This chapter examines the protection of religious and cultural practices under the European Convention on Human Rights, focusing on the tension between individual identity claims and competing public interests. It argues that the regulation of cultural practices, ranging from worship, dietary rules, and religious symbols to non-traditional philosophical commitments, constitutes the most complex dimension of cultural identity protection. The chapter analyzes the central role of Article 9 ECHR, including its broad coverage of religious and comparable beliefs, and reviews the Court’s case law on state neutrality, positive obligations, and protection from inter-religious hostility. Particular attention is given to the Court’s emerging accommodation logic, especially in contexts such as detention and institutional settings, where proportionality and “fair balance” analysis increasingly resembles a de facto duty of reasonable accommodation without being expressly recognized as such. The chapter then critiques a persistent doctrinal limitation in Article 9 jurisprudence: the distinction between “essential” and “non-essential” manifestations of belief, which risks privileging orthodox or institutionalized religion and marginalizing lived or individualized practices. Overall, the chapter shows that Strasbourg protection remains highly context-dependent and often deferential, with minority practices frequently constrained by broad state justifications grounded in security, neutrality, or social cohesion.

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Religious and Cultural Practices

  • Nikolaos Gaitenidis

摘要

This chapter examines the protection of religious and cultural practices under the European Convention on Human Rights, focusing on the tension between individual identity claims and competing public interests. It argues that the regulation of cultural practices, ranging from worship, dietary rules, and religious symbols to non-traditional philosophical commitments, constitutes the most complex dimension of cultural identity protection. The chapter analyzes the central role of Article 9 ECHR, including its broad coverage of religious and comparable beliefs, and reviews the Court’s case law on state neutrality, positive obligations, and protection from inter-religious hostility. Particular attention is given to the Court’s emerging accommodation logic, especially in contexts such as detention and institutional settings, where proportionality and “fair balance” analysis increasingly resembles a de facto duty of reasonable accommodation without being expressly recognized as such. The chapter then critiques a persistent doctrinal limitation in Article 9 jurisprudence: the distinction between “essential” and “non-essential” manifestations of belief, which risks privileging orthodox or institutionalized religion and marginalizing lived or individualized practices. Overall, the chapter shows that Strasbourg protection remains highly context-dependent and often deferential, with minority practices frequently constrained by broad state justifications grounded in security, neutrality, or social cohesion.