The introduction sets out the context, aims and approach of this book. It explains that over the past thirty years, the number of cases before the ECtHR concerning freedom of thought, conscience and religion has increased significantly and interest in this right in the literature has grown exponentially. It notes that ECtHR jurisprudence relating to ECHR Article 9 has been heavily criticised by commentators but there has been very little interrogation of the core premises that underpin doctrinal analyses of Article 9 in recent years. In particular, the fundamental question—what is the law in relation to freedom of religion or belief?—has not been fully explored. The introduction explains that this book aims to address this important question in relation to ECHR Article 9 and, in doing so, it challenges the classic approach to freedom of thought, conscience and religion in the literature and offers an alternative interpretation of ECHR Article 9 and the related ECtHR jurisprudence. The detailed overview of the structure of this book in the introduction details the approach which will be taken, and sets out the the materials which form the basis for the analysis.

This conclusion summarises the arguments presented in the chapters in Parts I, II and III. It also explores some of the implications of the reappraisal of ECHR Article 9 and the related ECtHR jurisprudence in this book for academics and legal practitioners alike.

Chapter 2 focuses on the text of ECHR Article 9 and other international provisions protecting the right to freedom of thought, conscience and religion including Article 18 of the Universal Declaration of Human Rights (UDHR), Article 18 of the International Covenant on Civil and Political Rights (ICCPR), and Article 1 of the Declaration on the Elimination of all Forms of Intolerance and of Discrimination based on Religion or Belief (1981 Declaration). It also explores the drafting history of these Articles through an examination of the relevant travaux préparatoires. By analysing this material, and drawing upon a recent, deeply valuable contribution to the understanding of ICCPR Article 18, Chapter 2 seeks to demonstrate that it is more faithful to these text of the ECHR Article 9 and the relevant travaux préparatoires to understand the forum internum and forum externum aspects of the right to freedom of thought, conscience and religion in terms of a relationship rather than in terms of a binary and hierarchical distinction.

Part I reviews the scholarly literature relating to the right to freedom of thought, conscience and religion and challenges the classic approach to this right. Chapter 1 discusses the origin and meaning of the terms ‘forum internum’ and ‘forum externum’. It explains that, in the literature, there is a general consensus that there is a clear binary and hierarchical distinction between the absolutely protected forum internum and the qualified forum externum in the architecture of ECHR Article 9, and that this distinction features in the related ECtHR jurisprudence. It then explores criticisms raised by commentators relating to the ECtHR’s understanding and application of this distinction, and notes some suggestions made by commentators to resolve the issues. Finally, it examines the way in which this classic approach to the right and its protection by the ECtHR has evolved. It questions the veracity of claims that there is, or should be, such a distinction between the forum internum and forum externum in ECHR Article 9 and related ECtHR jurisprudence, and suggests that a review of the understanding this Article and the case law is not only necessary but overdue.

This chapter discusses the right to freedom of religion, thought, conscience and belief as it is protected by the European Convention on Human Rights, other Council of Europe instruments, in EU law and in international instruments. Attention is paid to both the forum internum and the forum externum (religious manifestations). In the final section, a short comparison between the different instruments is made.