Freedom of Religion in UK Law

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

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

    c. Limitations on the exercise of the Freedom of Religion must be provided for by law and respect the essence of the rights and freedoms recognised by the Charter. They must be proportionate and made only if necessary and genuinely meet the objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others. (Art 52 of the Charter)

    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 Dec 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.

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Legislation
  • Bermuda Constitution Order 1968
    • UK Non-devolved
    • January 01, 1968
    ...... CHAPTER I . PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL . Section . 1. Fundamental rights and freedoms of the ... 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 ......
  • Human Rights Act 1998
    • UK Non-devolved
    • January 01, 1998
    ...... An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights to make provision ...proceedings). S-13 . Freedom of thought, conscience and religion. 13 Freedom of thought, conscience and religion. . (1) If a court's ......
  • The Turks and Caicos Islands Constitution Order 2011
    • UK Non-devolved
    • January 01, 2011
    ...... Christian culture, values and principles, tolerant of other religions; . Affirm their intention to: . maintain the highest standards of ... pursuing dignity, prosperity, equality, love, justice, peace and freedom for all; . ensure a vibrant diversified economy, work to provide full ......
  • Canada Act 1982
    • UK Non-devolved
    • January 01, 1982
    ...... CONSTITUTION ACT, 1982 . I . Canadian Charter of Rights and Freedoms Part I . Canadian Charter of Rights and Freedoms . Whereas Canada is ... . a . ) freedom of conscience and religion;. . . . b . ) freedom of thought, belief, opinion and expression, ......
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Books & Journal Articles
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Law Firm Commentaries
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