European Convention on Human Rights 1950

It is generally believed that human rights, and in particular the freedom of religion, constitute the European answer to centuries of war, first about religion—the famous ‘Wars of Religion’ of the seventeenth century—and later between nations. Reality is more complex though, and also more ambiguous. Establishing peace and human rights may have been important motivations and objectives, but the actual formulation of rights was the product of several forces. Moreover, people in the past did not always hold the same opinions and values than are the norm today. Hence in this chapter we offer a broad and critical perspective on the development of human rights in Europe after the American Bill of Rights and the Declaration of Man and of the Citizen of 1789. Our approach will contrast with the traditional narrative of progress though, as this does not match the actual development of human rights. Instead, we take into account the complexities, paradoxes if not blatant contradictions and, not least, unintended consequences. That may look overwhelming at first, but actually our approach will help the reader (and also young people) to make sense of their world more than overly simplifying it. The historical examples will become far more relevant, as the dilemmas of the past are challenges of the present as well. Confronting this history can be a fruitful learning experience. We will focus on religious freedom and protections against religious discriminations, without losing sight of human rights more broadly.