Law and Religion Beyond National Borders: The Virtue of the European Court of Human Rights

Abstract

The paper observes the long evolution of the European Court in Strasbourg since the late 1980-s up to early 2010-s, examining, in particular, the logic of court ruling on religion-related conflicts and the protection of religious freedoms. The author shows that the main problems in this field were, among others, the management of the rights of majorities (sometimes, the state churches) and minorities (and individuals); the correlation of European norms and principles, based on the Convention of human rights, and the different national legal systems, reflecting on special aspects of national and cultural identities. Drawing upon analysis of a few key cases in the Court, the author reveals major trends in the Court’s approach to religion-related conflicts.