Framing Multicultural Challenges in Freedom of Religion Terms

Abstract

Multicultural challenges in Europe are being framed in human rights language, and in particular in terms of the freedom of thought, conscience and religion. The question is whether the practical case-by-case application of the fundamental right to freedom of religion in national and European case law facilitates a ‘deep (and normative) diversity’ in Europe or rather only allows space for a limiting or ‘conditioned diversity’ instead. While opening up possibilities for minorities to live out their lives in accordance to their deeply-held convictions, it seems to us that the human rights working frame in a predominantly ‘minimalist’ conception comes with its inherent limitations as to the management of Europe's religious diversity. While human rights purport to liberate and protect, they also impose conditions, criteria and standards that are grounded in a Western vision of law, society and religion. Religious minorities stand to gain from playing by the human rights rules as long as they accept to mould, shape and limit their claims to fit dominant conceptions, which perhaps diverge from their own understandings, needs and aspirations. Drawing on case law collected through the RELIGARE project network, this article aims to illustrate some of the limitations and confines that Europe's diverse communities face in the areas of the workplace, the public place, the family, and State support to religions.