The European Court of Human Rights and Minority Religions
This book includes a collection of studies focused on engagements of religious minorities with the European Court of Human Rights (ECtHR). Beginning with an introduction of the global importance of the ECtHR as a standard setter in the protection of religious minority rights, the subsequent five chapters entail critical assessments of some of the Court's case law dealing with religious minority claims (exploring their clarity and consistency - or lack thereof- and controversiality). In the process these texts impart a nuanced perspective on the challenges the Court faces in striking the right balance between protecting individual freedoms and respecting state rights to manage 'nationally' and 'culturally' sensitive matters. The second set of contributions makes readers privy to the varied results of this balancing act on the ground. Specifically, it offers empirically-based insight into the impact of the Court's religion-related case law on grassroots religious minority groups working to defend their individual and communal rights. The chapters taken together deepen our understanding of the ECtHR in its approach to and impact on religious minorities and offer a rare vantage point on the Court, from the messages its generates to the messages received by religious minorities at the grassroots level.
The chapters in this book were originally published in Religion, State & Society, the Journal of Muslim Minority Affairs and Democratization.
Effie Fokas is Senior Research Fellow at the Hellenic Foundation for European and Foreign Policy (ELIAMEP) in Athens, Greece, and Research Associate of the London School of Economics Hellenic Observatory, UK.
James T. Richardson is Foundation Emeritus Professor of Sociology and Judicial Studies, University of Nevada, Reno, USA.
The European Court of Human Rights and Minority Religions
Messages Generated and Messages Received
Edited by
Effie Fokas and James T. Richardson
First published 2019
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN, UK
and by Routledge
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Chapters 1-5, 7 2019 Taylor & Francis
Chapter 6 2019 Institute of Muslim Minority Affairs
Chapter 8 2017 Effie Fokas, Originally published as Open Access
Chapter 9 2017 Margarita Markoviti. Originally published as Open Access
Chapter 10 2017 Alberta Giorgi and Pasquale Annicchino. Originally published as Open Access
Chapter 11 2017 Mihai Popa and Liviu Andreescu. Originally published as Open Access
Chapter 12 2017Ceren Ozgul. Originally published as Open Access
With the exception of Chapters 8-12, no part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. For details on the rights for Chapters 8-12, please see the chapters' Access footnotes.
Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
ISBN 13:978-1-138-59181-3
Typeset in Myriad Pro
by RefineCatch Limited, Bungay, Suffolk
Publisher's Note
The publisher accepts responsibility for any inconsistencies that may have arisen during the conversion of this book from journal articles to book chapters, namely the possible inclusion of journal terminology.
Disclaimer
Every effort has been made to contact copyright holders for their permission to reprint material in this book. The publishers would be grateful to hear from any copyright holder who is not here acknowledged and will undertake to rectify any errors or omissions in future editions of this book.
Contents
Effie Fokas and James T. Richardson
I. ECtHR and case law: clarity, consistency and controversy
Melanie Adrian
Marcella Ferri
Christos Tsevas
Roberta Medda-Windischer
James T. Richardson
Turan Kayaoglu
Amlie Barras
II. The ECtHR at grassroots level
Effie Fokas
Margarita Markoviti
Alberta Giorgi and Pasquale Annicchino
Mihai Popa and Liviu Andreescu
Ceren Ozgul
Guide
The following chapters were originally published in Religion, State & Society, volume 45, issues 3-4 (September-December 2017). When citing this material, please use the original page numbering for each article, as follows:
Chapter 1
The principled slope: religious freedom and the European Court of Human Rights
Melanie Adrian
Religion, State & Society, volume 45, issues 3-4 (September-December 2017), pp. 174-185
Chapter 2
The freedom to wear religious clothing in the case law of the European Court of Human
Rights: an appraisal in the light of states' positive obligations
Marcella Ferri
Religion, State & Society, volume 45, issues 3-4 (September-December 2017), pp. 186-202
Chapter 3
Human rights and religions: 'living together'or dying apart? A critical assessment of the dissenting opinion in S.A.S. v. France and the notion of 'living together'
Christos Tsevas
Religion, State & Society, volume 45, issues 3-4 (September-December 2017), pp. 203-215
Chapter 4
Militant or pluralist secularism? The European Court of Human Rights facing religious diversity
Roberta Medda-Windischer
Religion, State & Society, volume 45, issues 3-4 (September-December 2017), pp. 216-231
Chapter 5
Update on Jehovah's Witness cases before the European Court of Human Rights: implications of a surprising partnership
James T. Richardson
Religion, State & Society, volume 45, issues 3-4 (September-December 2017), pp. 232-248
Chapter 8
The European Court of Human Rights at the grassroots level: who knows what about religion at the ECtHR and to what effects?
Effie Fokas
Religion, State & Society, volume 45, issues 3-4 (September-December 2017), pp. 249-267
Chapter 9
The 'filtering effects' of ECtHR case law on religious freedoms: legal recognition and places of worship for religious minorities in Greece
Margarita Markoviti
Religion, State & Society, volume 45, issues 3-4 (September-December 2017), pp. 268-283
Chapter 10
'Genuine' religions and their arena of legitimation in Italy - the role of the ECtHR
Alberta Giorgi and Pasquale Annicchino
Religion, State & Society, volume 45, issues 3-4 (September-December 2017), pp. 284-296
Chapter 11
Legal provisions, courts, and the status of religious communities: a socio-legal analysis of inter-religious relations in Romania
Mihai Popa and Liviu Andreescu
Religion, State & Society, volume 45, issues 3-4 (September-December 2017), pp. 297-316
Chapter 12
Beyond legal victory or reform: the legal mobilisation of religious groups in the European Court of Human Rights