4 - A High Degree of Forum Internum Protection under ECHR Article 9

Summary

The chapters in Part II—which analyse the way in which the ECtHR applies its general principles relating to Article 9—follow the loose concentric circles model. Chapter 4 focuses on cases concerning deprogramming, coercive psychiatric treatment, indoctrination, and sanctions on employment due to religion or belief affiliation. These are the kinds of cases one would expect to fall into the innermost circle in the loose concentric circles model, where there is strongest forum internum relevance and weakest countervailing factors and, thus, a high degree of forum internum protection. Through the case law analysis, this chapter aims to demonstrate that the ECtHR’s approach is consistent with its general principles relating to Article 9. Even in these kinds of cases, the ECtHR does not offer absolutely absolute protection to the forum internum, rather, the ECtHR balances factors indicating a violation (primarily, but not only forum internum relevance) with countervailing factors in order to reach its decision. This chapter explains that the ECtHR only offers a very high degree of protection where it considers forum internum relevance to be strong and countervailing factors to be weak.