience and religion and to change religion or belief (absolute protection)
• manifestation of belief or religion (qualified right)

Question 4

what can states not interfere with?

Answer 4

the absolute right to hold or change a belief

Question 5

who may be capable of exercising article 9 rights?

Answer 5

churches and associations with religious and philosophical objects

Question 6

who cannot rely on article 9 rights?

Answer 6

profit making corporations

Question 7

what are the two requirements that a belief must satisfy to be accepted within the scope of article 9?

Answer 7

1. The belief must “attain a certain level of cogency, seriousness, cohesion and importance”
2. The belief itself must be one which may be considered as compatible with respect for human dignity.

Question 8

what must the belief be to be in the scope of article 9 according to Grainger v Nicholson?

Answer 8

• belief must be genuinely held
• it must be a belief and not an opinion or viewpoint based on the present state of information available
• must be a belief as to a weighty and substantial aspect of human life and behaviour
• must attain a certain level of cogency, seriousness, cohesion and importance
• must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others

Question 9

what are the accepted religions?

Answer 9

Buddhism
Christianity
Hinduism
Islam
Judaism
Sikhism
Mormonism
Druid ceremony
Rastafarianism

Question 10

what are the accepted non-religious beliefs?

Answer 10

pacifism
conscientious objectors
attachment to secularism
veganism
opposition to the manipulation of products of animal origin or tested on animals
temperance
climate change

Question 11

If a personal or collective conviction is to benefit from the right to “freedom of thought, conscience and religion”, what must it attain?

Answer 11

a certain level of cogency, seriousness, cohesion and importance.

Question 12

what do the courts have power to do?

Answer 12

Courts to determine which beliefs are or are not worthy of protection and respect in democracy

Question 13

in relation to manifestation of beliefs what questions need to be asked?

Answer 13

• is the belief within the scope of article 9?
• is the activity a manifestation of that belief?
• is there an interference with the manifestation
• is the interference with the manifestation justified under article 9?

Question 14

what is a manifestation?

Answer 14

A “manifestation” implies a perception on the part of adherents that a course of activity is in some manner prescribed or required.

The action must be a direct expression of the belief, though it need not be a definite, universally acknowledged, requirement.

Question 15

to be a manifestation of a belief what must an action do?

Answer 15

Relate to a protected belief
Be intimately linked to the belief itself

Question 16

what is an example of manifestation?

Answer 16

act of worship or devotion which forms part of the practice of a religion or beliefs in a generally recognised form

Question 17

what did Arrowsmith v United Kingdom conclude about an action that is intimately connected?

Answer 17

A distinction must be drawn between an activity central to the expression of a religion or belief, and one which is merely inspired or even encouraged by it

Question 18

what does manifestation not cover?

Answer 18

Manifestation “does not cover each act which is motivated or influenced by a religion or a belief”

Question 19

what is held to be manifestation?

Answer 19

-Proselytism
-General participation in the life of a religious community
-The slaughtering of animals in accordance with religious prescriptions
-Preventing worship by refusing to provide legal recognition to an organisation (Church of -BessarabiavMoldova(2002))
-Religious Dress - Leyla SahinvTurkey(2007)
-Dietary requirements – slaughter rituals required by Judaism (Cha’are Shalom Ve TsedekvFrance 2000)
-Corporal punishment in schools (R (Williamson)vSecretary of State for Education and Employment[2005]

Question 20

what is not held to be manifestation?

Answer 20

-The distribution of pacifist leaflets to soldiers (Arrowsmith)
-Refusing to sell contraceptives that had been prescribed to women (Pichon and SajousvFrance2001)
-Assisting in another’s suicide (as inPrettyvUnited Kingdom(2002)
-Commercial advertising to promote a belief (as inX and Church of ScientologyvSweden[1979]

Question 21

what are examples of an interference with the manifestation?

Answer 21

-Criminal or administrative penalty (Kokkinakis v. Greece)
-Dismissal (Ivanova v. Bulgaria 2007)
-A disciplinary sanction, regardless of its severity (Korostelev v. Russia, § 50)
-A physical obstacle to the persons exercising their rights under Article 9, such as the interruption of a meeting by the police (Boychev and Others v. Bulgaria);
-The dissolution of a religious organisation (Jehovah’s Witnesses of Moscow and Others v. Russia, §§ 99-103; Biblical Centre of the Chuvash Republic v. Russia, § 52;
-Denial of authorisation, recognition or approval designed to facilitate the exercise of the said rights (Metropolitan Church of Bessarabia and Others v. Moldova; Vergos v. Greece

Question 22

what are the elements for the interference to be justified?

Answer 22

• prescribed by law = basis, in national law, accessible, foreseeable
• legitimate purpose
• necessary in a democratic society

Question 23

what are the listed grounds for a legitimate purpose under 9(2)?

Answer 23

public safety;
for the protection of public order;
health or morals;
or for the protection of the rights and freedoms of others.

Question 24

what makes an interference necessary in a democratic society?

Answer 24

Pressing social need
Proportionate to the aim pursued (4 requirements seen previously)
Justified by relevant and sufficient reasons

Question 25

in the workplace what does article 9 not require?

Answer 25

active facilitation of religious beliefs in the workplace - Stedman v United Kingdom (1997)

Part of the difficult in the workplace is the idea that the employee is free to resign to manifest their beliefs.

Question 26

when is it unlikely that there will be infringements or violations?

Answer 26

Where there are links to ‘safety’ or ‘security’ concerns, and the removal of clothing and artefacts is temporary