Freedom of Religion – From the Perspective of Minority Religion, Islam, in the Context of Europe

Abstract

In this paper, I have focused on the freedom of religion from the perspective of the minority religion, specially Islam, in the context of Europe and the approach taken by the European Court of Human Rights towards Islam. In the first part of the paper, I have analyzed the history of freedom of religion along with its definition as well as the historical aspect of Islam in Europe. In the second part, I have evaluated the normative framework starting with Article 9 of the European Convention on Human Rights, the case law of the European Court of Human Rights and its approaches to Islam, and the meaning of democracy, pluralism, secularism and respect as perceived by the Court alongside its critics. In the third part, I have discussed about the counter arguments on this matter, i.e. the virtues of the Court as highlighted by Marco Ventura. Lastly, I have concluded with the possible solution that there could be discussions on political arena in the Member States where the States should not only be neutral and independent but also passive and more tolerant towards other religions; as well as the European Court of Human Rights acting to change its own jurisprudence in relation to freedom of religion and basing its decisions on the principle of respect and equality towards all religions, including minority religion, Islam.