7 - A Range of Forum Internum Protection under ECHR Article 9

Summary

Chapter 7 forms the second of the two chapters examining cases which one would expect to fall into the middle circle in the loose concentric circles model, where both forum internum relevance and countervailing factors may both be strong or both be weak and, as such, for the degree of protection offered to depend heavily on the way in which the ECtHR balances the factors. Chapter 7 examines cases in which applicants have objected to acting contrary to their religion or belief, or have objected to disclosing their religion or belief. Again, this chapter seeks to show that the ECtHR’s approach is consistent with its general principles concerning Article 9 as the ECtHR balances factors indicating a violation (primarily, but not only, forum internum relevance) with countervailing factors indicating no violation, to reach its decision. This chapter reiterates that the fact-sensitive nature of such cases means that protection offered ranges from a high to a low degree depending on the particular circumstances of the case.