Right to Display Religious Symbols in Public Area and Its Limitation – Comparative Legal Considerations in the Basis of International and National Jurisprudence Cover Image

Prawo do eksponowania symboli religijnych w przestrzeni publicznej i jego ograniczenia – komparatystyczne rozważania prawne na gruncie orzecznictwa międzynarodowego i krajowego
Right to Display Religious Symbols in Public Area and Its Limitation – Comparative Legal Considerations in the Basis of International and National Jurisprudence

Author(s): Ewa Michałkiewicz-Kądziela
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Islam studies, Sociology of Religion
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: human rights; freedom of conscience and religion; religious symbols; cross; hijab;

Summary/Abstract: Freedom of conscience and religion is one of the fundamental human rights, which is guaranteed both in the order of international law and in state acts of a constitutional nature. One of its manifestations is religious expression, which is expressed in the right to display religious symbols in public space. This right is protected by international law and national law, however, it is not absolute and therefore may be limited. The basic rules regarding the limitation of this right are set out in international acts and in the fundamental laws of countries, however, any disputes are resolved in court, which results in many new interpretations of the same provisions. The purpose of these considerations is to determine what reasons may underlie the restriction of the right to express faith through religious symbols, and whether they are common to all legal cultures and what is the impact of the nature of the relationship between the state and religious associations?

  • Issue Year: 11/2022
  • Issue No: 2
  • Page Range: 231-251
  • Page Count: 21
  • Language: Polish