Implicit Beliefs, Explicit Practices?

Abstract

In this article, I discuss how international human rights law (IHRL) interacts with the notions of "implicit" and "lived" religion. More specifically, I examine the capability of Article 9 on the freedom of thought, conscience and religion in the European Convention on Human Rights (ECHR) to provide protection for rights claims that derive from "implicit" and "lived" forms of religion. I develop this argument in three steps: First, I provide a working definition of "implicit" and "lived" religion. Second, I assess the provisions on the freedom of thought, conscience and religion in the ECHR, asking what kinds of "religion" are most likely to gain protections under this instrument. Third, I review some recent cases to come before the European Court of Human Rights (ECtHR), which monitors the ECHR, gauging which forms of religion have been recognized by the court.