Date: 12Apr 2017
Freedom of religion, encompassing also freedom to manifest religious affiliation in public, constitutes one of the most respected human rights. At the same time, public manifestations of religious sympathies may easily provoke negative reactions, particularly in situations involving religious minorities. Cultural sensitivities, fueled by the political context of present times, often result in a clash of values and interests which must be addressed in constitutional and international adjudication. In several European states, public manifestations of Islamic faith led recently to legislative responses and judicial interventions.
This lecture deals with the case-law of the European Courts on religious freedoms. It addresses three main issues: 1) what is the extent of state power to regulate private use of religious symbols in a public space; 2) to what extent religious grounds may compel the state to grant exemptions from general civic duties and obligations; 3) to what extent is the state allowed to display religious symbols on public premises.
The recent jurisprudence of the European Court of Human Rights is of a mixed nature. Since 2011, there has been several decisions significantly extended the scope of religious freedoms. At the same time, however, the Court upheld restrictions imposed on Islamic scarfs and burkas, very recently enlisting also some support of the EU Court of Justice.
Judge Lech Garlicki has worked at the Warsaw University since 1968 (since 1987 as full professor), in the years 1980-1993 was member of the Warsaw Bar, in the years 1993-2001 judge of the Constitutional Court of Poland and in the years 2002-2012 judge of the European Court of Human Right (president of the 4th Section in 2011-2012).
Judge Garlicki is vice-president of the International Association of Constitutional Law and one of the Founding Members of the European Law Institute. He is recently Cheng-Yu-Tung Visiting Professor at HKU and before served, as visiting professor, at HKU, Yale University, New York University, University of Chicago, Washington University in Saint Louis and Tel Aviv University.
He lectured at numerous universities in Europe, the United States, Israel, Japan, China and Hong Kong. He is author or editor of over 300 publications in different languages, including a five-volume Commentary to the 1997 Constitution of Poland and two-volume Commentary to the European Convention on Human Rights.
