Article 9 of the European Convention on Human Rights


Article 9 of the European Convention on Human Rights provides a right to freedom of thought, conscience, and religion. This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".

Article text

History

  • Cuius regio, eius religio was a principle of European international law, beginning in the 16th century in the wake of the Protestant Reformation, that established freedom of religion for states, but not individuals.
  • The First Amendment to the United States Constitution was one of the first legal protections for freedom of religion without reference to any specific religion.
  • Article X of the French Declaration of the Rights of Man and of the Citizen, which influenced the European Convention, declares freedom of religious opinion as a universal right.

    Case law

  • European Court of Human Rights:
  • *Buscarini and Others v. San Marino
  • *Kokkinakis v. Greece
  • *Leyla Şahin v. Turkey
  • *Pichon and Sajous v. France
  • *Leela Förderkreis E.V. and Others v. Germany
  • *Universelles Leben e.V. v. Germany
  • *Lautsi v. Italy
  • *S.A.S. v. France
  • *Osmanoğlu and Kocabaş v. Switzerland
  • *Executief van de Moslims van België and Others v. Belgium
  • High Court of England and Wales:
  • *''Connolly v DPP''

    Literature

  • Murdoch J. Strasbourg, Council of Europe, 2007
  • , a factsheet of ECtHR case law
  • , a textbook on Article 9 and international law on the right to freedom of thought, conscience and religion

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