Nr. 1/2024MARIA D’ARIENZO State restrictions on the right to religious freedom in the ECHR case-law
Nr. 1/2024DAVID KOBEL End-of-life decisions in connection with Article 9 in the practice of ECtHR
ABSTRACT
Can religion remain unrelated to politics? Probably not, because religion, despite the process of secularization, remains a fundamental component of the lives of many human beings and is reflected in every choice in their lives, including political ones. On this premise, the paper examines the reasons why religious political parties, if they respect the principles of democracy and the rule of law, should be allowed into the political arena, like any other political actor, and, at the same time, the limits that can legitimately be placed on the existence and activity of such parties in a democratic state. The analysis is conducted on the basis of the existing European legal framework, with reference to both the European Union and the Council of Europe, as well as the case law of the European Court of Human Rights, which has dealt with religiously oriented political parties on several occasions. Particular attention is devoted to the issue of Islamist parties, which are spreading in Europe and which more than others worry political observers and public opinion because of their potential conflicts with democratic rules and the principle of secularism.
KEYWORDS
Religious parties; religious political identity; democracy; secularism; Islam.