Freedom of religion is of classical value. It concerns everyone and therefore has attracted much of research activity worldwide.
The purpose of this paper is to present the freedom of religion as it is included in the Constitutions of two EU Member States with a different cultural and historical background, Greece and the Netherlands. The starting point will be the constitutional history of the countries concerning this specific freedom and its constitutional development up to nowadays. A brief case-law analysis of important ECHR cases is also included. Afterwards, a comparative approach is attempted with reference to the major historical and social facts that influenced changes and policies adopted within the status of freedom of religion in Greece and the Netherlands.
Table of Contents
1. Introduction
2. Fundamental rights as a general notion
3. Limits of fundamental rights
4. The importance of religious freedom
5. The freedom of religion in the Netherlands
5.1 The development of religious freedom in the Constitution of the Netherlands
5.2 The structure of freedom of religion in the Constitution of the Netherlands
5.3 Religious freedom in other constitutional provisions
6. The freedom of religion in Greece
6.1 The development of religious freedom in the Constitution of Greece
6.2 The structure of freedom of religion in the Constitution of Greece
6.3 Religious freedom in other constitutional articles
7. The position of ECHR towards religious freedom
7.1 ECHR case-law of the Netherlands
7.2 ECHR case-law of Greece
8. Comparison of the Constitutions
9. Concluding remarks
Research Objectives and Core Themes
This paper aims to analyze and compare the legal frameworks, core concepts, and limitations surrounding the freedom of religion in the Greek and Dutch legal systems. Through a comparative approach, the study explores how these democratic states protect this fundamental right within their constitutional structures, examines the impact of historical religious traditions on contemporary legislation, and evaluates the interpretation of religious freedom through the case-law of the European Court of Human Rights.
- Comparative analysis of constitutional provisions regarding religious freedom in Greece and the Netherlands.
- The historical development and current status of State-Church relations in both countries.
- Interpretation and application of limitations on religious rights, including public order and moral principles.
- The influence of international standards, specifically ECHR jurisprudence, on national law and policy.
Excerpt from the Book
4. The importance of religious freedom
As it is explicitly mentioned in the introduction, this paper will focus on a specific fundamental right, the freedom of religion. At that point it would be interesting to understand why this fundamental right is so important and must be protected in a constitutional level.
First of all, according to the semantic content of “freedom of religion”, this fundamental right refers to religion. The definition of religion is hard to be given; furthermore, the most recognized Court as competent in human rights issues has not given, up to now, in its case-law, any specific definition of what it is religion and what is not. Nevertheless, the Court has underlined in various cases the importance of religious freedom. In Kokkinakis vs. Greece, in Buscarini and Others vs. San Marino and in van Schijndel, van der Heyden and Leenman vs. the Netherlands, the Court has specifically stated that “as enshrined in article 9, freedom of thought, conscience and religion is one of the foundations of a “democratic society” within the meaning of the Convention. It is, in its religious dimension, one of the vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned. The pluralism in dissociable from a democratic society, which has been dearly won over the centuries, depends on it”. Plus in various cases the Court has established elements that the freedom of religion consists of. A definition of religion as it is related to law is given and can be elucidated as “a practice of ultimate concern about our nature and obligations as human beings, inspired by experience and typically expressed by members of a group or community sharing myths and doctrines whose authority transcends both individual conscience and the state”. In order for the purpose of religion to be achieved, it is based on a set of values that people have to follow.
Summary of Chapters
1. Introduction: Discusses the imperative need for the protection of fundamental human rights, specifically religious freedom, within the context of 21st-century globalization.
2. Fundamental rights as a general notion: Explores the conceptual framework of fundamental rights as established through constitutional norms and their role in a democratic state.
3. Limits of fundamental rights: Analyzes how and why fundamental rights are subject to limitations, categorizing them into inherent constraints and those necessitated by social reasons.
4. The importance of religious freedom: Examines the significance of religious freedom as a foundation for a democratic society and its role in human identity.
5. The freedom of religion in the Netherlands: Provides an overview of the constitutional history and current structure of religious freedom in the Netherlands, characterized by its secularist approach.
6. The freedom of religion in Greece: Details the constitutional history and current provisions regarding religious freedom in Greece, noting the unique role of the Orthodox Church.
7. The position of ECHR towards religious freedom: Analyzes how the European Court of Human Rights interprets and protects religious freedom through landmark case-law from both nations.
8. Comparison of the Constitutions: Synthesizes the differences and similarities between Greek and Dutch approaches to religious freedom, education, and state interaction.
9. Concluding remarks: Summarizes key findings regarding how historical background and political tradition influence modern constitutional interpretations of religious freedom.
Keywords
Freedom of Religion, Fundamental Rights, Constitution, Greece, Netherlands, State-Church Relations, Human Rights, ECHR, Religious Pluralism, Secularism, Orthodox Church, Conscientious Objection, Proselytism, Religious Education, Democratic Society
Frequently Asked Questions
What is the primary subject of this publication?
The work provides a comparative legal analysis of how the freedom of religion is protected and limited within the constitutional systems of Greece and the Netherlands.
What are the central themes discussed in the book?
The central themes include the historical evolution of religious freedom in both countries, the legal definition and limitations of religious expression, the influence of state-church dynamics, and the role of international human rights law.
What is the main objective of the author?
The author aims to investigate how two different European states, with distinct historical and cultural backgrounds, interpret and apply the constitutional right to religious freedom while adhering to international norms.
Which scientific methods are utilized?
The research employs a comparative legal methodology, analyzing constitutional texts, historical developments, and significant jurisprudence from the European Court of Human Rights.
What does the main body of the work cover?
The main body systematically reviews the constitutional history of both countries, the specific structures of their religious freedom provisions, the role of education in religious consciousness, and the impact of ECHR rulings.
Which keywords characterize this study?
The study is characterized by terms such as religious freedom, constitutional law, comparative analysis, state secularism, human rights protection, and ECHR case-law.
How does the role of the Orthodox Church in Greece compare to Dutch secularism?
The work contrasts the historically influential, "prevailing" status of the Orthodox Church in the Greek constitution with the Dutch model, which is defined by a lack of formal constitutional ties between the state and any specific religion.
What does the author conclude about the state of religious freedom in Greece?
The author suggests that despite constitutional guarantees, the strong, traditional connection between the state and the Orthodox Church often creates obstacles to full religious pluralism and necessitates further legal revision.
- Quote paper
- Konstantinos Margaritis (Author), 2009, The Freedom of Religion and its Limits in Greece and the Netherlands: A Comparative Approach, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/177197
