Abstract

The right to change religion comprises two sub-rights: the right to join a religious community and the right to withdraw from it. The former requires that the consent of the individual and the religious group be a necessary and sufficient condition for establishing membership. Such a right is generally uncontroversial and respected in practice, whereas the right to leave a religious association is sometimes difficult to exercise. This is due to the fact that this matter is left to be determined by the internal laws of religious associations, resulting in fragmented regulation, unequal treatment, and insufficient procedural guarantees. The situation could be significantly improved by regulating the procedure for leaving a religious association in state law. However, a distinction must be made between the spiritual and legal dimensions of membership. The article is based on doctrinal research involving the Strasbourg requirements, national case law, and existing legal scholarship.

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