Freedom of Religion: An Ambiguous Right in the Contemporary European Legal Order (Swedish Studies in European Law Book 14)

"In most European societies today, religion and questions about religion are increasing in relevance and importance. This development can be explained in several ways, for example by continuous demographic changes and new societal standards and values. As a consequence, the debate on the interpretation and scope of the right to freedom of religion has intensified in politics, media and, of course, law. The right to freedom of religion is complex and varies within different legal contexts at the international, European and national levels. This has resulted in a right that is ambiguous and sometimes difficult for individuals to claim and for states to assert. This book presents a variety of perspectives on the concept of freedom of religion in different European countries against the background of the European Convention on Human Rights, the EU Charter of Fundamental Rights and other international treaties. It contains contributions from leading legal scholars working in these fields in Sweden, the Nordic countries and wider Europe."-- Provided by publisher Preface 6 Contents 10 List of Contributors 12 Table of Cases 14 Table of Legislation 18 Part I 22 1. Religion and Human Rights Ambiguities and Ambivalences of Freedom 24 I. Introduction 24 II. Navigating Spaces of Anxiety 26 III. Shaking the Cage 29 IV. Responding to the Challenges of Legal Governance of Religion 33 V. Concluding Remarks 36 2. Freedom of Religion in Sweden from a Historical Perspective 38 I. Introduction 38 II. Current Regulations 41 III. Religious Communities and Protections of the Individual - Protection of Privacy 45 IV. Concluding Remarks 47 3. The Significance of Religion for Swedish Labour and Social Legislation 48 I. Overture 48 II. Sources of the Law on Religion 49 III. The Judiciary and Religion 52 IV. Working Time 53 V. The Duty to Work. Work Tasks. Conscientious Objections 57 VI. Religious Dress and Ornaments at Places of Work 60 VII. Employment Policy Programmes and Employment Policy Measures 64 VIII. The Social Security System at Large 65 IX. Collective Labour Law 66 X. Concluding Remarks. Religion and Swedish Society in the Post-World War II Period 67 Addendum 68 Part II 70 4. EU Law and Religion: Protecting a Privileged Position for Majority Faiths? 72 I. Introduction 72 II. Relevance of Religion to EU Law 73 III. The Union's Secularism 74 IV. Law-making: Indirect Influence by Reformatting as Culture 75 V. Maintaining, but Limiting, Existing Privilege 76 VI. Impossibility of Neutrality 78 5. What's in a Scarf? On the Ripple Effect of the ECtHR's Case Law 82 I. Introduction 82 II. The Starting point – Dahlab v Switzerland 83 III. The First Ripples – Case Law Referring to Dahlab v Switzerland 85 IV. A Second Set of Ripples – Expanding the Margin of Appreciation 87 V. An All-inclusive Approach? 88 VI. To Sum Up - Where Are We Today? 90 VII. The Final Ripples? Some Concluding Remarks 93 6. The Freedom of Religion in Relation to Other Human Rights 96 I. Introduction 96 II. Human Rights and Fundamental Freedoms 97 III. Freedom of Expression 101 IV. The Freedom of Assembly and the Right to Demonstrate 110 V. Concluding Remarks 117 7. ‘... And in Community with Others ...’ 120 I. Introduction 120 II. Right to an Autonomous Existence under Article 9 ECHR 121 III. Religious Organisations Acting as Employers under the ECHR 123 IV. EU Discrimination Law and its Special Legal System for Religious Organisations 126 V. Concluding Discussion 132 8. Freedom of Religion: Conscience, Dignity and the Construction of Identity 134 I. Introduction 134 II. Religion, Dignity and Conscience 135 III. From Principle to Practice - Assessing the ECtHR 137 IV. Religion, Security and Identity 143 V. Flanders: Securitisation of Religion 147 VI. Conclusion 158 Part III 160 9. Ban on Faith-based Schools? 162 I. Introduction 162 II. The Right to Education According to the European Convention 164 III. ‘No Persons shall be Denied the Right to Education’ 165 IV. Respect for the Convictions of the Parents 167 V. Right to Establish a Private School 172 VI. Possibility of Requiring Non-Faith-Based Education? 173 VII. Summary 180 10. The Swedish Education System and its Challenges in a Multicultural Society 182 I. Introduction 182 II. The Value System of the Swedish Education System 186 III. Religious Clothing in Swedish Schools 188 IV. The Best Interests of the Child 190 V. Proportionality Tests 191 VI. Final Remarks 195 11. Religious Refusals in Health Care as a Matter of Freedom of Religion 198 I. Introduction 198 II. The Regulation of Conscience Clauses and Sweden's Standpoint 199 III. The Grimmark case in the Swedish Labour Court 201 IV. Article 9 ECHR and the Jurisprudence on Religiously-based Refusals 202 V. Conclusion 206 12. Understanding Religion: A Portal to the Past or the Key to the Future? 210 I. Introduction 210 II. Opportunities or Challenges – A Way of Thinking 213 III. The Freedom of Religion – A Tiger Without Teeth 214 IV. Interpretation is a Highly Important Task – But By Whom and For Whom? 215 V. Defining Democracy – A Serendipity Moment 216 Index 218 This open access book presents a variety of perspectives on the concept of freedom of religion in different European countries against the background of the European Convention on Human Rights, the EU Charter of Fundamental Rights and other international treaties. In most European societies today, religion and questions about religion are increasing in relevance and importance. This development can be explained in several ways, for example by continuous demographic changes and new societal standards and values. As a consequence, the debate on the interpretation and scope of the right to freedom of religion has intensified in politics, media and, of course, law. The right to freedom of religion is complex and varies within different legal contexts at the international, European and national levels. This has resulted in a right that is ambiguous and sometimes difficult for individuals to claim and for states to assert. This book contains contributions from leading legal scholars working in these fields in Sweden, the Nordic countries and wider Europe. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network. "In most European societies of today, religion and questions about religion are gaining relevance and importance. This development can be explained in several ways, for instance by ongoing demographic changes in Europe and new standards and values in the European societies. Because of this novel focus, the debate on the interpretation and scope of freedom of religion has intensified in politics, media and of course in law. The interpretation of the right is complex and varies within different legal contexts on the international, European and the national level. This has resulted in a right that is ambiguous and sometimes difficult to claim and assert for right holders. This book presents a variety of perspectives on, and interpretations of, the concept of freedom of religion in different European countries and against the background of the European Convention of Human Rights, the EU Charter of Fundamental Rights and other international treaties. The book contains contributions by leading legal scholars working in the field in Sweden, the Nordic countries and wider Europe"-- Provided by publisher PART I -- 1. Religion and Human Rights: Ambiguities and Ambivalences of Freedom Pamela Slotte -- 2. Freedom of Religion in Sweden from a Historical Perspective Joakim Nergelius -- 3. The Significance of Religion for Swedish Labour and Social Legislation Reinhold Fahlbeck -- PART II -- 4. EU Law and Religion: Protecting a Privileged Position for Majority Faiths? Ronan McCrea -- 5. What's in a Scarf? On the Ripple Effect of the ECtHR's Case Law Patrik Bremdal 6. The Freedom of Religion in Relation to Other Human Rights Karin AstrŠom -- 7. 'And in Community with Others' Emma Ahlm -- 8. Freedom of Religion: Conscience, Dignity and the Construction of Identity Willem Vancutsem -- PART III -- 9. Ban on Faith-based Schools? Lotta Lerwall -- 10. The Swedish Education System and its Challenges in a Multicultural Society Hedvig Bernitz -- 11. Religious Refusals in Health Care as a Matter of Freedom of Religion Kavot Zillň -- 12. Understanding Religion: A Portal to the Past or the Key to the Future? Victoria Enkvist