Jump to ContentJump to Main Navigation
International Approaches to Governing Ethnic Diversity$
Users without a subscription are not able to see the full content.

Jane Boulden and Will Kymlicka

Print publication date: 2015

Print ISBN-13: 9780199676583

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780199676583.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 01 December 2020

The Governance of Religious Diversity at the European Court of Human Rights

The Governance of Religious Diversity at the European Court of Human Rights

(p.51) 3 The Governance of Religious Diversity at the European Court of Human Rights
International Approaches to Governing Ethnic Diversity

Matthias Koenig

Oxford University Press

This chapter explores the role of international courts in the governance of religious diversity. Drawing on recent sociological and socio-legal debates over causes and consequences of ‘judicialization’, the paper explores the impact of the European Court of Human Rights on the accommodation of religious minorities. With institutional autonomy strengthened and litigation rates growing, the Court has since the 1990s moved to greater judicial activism, finding several countries in violation of the right to religious freedom and thus challenging long-established church-state-relations in Eastern as well as in Western Europe. However, there are clear limits to the Court’s support for religious minorities. The Court refrains from full-scale criticism of national religious symbols and its jurisprudence shifts between more or less diversity-friendly versions of ‘secularism’. As a result, not all religious minorities have profited equally from the new legal opportunities provided within the transnational human rights field.

Keywords:   ECtHR, human rights, international law, Islam, judicialization, religious freedom, secularism, sociology

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .