The The European Court of Human Rights’ Approach in the Protection of Rights of Religious Minority Groups

Abstract

The European Court of Human Rights (ECtHR) is reluctant to distinguish the group right qua group. However, it is impossible to ignore the group dimension in the right to freedom of religion. Such a dimension is clearer in the manifestation of beliefs, which require more common practices than mere beliefs. The Court's decisions when dealing with the freedom of religion tend to be inconsistent because it considers the unique social and political situation of each member state. This limits the scope of the right to freedom of religion and the range of protection of a group's religious rights. Using a literature review and analyzing the case law, this paper highlights the inconsistencies in the Court’s decisions in relation to acknowledging minorities’ religious rights.