Philosophy - Religion in Europe

What are the three freedoms regarded by European institutions as one of the foundations of a democratic society?

Freedom of thought, conscience, and religion are regarded as one of the foundations of a democratic society

What has been the treatment over the last decades for these rights or freedoms?

Over the last decades, these rights have been gradually integrated, recognized, and protected through various regional human rights instruments, such as the European Convention on Human Rights (1950)

What are the same fundamental values shared by the Council of Europe and the European Union?

Both share the fundamental values of human rights, democracy, and the rule of law

What are the two most important documents dealing with religious rights for the European Union (EU)?

1. The Charter of Fundamental Rights of the European Union (legally binding)
   

2. The EU Guidelines on the Promotion and Protection of Freedom of Religion or Belief (policy-oriented, non-binding)

5. Explain the two religious freedoms granted by Article 9 of the European Convention on Human Rights (ECHR).

• Article 9.1 (“granting clause”): Guarantees freedom of thought, conscience, and religion, including the right to change religion and to manifest it in worship, teaching, practice, and observance.
  

• Article 9.2 (“limitations clause”): Allows restrictions on the manifestation of religion only if prescribed by law and necessary for public safety, order, health, morals, or the rights of others
  

6. Explain what is “forum internum” and “forum externum.”

• Forum internum: The internal realm of beliefs — absolute freedom to have or not to have beliefs, which cannot be limited by the State.
  

• Forum externum: The external manifestation of religion or belief — can be limited under the conditions in Article 9.2

7. Explain why Article 9 is also important for atheists and agnostics.

Because the Court recognizes that freedom of thought, conscience, and religion is vital not only for believers but also a precious asset for atheists, agnostics, skeptics, and the unconcerned—ensuring pluralism in a democratic society

8. Mention the three limitations of clause 9.2

State limitations on manifesting religion must be:

1. Prescribed by law (clear and accessible)
   

2. In furtherance of a legitimate aim — public safety, order, health, morals, or rights of others

3. Necessary in a democratic society — proportionate to the harm prevented
   

9. What treatment are citizens of minorities given according to the Framework Convention for the Protection of National Minorities?

They are guaranteed freedom to manifest their religion, establish religious institutions, and preserve their religious identity. States must ensure non-discrimination, equality, and conditions that allow minorities to express and develop their religious and cultural heritage.

10. What is the right of conscientious objection, and why is it important to have it recognized by law (Article 10 of the EU Charter)?

Conscientious objection is the right to refuse actions (e.g., military service) that contradict one’s moral or religious beliefs.
It’s important because it protects individual conscience and moral integrity, ensuring that citizens are not forced to act against their deeply held beliefs.

11. Make an argument on the banning of crucifixes in public schools of France.

The ban on crucifixes in public schools supports the principle of secularism (laïcité), ensuring neutrality of the State and preventing religious symbols from influencing students. However, opponents argue that it may restrict freedom of religious expression protected by Article 9 ECHR, showing the tension between secularism and freedom of religion.

12. Make an argument on the prohibition by some EU members of halal and kosher meat.

Supporters claim the prohibition protects animal welfare and aligns with public morals under Article 9.2 limitations.
Critics argue it violates the right to manifest religion (forum externum) for Muslim and Jewish minorities, limiting religious dietary practices and cultural identity, contrary to the Framework Convention’s protection of minorities