The Freedom to Manifest Religious Belief: An Analysis of the Necessity Clauses of the ICCPR and the ECHR

Abstract

necessity clauses.Part III will evaluate several current laws and argue that certain recurring language in the laws is problematic under the ICCPR and the ECHR.Part IV will describe and critique the "principle of secularism" as a distinct justification for restricting religious freedom.This Part will argue that the principle of secularism as it is being defined and applied, particularly in EC jurisprudence, is not a sufficient justification for restrictions on religious freedom.Finally, Part V will consider the case of a Swedish pastor who was convicted for preaching against homosexuality as a test case for application of the laws discussed in Part III and the principle of secularism discussed in Part IV.This part will contend that the Swedish pastor's conviction was not justifiable under the ECHR and the ICCPR necessity clauses, and that to the extent the laws discussed in Part III and the principle of secularism discussed in Part IV can be read to proscribe the pastor's sermon, they violate the two instruments and should not be given effect.I.

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