Abstract

Human rights claims are often motivated by weighty considerations. But few motivating factors are arguably as powerful as those which typically underpin claims involving the right to freedom of religion and belief under Article 9 of the European Convention on Human Rights (ECHR). In such cases litigants often consider that they have a sacred duty to act (or refrain from acting) in a particular way, believing that failure to do so may displease a supreme being or even lead to dire consequences in an afterlife, perhaps for all eternity. To date the courts have acknowledged, in express terms, the unparalleled and existential significance of particular manifestations of religious belief to believers themselves. British judges have made a number of statements in which they have accepted the centrality of faith in the lives of those bringing such claims before them, recognising that in view of religion's association with the transcendental, the divine and the eternal, it is the most important thing for many people.

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