Religious Pluralism in Europe and the Jurisprudence of the Tribunal of Strasbourg

Authors

  • R. Mazzola Ordinario di Diritto ecclesiastico. Università di Milano.

Keywords:

Democracy – Religious Freedom – Pluralism – European Court of Human Rights – Fundamental Rights.

Abstract

The present article focuses upon the significance of the value of religious pluralism as developed by the case-law of the Strasbourg Court. The discussion moves from an examination of the interpretation given by the latter to the principle of pluralism and the connection with models of democracy. The undisputed value of religious pluralism in contemporary societies, however, comes into conflict with those social dynamics that are hostile to cultural and religious diversity: hence the testimony of the important role of the ECHR in ensuring the democratic principles established in national constitutions. However, the aspiration of the Court to be the guardian of the principles enshrined in the Convention often clashes with technical difficulties (e.g. the Court’s internal procedures ) and even more with the resistance of some Member States to follow its rulings.

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Published

2013-06-15

Issue

Section

Doctrinal Issues