NGOs under European Convention on Human Rights / Tymofeyeva

the unconcerned. 758 As far as pluralism is indivisible from a democratic society, the autonomous existence of religious communities is indispensable for pluralism in the country. The protection of personal beliefs must promote rather than discourage mutual respect for and tolerance of others’ ideas. The duties of a state under the Convention go beyond the responsibility of merely refraining from interfering with Article 9 rights. The state may be required to take positive action to ensure that the right is effectively protected. 759 At the same time, the interests of pluralism dictate that those holding religious beliefs cannot expect to have these beliefs protected against all criticism and must tolerate and accept other’s denial of their religious beliefs and even the propagation by others of doctrines hostile to their faith. 760 Freedom of thought, conscience and religion as a human right is not limited only to Article 9 of the Convention, but can be found in other provisions, as well. For example, Article 2 of Protocol No. 1 to the Convention, in the context of the right to education, provides that the state shall respect the right of parents to ensure education and teaching in conformity with their own religious and philosophical convictions. 761 In addition, Article 14 of the Convention prohibits discrimination on the ground of religion or ‘other opinion’. Therefore, in some cases, the Court considers these Articles together and when it finds a violation of one of these provisions, it does not consider it necessary to examine the similar infringements. 762 The Court further reiterated that the Convention, including its Article 9 § 1, cannot be interpreted so as to impose an obligation on states to have the effects of religious marriages recognised as equal to those of civil marriages. 763 In addition, the Court noted that the right to manifest religion in teaching guaranteed by Article 9 of the Convention does not go so far as to entail an obligation to allow religious education in public schools or nurseries. 764 The right to freedom of thought, conscience and religion is not a passive quality, but also an active position where a person can manifest his or her beliefs. Moreover, a link exists with the freedoms set forth in Articles 10 and 11 of the Convention: the freedoms of expression and of assembly and association. 765 Article 9 of the Convention also embraces some of the values associated with the requirement of respect for private life under Article 8. 758 HARRIS, 2009, cited above, p. 426. 759 TULKENS, F. The European Convention on Human Rights and Church-State Relations: Pluralism vs. Pluralism. Cardozo Law Review, Vol. 30:6, p. 2586. 760 Otto-Preminger-Institut v. Austria , 20 September 1994, Series a no. 295-A. 761 TULKENS, cited above, p. 2575. 762 Refah Partisi (the Welfare Party) [GC], cited above, § 137. 763 Şerife Yiğit v. Turkey , no. 3976/05, 20 January 2009. 764 Savez crkava “Riječ života”, cited above, § 57. 765 MURDOCH, J. Freedom of thought, conscience and religion . A guide to the implementation of Article 9 of the European Convention on Human Rights. Human rights handbooks, No. 9. Strasbourg: Council of Europe, 2007, 12.

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