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The future of religious freedom

Sandberg, Russell ORCID: 2017. The future of religious freedom. Smet, Stijn and Brems, Eva, eds. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?, Oxford: Oxford University Press, pp. 130-147.

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This chapter revisits Ladele contending that the way in which the case was argued resulted from a restrictive interpretation of Article 9 by UK courts. However, it is argued that such remain best adjudicated and understood as freedom of religion claims provided that the way in which such claims are argued and adjudicated upon needs to be improved. This chapter innovates by applying Ayelet Shachar’s call for ‘joint governance’, to the question of religious freedom as a human right for the first time before suggesting that a relational approach that emphasises relationships and the power roles within them is required.

Item Type: Book Section
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > KD England and Wales
Publisher: Oxford University Press
ISBN: 9780198795957
Last Modified: 21 Oct 2022 07:35

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