Details

Autor(en) / Beteiligte

• Robbers, Gerhard

Titel

Church Autonomy in the European Court of Human Rights—Recent Developments in Germany

Ist Teil von

• The Journal of law and religion, 2010, Vol.26 (1), p.281-320

Ort / Verlag

Cambridge, UK: Cambridge University Press

Erscheinungsjahr

2010

Link zum Volltext

Quelle

PAIS Index

Beschreibungen/Notizen

• The European Court of Human Rights is currently considering several German cases on the autonomy of religious organizations or churches within secular German labor law and resulting conflict resolution issues that arise within religious communities. In the past, the European Court of Human Rights has consistently underlined the importance of church autonomy, relying on the European Convention of Human Rights and Fundamental Freedoms Article 9 guarantees of 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. Implementing these provisions in the context of religious autonomy, the Court has critically noted: [T]he autonomous existence of religious communities is indispensable for pluralism in a democratic society and is, thus, an issue at the very heart of the protection which Article 9 affords.… The right [of religious communities] to an autonomous existence is at the very heart of the guarantees in Article 9.