Protection against discriminating companies created by legal persons of religious organizations in the European human rights system Cover Image

Ochrona przed nierównym traktowaniem spółek powołanych przez osoby prawne związków wyznaniowych w europejskim systemie praw człowieka
Protection against discriminating companies created by legal persons of religious organizations in the European human rights system

Author(s): Michał Skwarzyński
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Kancelaria Sejmu
Keywords: companies created by legal persons of religious organizations; human rights; discrimination

Summary/Abstract: The article presents normative possibilities of protecting companies created by legal persons of religious organizations against discrimination. The discussed protection stems from the human rights system. It seems that the system of human rights protection does not apply to non-human entities, althoughat times it does protect the rights of legal persons. Research analysis of the human rights norms and the case law of the European Court of Human Rights in Strasbourg allow determining theimportant protective elements defined in the human rights system. Three scopes of protection maybe differentiated: protection of freedom of conscience and religion — Art. 9 of the ECHR; a person’sright to peaceful enjoyment of his possessions — art. 1 Protocol 1 to the ECHR; prohibition ofdiscrimination — art. 14 ECHR.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 71-88
  • Page Count: 18
  • Language: Polish