Freedom of Religion v. Freedom from Religion: Putting Religious Dictates of Conscience (Back) on the Map

Abstract

The European Court of Human Rights (ECtHR) has played a central role in the legal debate on the place of religious freedom in Europe’s pluralistic democracies. This chapter describes the conflicts between human rights and discusses the secular principles. It offers an analysis of ECtHR judgments on proselytism and headscarves in educational institutions. The chapter demonstrates that how secular principles, properly understood, may assist in the development of a framework for the resolution of such conflicts. It also demonstrates how a focus on conflicts between rights may inform the expounding of a theoretical argument for a modified conception of secularism in Europe. Finally, the chapter illuminates the implications of the advocated move towards an alternative conception of secularism for the right of individuals to wear religious symbols in public institutions as well as for the power of the state to order the display of such symbols in public buildings. Keywords:European Court of Human Rights (ECtHR); human rights; judgment; proselytism; religious freedom; secular principle; secularism