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When Human Rights Clash at the European Court of Human RightsConflict or Harmony?$
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Stijn Smet and Eva Brems

Print publication date: 2017

Print ISBN-13: 9780198795957

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780198795957.001.0001

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The Future of Religious Freedom

The Future of Religious Freedom

(p.130) 7 The Future of Religious Freedom
When Human Rights Clash at the European Court of Human Rights

Russell Sandberg

Oxford University Press

This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 of the European Convention on Human Rights by UK courts. It is argued that Ladele and other cases remain best adjudicated and understood as freedom of religion claims, provided that the way in which such claims are argued and adjudicated is improved. This chapter innovates by applying Ayelet Shachar’s call for ‘joint governance’ to the question of religious freedom as a human right for the first time, before suggesting that a relational approach to the relevant cases is required, emphasizing relationships and the power roles within them.

Keywords:   human rights, freedom of religion, European Court of Human Rights, ECtHR, registrar, ‘joint governance’, reasonable accommodation, relational autonomy, Ladele v. The United Kingdom

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