This article reveals the European Court of Human Rights' interpretation of Article 9, indicating the complexities of religious expression in legal contexts.
Religious and moral beliefs significantly influence daily decisions, from dietary choices and dress codes to professional conduct and medical decisions. This article examines the European Court of Human Rights’ approach to cases where faith-based or morally motivated choices conflict with legal frameworks. It highlights the ECtHR's narrow reading of Article 9 ECHR’s term ‘practice’, which limits protection largely to worship, teaching, and observance. It also explores the Court’s treatment of neutral laws that interfere with such choices. Finally, the article calls for a more nuanced and coherent doctrine - one that fully recognizes the complexity of religious expression, including faith-motivated practices that are not strictly religious, and ensures that any restrictions are justified by compelling and proportionate reasons.
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María Alejandra Vanney (2025) studied this question.
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