Article 9 of European Convention on Human Rights
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Article 9 of the European Convention on Human Rights (ECHR) protects the freedom of thought, conscience, and religion. This article recognises the importance of individual beliefs and the right to hold and practice one's religious or philosophical convictions.
Article 9 – Freedom of Thought, Conscience and Religion
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.
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.
Freedom of thought, conscience, and religion: Article 9 establishes the right of every individual to hold and practice their own beliefs, whether they are religious, philosophical, or moral in nature. This includes the freedom to change one's beliefs.
Freedom to manifest religion or belief: Article 9 not only protects the freedom to hold beliefs but also the freedom to manifest those beliefs in various ways, such as through religious worship, teaching, practice, and observance. This encompasses both private and public expressions of faith or belief.
Limitations on freedom of religion: While Article 9 guarantees the freedom of thought, conscience, and religion, it allows for certain limitations on these freedoms under specific conditions. Any limitations must be prescribed by law and necessary in a democratic society. Permissible reasons for limitations include public safety, protection of public order, health, morals, or the protection of the rights and freedoms of others.
Balancing rights: Similar to Article 8 (the right to respect for private and family life), Article 9 often involves a balancing act between an individual's freedom of religion or belief and the interests of society or the rights of others. Courts, including the European Court of Human Rights, assess whether limitations on religious freedom are proportionate to the legitimate aims they seek to achieve.
Pluralism and tolerance: Article 9 contributes to the pluralism and tolerance within European societies by recognising the diversity of beliefs and the need to protect minority religious or philosophical communities.
Conscientious objection: Article 9 can also be invoked in cases of conscientious objection, where individuals refuse to participate in certain activities or services on the grounds of their deeply held beliefs.
Article 9 of the ECHR is an essential provision for safeguarding freedom of thought, conscience, and religion in Europe. It provides individuals with the legal means to protect their beliefs and practice their faith while also balancing the rights and interests of society as a whole.
Article 9 – Freedom of Thought, Conscience and Religion
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.
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.
Freedom of thought, conscience, and religion: Article 9 establishes the right of every individual to hold and practice their own beliefs, whether they are religious, philosophical, or moral in nature. This includes the freedom to change one's beliefs.
Freedom to manifest religion or belief: Article 9 not only protects the freedom to hold beliefs but also the freedom to manifest those beliefs in various ways, such as through religious worship, teaching, practice, and observance. This encompasses both private and public expressions of faith or belief.
Limitations on freedom of religion: While Article 9 guarantees the freedom of thought, conscience, and religion, it allows for certain limitations on these freedoms under specific conditions. Any limitations must be prescribed by law and necessary in a democratic society. Permissible reasons for limitations include public safety, protection of public order, health, morals, or the protection of the rights and freedoms of others.
Balancing rights: Similar to Article 8 (the right to respect for private and family life), Article 9 often involves a balancing act between an individual's freedom of religion or belief and the interests of society or the rights of others. Courts, including the European Court of Human Rights, assess whether limitations on religious freedom are proportionate to the legitimate aims they seek to achieve.
Pluralism and tolerance: Article 9 contributes to the pluralism and tolerance within European societies by recognising the diversity of beliefs and the need to protect minority religious or philosophical communities.
Conscientious objection: Article 9 can also be invoked in cases of conscientious objection, where individuals refuse to participate in certain activities or services on the grounds of their deeply held beliefs.
Article 9 of the ECHR is an essential provision for safeguarding freedom of thought, conscience, and religion in Europe. It provides individuals with the legal means to protect their beliefs and practice their faith while also balancing the rights and interests of society as a whole.
