Freedom of Thought Conscience and Religion in UK Law

In this Topic
Leading Cases
  • R (Williamson) v Secretary of State for Education & Employment
    • Queen's Bench Division (Administrative Court)
    • 15 Nov 2001

    (ii) Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

    It is envisaged that it will be needed only for rare cases of relatively serious indiscipline. The parents wish it to be administered in such circumstances because they consider it to be a more efficacious method of securing appropriate discipline. I do not think that it is appropriate to describe a belief that one measure is more effective than another as a philosophical or religious conviction even if the reason for holding that belief is that it is supported by a religious text.

  • R (Williamson) v Secretary of State for Education & Employment
    • House of Lords
    • 24 Feb 2005

    The atheist, the agnostic, and the sceptic are as much entitled to freedom to hold and manifest their beliefs as the theist. These beliefs are placed on an equal footing for the purpose of this guaranteed freedom. In particular, for its manifestation to be protected by article 9 a non-religious belief must relate to an aspect of human life or behaviour of comparable importance to that normally found with religious beliefs.

  • Hall and another v Bull and another
    • Court of Appeal (Civil Division)
    • 10 Feb 2012

    The judge concluded that the restriction constituted discrimination and was on the grounds of sexual orientation. Mr and Mrs Bull contend that this conclusion is wrong because they apply the restriction to persons of heterosexual and homosexual orientation alike if they are not married. But, in agreement with Rafferty LJ, that cannot, in my view, be a sufficient answer. This conclusion is not affected by the existence or terms of Regulation 3(4).

  • R (Begum) v Governors of Denbigh High School
    • House of Lords
    • 22 Mar 2006

    The Strasbourg institutions have not been at all ready to find an interference with the right to manifest religious belief in practice or observance where a person has voluntarily accepted an employment or role which does not accommodate that practice or observance and there are other means open to the person to practise or observe his or her religion without undue hardship or inconvenience. The Commission found (p 109) no interference with her article 9 right because (p 108)

    There is no shift to a merits review, but the intensity of review is greater than was previously appropriate, and greater even than the heightened scrutiny test adopted by the Court of Appeal in R v Ministry of Defence, Ex p Smith [1996] QB 517, 554. The domestic court must now make a value judgment, an evaluation, by reference to the circumstances prevailing at the relevant time ( Wilson v First County Trust Ltd (No 2) [2003] UKHL 40, [2004] 1 AC 816, paras 62-67).

    I accept that wearing a jilbab to a mixed school was, for her, a manifestation of her religion. But her right was not in my opinion infringed because there was nothing to stop her from going to a school where her religion did not require a jilbab or where she was allowed to wear one. Article 9 does not require that one should be allowed to manifest one's religion at any time and place of one's own choosing. Her family had chosen that school for her with knowledge of its uniform requirements.

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Legislation
  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Act to give further effect to rights and freedoms guaranteed under the European Convention on Human ...proceedings). S-13 . Freedom of thought, conscience and religion. 13 Freedom of thought, ......
  • Marriage and Civil Partnership (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... SAME SEX MARRIAGE: PROTECTION OF FREEDOM OF EXPRESSION ETC. . S-16 . Same sex marriage: ...(a) the Convention right to freedom of thought, conscience and religion,. . . (b) the ......
  • The Cayman Islands Constitution Order 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ...... Christian values, tolerant of other religions and beliefs. . A country with open, responsible ... values of human dignity, equality and freedom. . A community that practises honest and open ...SCH-2.10 . . 10. Conscience and religion . (1) No person shall be hindered ... Freedom of conscience includes freedom of thought and of religion or religious denomination; ......
  • The Pitcairn Constitution Order 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ......2 . FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL PART 2 . FUNDAMENTAL RIGHTS ...SCH-2.12 . . 12. Freedom of thought, conscience and religion . (1) Everyone has the ......
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Books & Journal Articles
  • Book Review: The Freedom of Thought, Conscience and Religion or Belief in the United Nations (1946–1992)
    • Núm. 19-3, Septiembre 2001
    • Netherlands Quarterly of Human Rights
  • Framing Multicultural Challenges in Freedom of Religion Terms
    • Núm. 30-4, Diciembre 2012
    • Netherlands Quarterly of Human Rights
    Multicultural challenges in Europe are being framed in human rights language, and in particular in terms of the freedom of thought, conscience and religion. The question is whether the practical ca...
    ...... right s language, and in particular in terms of th e freedom of thought, conscience and relig ion.  e question is whether the practical ......
  • Big brother RIP?
    • Núm. 2001, Enero 2001
    • Financial Management (UK)
    • Nickson, Sue
    • Human Rights Act (HRA - Brief Article
    ...... of Human Rights and Fundamental Freedoms. . These principles include the right to: . * not ... against on grounds such as sex, race, religion and political opinion; . * a fair trial; . * ...* freedom of thought, conscience and religion; . * freedom of ......
  • New Books
    • Núm. 19-3, Septiembre 2001
    • Netherlands Quarterly of Human Rights
    ...... thereby dejure or defacto limiting the freedoms of the non-Islamic residents or citizens in ... (c) how dynamic is this freedom of thought, conscience and religion. The set-up itself ......
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Law Firm Commentaries
  • Protection against religious discrimination in the workplace
    • LexBlog United Kingdom
    The European Court of Human Rights has recently ruled in the cases of four individuals who were unsuccessful in their claims in the UK courts for religious discrimination at work.  All four applica...
    ......, brought claims relying on Article 9 (freedom of thought, conscience and religion) and Article ......
  • Employee dismissed for discussing their religious beliefs at work – can it ever be fair?
    • JD Supra United Kingdom
    Employers are usually advised to exercise extreme caution where an employee's religion or beliefs are a factor in their own disciplinary process. Article 9 of the European Convention on Human Right...
    ...... extreme caution where an employee's religion or beliefs are a factor in their own disciplinary ... (ECHR) provides everyone the right to freedom of thought, conscience and religion (with this ......
  • Facebook Fury And A Fair Dismissal - Teggert v Teletech
    • Mondaq United Kingdom
    ...... respect for private and family life), 9 (freedom of thought, conscience or religion) and 10 ......
  • Religious Beliefs And EHC
    • Mondaq United Kingdom
    ...... "Everyone has the right to freedom of thought, conscience and religion; this right ......
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