Freedom of Religion in UK Law

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

    But, emphatically, it is not for the court to embark on an inquiry into the asserted belief and judge its 'validity' by some objective standard such as the source material upon which the claimant founds his belief or the orthodox teaching of the religion in question or the extent to which the claimant's belief conforms to or differs from the views of others professing the same religion.

  • R (Begum) v Governors of Denbigh High School
    • Court of Appeal (Civil Division)
    • 02 Marzo 2005

    I turn now to the third question. For the purposes of this case, SB's freedom to manifest her religion or beliefs may only be subject to limitations that are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public morals, or for the protection of the rights and freedoms of others.

  • R (Begum) v Governors of Denbigh High School
    • House of Lords
    • 22 Marzo 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.

  • MN and Others (Ahmadis- country conditions - risk) Pakistan CG
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 20 Junio 2012

    d. There is no basis for distinguishing interference with core aspects from interference with marginal areas of the right to freedom of religion. This is because of the broad definition of religion in Art 10(1)(b) of the Directive.

    These arguably positive matters however do not provide an answer to important questions. The way in which the Ahmadi faith may be practised emblematized and preached in Pakistan is constrained by the criminal law with potentially severe sanctions if breached. Is it reasonable to expect Ahmadis to show restraint and not freely manifest their faith in areas that are of particular importance to the individual concerned through obedience to the anti Ahmadi legislation to avoid prosecution?

  • Ullah v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 16 Diciembre 2002

    For these reasons we hold that a removal decision to a country that does not respect Article 9 rights will not infringe the HRA where the nature of the interference with the right to practice religion that is anticipated in the receiving state falls short of Article 3 ill-treatment.

  • Douglas v Hello! Ltd (No 1)
    • Court of Appeal (Civil Division)
    • 21 Diciembre 2000

    The European Court of Human Rights has always recognised the high importance of free media of communication in a democracy, but its jurisprudence does not – and could not consistently with the Convention itself – give Article 10(1) the presumptive priority which is given, for example, to the First Amendment in the jurisprudence of the United States' courts. Everything will ultimately depend on the proper balance between privacy and publicity in the situation facing the court.

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Legislation
  • Bermuda Constitution Order 1968
    • UK Non-devolved
    • 1 de Enero de 1968
    ... ... 8. Protection of freedom of conscience ... (a) Rev. III, p. 119 ... (b) S.I. 1953 II, p ... this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in ... ...
  • The Turks and Caicos Islands Constitution Order 2011
    • UK Non-devolved
    • 1 de Enero de 2011
    ... ... pursuing dignity, prosperity, equality, love, justice, peace and freedom for all; ... ensure a vibrant diversified economy, work to provide full ... , national or social origin, political or other opinion, colour, religion, language, creed, association with a national minority, property, sex, ... ...
  • The Cayman Islands Constitution Order 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ... ... A country in which religion finds its expression in moral living and social justice ... A caring ... committed to the democratic values of human dignity, equality and freedom ... A community that practises honest and open dialogue to ensure ... ...
  • Federation of Malaya Independence Order in Council, 1957
    • UK Non-devolved
    • 1 de Enero de 1957
    ... ... ARRANGEMENT OF ARTICLES ... THE STATES, RELIGION AND LAW OF THE FEDERATION ... 1. The name, States and territories of the ... 8. Equality ... 9. Prohibition of banishment and freedom of movement ... 10. Freedom of speech, assembly and association ... ...
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Books & Journal Articles
  • Accommodating Social Security and Freedom of Religion
    • No. 17-3, September 2015
    • European Journal of Social Security
    • 0000
    In this article I explore how national and European law deal with situations where the right to social security, and, more broadly, the law on social security, seem to conflict with the freedom of ...
  • Framing Multicultural Challenges in Freedom of Religion Terms
    • No. 30-4, December 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...
  • The Distinction Between the Freedom of Religion and the Right to Manifest Religion
    • No. 22-3, September 2013
    • Social & Legal Studies
    In this article, I explore what kind of individual is presupposed and promoted as the subject of the right to freedom of religion in Article 9 of the European Convention on Human Rights. I question...
  • Freedom of Religion in the Brazilian Supreme Court in a Period of Three Decades
    • No. 9-3, July 2020
    • British Journal of American Legal Studies
    • Fernanda Duarte, Rafael Mario Iorio Filho
    • Professor of Law, Federal Judge, Ph.D. ? PPGD/UNESA, PPGJA e INCT-InEAC/UFF/Professor of Law, Ph.D. - PPGD/UNESA, PPGJA e INCT-InEAC/UFF
    • 441-460
    Judicial institutions which provide legal mechanisms for conflict resolution play an important role in maintaining the social order of complex societies. Weaknesses in the performance of their duti...
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Law Firm Commentaries
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