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Manifestations
from Part II - The ECtHR’s application of its general principles concerning the right to freedom of thought, conscience and religion in echr article 9
Published online by Cambridge University Press: 02 December 2023
Chapters 6 and 7 examine cases which one would expect to fall in 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 6 explores cases concerning limitations on proselytism, and the wearing of religious clothing and symbols. It seeks to show that, again, 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, in order to reach its decision. Given that such cases are highly fact sensitive, the degree of forum internum protection offered ranges from a high to a low degree depending on the particular circumstances of the case.
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