Freedom of religion has been constantly characterized as one of the foundations of a democratic society. On the other hand, the significance of physical education in the development of children's overall personality is beyond dispute. Thus, the question that arises is, What happens in a case of a conflict involving the above? The aim of this chapter is to provide an answer on the basis of the case law of the European Court of Human Rights. In particular, the fundamental cases of Dogru vs. France and Kervanci vs. France will be examined, as well as the recent case of Osmanoglu and Kocabas vs. Switzerland. Through the analysis of the cases, useful conclusions will be drawn on the possible impact of religious freedom on physical education.
TopFreedom Of Religion In The European Convention On Human Rights
The protection of freedom of religion is guaranteed in the European Convention on Human Rights (hereinafter: ECHR, the Convention), since the Convention came into force in 1953. In particular, article 9 states:
- 1.
Everyone Has the Right to Freedom of Thought, Conscience and Religion: This right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
- 2.
Freedom to Manifest One’s Religion or Beliefs Shall be Subject Only to Such Limitations as are Prescribed by Law and 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.
As can be easily observed, paragraph 1 refers to the right itself, including several aspects, such as the freedom to change religion and the freedom to manifest religion. The Court has emphatically underlined the importance of religious freedom stating that:
as enshrined in article 9, freedom of thought, conscience and religion is one of the foundations of a “democratic society” within the meaning of the Convention. It is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned. The pluralism indissociable from a democratic society, which has been dearly won over the centuries, depends on it. (Kokkinakis vs. Greece)
Therefore, religious freedom is proved to be crucial not only to believers, but also to atheists, agnostics, skeptics and the unconcerned since they can seek protection for their own ideas based on the very same provision. In that sense, pluralism is preserved that constitutes a key element in a liberal, democratic society.