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Limiting religious freedom for achieving the goal of "living together"

Publication |
2015

Abstract

The article explores the requirements of "living together" as a possible ground for limiting religious freedom under the European Convention on Human Rights. It analyses the S.

A. S. v.

France judgement of the Grand Chamber of the European Court of Human Rights which introduced this limitation, and explains how the ban on face covering in France (the so called "burka ban") came into being. The author opines that the concept of "living together" is vague and hardly distinguishable from other concepts such as public morals or public order.

The introduction of the concept into the case law of the European Court of Human Rights poses a threat to religious freedom in the Council of Europe states because it can be easily invoked by governments suppressing religious practices of unpopular minorities.