Messages from the European Court of Human Rights on Religion, Secularism, Tolerance and Pluralism
The European Court of Human Rights is arguably one of the most important human rights regimes in the world. Though rather slow to engage directly with issues of religion the Court has, in the last quarter century, evolved into an arena where some of the m
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Messages from the European Court of Human Rights on Religion, Secularism, Tolerance and Pluralism Effie Fokas
14.1 Introduction In line with the volume’s broader objective to cross-fertilize between different fields of research into the contested relationship between tolerance and secularization, this chapter offers a socio-legal perspective on the topic. Specifically, it focuses on messages communicated by the European Court of Human Rights on religion, secularism, tolerance and pluralism, This chapter presents research conducted under the auspices of the Grassrootsmobilise Research Programme (2014–2019), funded by the European Research Council (ERC; Grant Agreement No. 338463), and with the support of the London School of Economics Hellenic Observatory, of which the author is a Research Associate, and that of the Henry Luce/Leadership 100 project on Orthodoxy and Human Rights (Orthodox Christian Studies Center, Fordham University), of which the author is a participant. E. Fokas (*) Hellenic Foundation for European and Foreign Policy (ELIAMEP), Athens, Greece London School of Economics Hellenic Observatory, London, UK © The Author(s) 2020 V. Karpov, M. Svensson (eds.), Secularization, Desecularization, and Toleration, https://doi.org/10.1007/978-3-030-54046-3_14
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because the latter concept is embedded in the Court’s case law as a critical link between secularism and tolerance. Although the label “secular Europe” is a misleading cliché,1 European institutions such as the European Union and the Council of Europe (under which auspices the European Court of Human Rights operates) are often perceived of as representative of a secular and secularist orientation and as led by highly secularized elites. This makes it an important context in which to consider the impact of secularization on toleration. In the paragraphs that follow, I will set out why this court’s messages matter: what is the value added in examining the treatment of tolerance, secularization and pluralism by the European Court of Human Rights (henceforth ECtHR or, the Court)? Because the common denominator in case law dealing with these three concepts in tandem is religion, I will present in a subsequent section of the chapter some background information regarding the Court’s engagements with religion in general. Then, following a presentation of the methodology guiding the present study, I will consider messages communicated by the Court on tolerance, secularization and pluralism. Finally, the chapter closes with an assessment of these messages, including special attention to discrepancies in the case law and to pluralism as a red thread linking the Court’s approaches to both tolerance and notions of “the secular.”
14.2 Why Do This Court’s Messages Matter? Several factors make the ECtHR an important institution to consider in relation to issues of tolerance, secularization and pluralism. First, the sheer vastness of its reach: the Court’s jurisdiction covers all 47 member states of the Council of Europe (CoE), including all Eu
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