European Convention on Human Rights: freedom of thought, conscience and religion

European Convention on Human Rights

Article 9 of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms reads as follows:

 

‘Freedom of thought, conscience and religion:

1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.’

The European Convention on Human Rights (ECHR) is a convention protecting human rights and political freedoms in Europe. The ECHR’s only rivals in importance are the United Nation’s documents on human rights and the two Human Rights Covenants (1966). The ECHR was signed on 4 November 1950 and entered into force on 3 September 1953. It was drafted by the Council of Europe, an international organisation which was established in May 1949. The Council of Europe, consisting of two major bodies, the Consultative Assembly and the Committee of Ministers, was primarily opened to the Western European countries. One of the first tasks of the Council of Europe was to provide a program for protecting human rights. Similar to the English Bill of Rights, the US Bill of Rights, the French Declaration of the Rights of Man and the first part of the German Basic law, the ECHR is drafted in broad terms. At the time, the emerging division in the international order was also presenting a challenge in the wake of WWII and the Holocaust. The ECHR, alongside the Council of Europe, aimed at presenting Western Europe as a region with a valid and stable international human rights organisation.

What are the main points of the definition as per the article? What are the legal limitations for manifesting one’s religion or beliefs?
 

For more information on this and other peace treaties, see

Henning P. Jürgens, Patrick Pasture, Bram De Ridder, Christophe Schellekens, Naum Trajanovski. Reports on historical peace treaties and agreements. Retopea Deliverable 2.3. (November 2022).

Title

European Convention on Human Rights: freedom of thought, conscience and religion

content

Article 9 of the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms reads as follows:‘Freedom of thought, conscience and religion:
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.’

Context

The European Convention on Human Rights (ECHR) is a convention protecting human rights and political freedoms in Europe. The ECHR’s only rivals in importance are the United Nation’s documents on human rights and the two Human Rights Covenants (1966). The ECHR was signed on 4 November 1950 and entered into force on 3 September 1953. It was drafted by the Council of Europe, an international organisation which was established in May 1949. The Council of Europe, consisting of two major bodies, the Consultative Assembly and the Committee of Ministers, was primarily opened to the Western European countries. One of the first tasks of the Council of Europe was to provide a program for protecting human rights. Similar to the English Bill of Rights, the US Bill of Rights, the French Declaration of the Rights of Man and the first part of the German Basic law, the ECHR is drafted in broad terms. At the time, the emerging division in the international order was also presenting a challenge in the wake of WWII and the Holocaust. The ECHR, alongside the Council of Europe, aimed at presenting Western Europe as a region with a valid and stable international human rights organisation.

Questions

What are the main points of the definition as per the article? What are the legal limitations for manifesting one’s religion or beliefs?

Temporal Coverage

20th century, 21st century

Spatial Coverage

Europe

Relation

Ideas about Toleration

Subject

EU Convention of Human Rights

Is Referenced By

European Convention on Human Rights: defining ‘religion’
European Convention on Human Rights: Discrimination
European Convention on Human Rights: the right to ‘manifest’ belief
European Convention on Human Rights: marriage and divorce

transcript of

1950 Convention for the Protection of Human Rights and Fundamental Freedoms

Audience

Yes

Creator

Naum Trajanovski

Collection

Religious practice