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Summary

Chapters 6 and 7 examine cases which one would expect to fall in the middle circle in the loose concentric circles model, where both forum internum relevance and countervailing factors may both be strong or both be weak and, as such, for the degree of protection offered to depend heavily on the way in which the ECtHR balances the factors. Chapter 6 explores cases concerning limitations on proselytism, and the wearing of religious clothing and symbols. It seeks to show that, again, the ECtHR’s approach is consistent with its general principles concerning Article 9 as the ECtHR balances factors indicating a violation (primarily, but not only, forum internum relevance) with countervailing factors indicating no violation, in order to reach its decision. Given that such cases are highly fact sensitive, the degree of forum internum protection offered ranges from a high to a low degree depending on the particular circumstances of the case.

A wave of bans and restrictions on religious clothing is sweeping Europe. Schoolchildren, judges, jurors, civil servants, and employees are among the groups whose freedom to wear clothing which indicates their religion has been questioned, as has the right of governments, employers or schools to impose restrictions. The resulting debate has led to new laws or legal judgments in, among other countries, France, Germany, Denmark and the United Kingdom.

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6 - A Range of Forum Internum Protection under ECHR Article 9

Summary

United Kingdom: Banning the Jilbab: Reflections on Restricting Religious Clothing in the Light of the Court of Appeal in SB v. Denbigh High School. Decision of 2 March 2005.

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6 - A Range of Forum Internum Protection under ECHR Article 9

Summary

United Kingdom: Banning the Jilbab: Reflections on Restricting Religious Clothing in the Light of the Court of Appeal in SB v. Denbigh High School. Decision of 2 March 2005.