Libertatea religioasă în jurisprudența CEDO: Tensiuni și asimetrii în aplicarea Articolului 9 vs. Articolul 10
Religious Freedom in ECtHR Case Law: Tensions and Asymmetries in the Application of Article 9 vs. Article 10

Summary/Abstract: This article examines the European Court of Human Rights’ 2022 judgment in Bouton v. France, where a protest staged by a FEMEN activist inside a worship place was deemed a protected form of freedom of expression. The article examines the tensions between Articles 9 and 10 of the European Convention on Human Rights, highlighting the difficulty of maintaining a fair balance between religious freedom and freedom of expression in pluralistic societies. Attention is drawn to a potential double standard in the Etcher’s jurisprudence regarding the treatment of certain religious communities, particularly the Christian one, compared to other religious denominations. Through critical analysis of the Court’s reasoning and comparisons with relevant precedent, the paper argues that safeguarding religious symbols and the sanctity of places of worship is essential for social cohesion and mutual respect in a genuine democracy. The article advocates for a balanced interpretation of fundamental rights that resists the ideological misuse of freedom of expression.

• Details
• Contents