Home / Publications / Podcasts / Ian Leigh Durham The European Context
Podcast
IAN LEIGH [Durham]: The European Context
20 April 12
Duration: 10.05, access the full text at the bottom of this page.
Ian Leigh focused on how the European legislation on human rights intersected with matters of non-religious identity and practice. Article 9 of the Convention deals with the right to freedom of thought and conscience, and the right to have children educated in accordance with the beliefs of the parents; article 14 deals with non-discrimination.
Article 9 cases begin with the preface that this right is a “precious asset” pertaining also to atheists and agnostics. This is accompanied by assertions that the state is to be neutral with regard to the truth of religious claims. Article 9 protects both beliefs [inner convictions] and the more problematic area of the right to manifest those beliefs, which are a qualified right under Article 9, subject to provisos.
Statements from Strasbourg with regard to religious education again emphasise the state’s neutrality, asserting that RE should be given in an “objective, critical and pluralistic manner”.
What, then, about the manifestation of non-religious beliefs? One of these might be the expression of criticism of religious belief. The bottom line of the cases has been the protection of the sensitivities of religious believers under Article 10, which some believed had been over-protected. But turning it round, what about the protection of non-religious belief? Again, there is a question of what level of offence is tolerable.
Case law for the protection of other forms of manifestation of non-religious belief is under-developed, for instance the protection of non-religious ceremonies. Any case would have to demonstrate the “intimate connection” of the belief to the manifestation.
Another area is the question of exemption, where the state has made an assumption about majority practice. The court has tended to recognise that such requirements can be oppressive of non-religious belief, but has not fully dealt with the claim that the use of exemption can require a non-religious person to have to state their position publicly, thus exposing themselves to further oppression.
Click here to read more about and access other podcasts from the event.
Download podcast
Associated file:
Non-Religion Leigh.pdfTo subscribe to our mail list please e-mail:
p.ainsworth@lancaster.ac.uk