State and Church Relationships under the European Convention on Human Rights: A Value Framework for State Action

Abstract

As they impact the condition of religious groups, and in fine that of the very individuals composing them, state-church relationships are an important dimension of religious freedom. The way states interact with religious groups, communities, and associations has a decisive impact on the religious condition of their members, in their effort to develop their religious beliefs or practices. Therefore, the purpose of this article is to explore the European Court of Human Rights’ regulation of state-church relationships. The research focuses on ECtHR’s judgments issued on article 9, either autonomously or in connection with article 11 of the European Convention on Human Rights. It also considers cases adjudicated upon article 2 of Protocol I to the Convention. For optimal consistency with Europe’s social evolution, however, special attention was given to those cases issued from early 2011. The article argues that behind the margin of appreciation granted for states to enact any system they see fit, the Court puts forward limits they cannot trespass. Indeed, the systems adopted have to abide by the values underlying the Convention as a whole. The article argues said values materialize a global framework that unifies states into one European global approach, thus giving a further illustration of the oligopolistic Pluralism that the Court develops in its regulation of individual religious freedom.