Oxford Journal of Law and Religion, 2015, Vol. 4, No. 1, 54–74
Over the past 20 years the European Court of Human Rights (ECtHR) has evolved into a conspicuous, often contentious, force in the multilevel battles over the place of religion in the European public sphere. In the light of scholarly debates questioning the direct effects of courts on the issues they address, this article explores how the nature and extent of European juridical influence on religious pluralism are better understood through developments taking place ‘in the shadow’ of the Court.
Specifically, what is the aftermath of the Court’s religion jurisprudence in terms of its applications at the grassroots level? And how might legal and political elites operating at the national and international levels influence the Court’s engagement with religion?
These questions are important because ECtHR case law will shape, to a large extent, both local and national case law and—less conspicuously but no less importantly—grassroots-level developments in the promotion of or resistance to religious pluralism, which will, in turn, influence the future of the ECtHR caseload.
Download: Fokas – OJLR 2015
ed. Silvio Ferrari, Routledge Handbook of Law and Religion, (2015) Abingdon: Routledge, 59-74
Intersections between law and religion are increasingly permeating the public sphere. A brief consideration of the ‘controversial issues’ section of the present volume serves as a reminder of religion-related issues regulated by laws, on the one hand, and mobilising mass publics – religious and secular alike – on the other. In all these cases at some level we find a disconnect between the workings of the laws and the workings of the societies in which these laws operate. It is at precisely this point that sociology as a discipline can bridge the gap.
Available here: https://www.routledge.com/products/9780415836425
New Diversities, 2015, Vol. 17, No. 1, 47-62
Intersections between religion and law are increasingly permeating the public sphere. From burqa bans to same-sex marriage, a strong relationship between religion and national identity (whether ‘negative’, as in the French case, or ‘positive’ as in the Greek case), can often be found as a central factor therein. Based on empirical research conducted on pluralism and religious freedom in Greece and other majority Orthodox countries, this article seeks to locate the religion-national identity link within the grey area at the intersection between religion and law. The voices of religious minority groups illustrate the blurred lines between the benign and the pernicious in banal manifestations of the religion-national identity link in the Greek context. Against the backdrop of the Greek example, the article then navigates through normative debates about whether and how limitations to the freedoms of religious minorities, in cases where these limitations are linked to the relationship between religion and national identity, can be effectively redressed.
Available here: http://newdiversities.mmg.mpg.de/wp-content/uploads/2015/10/2015_17-01_04_Fokas.pdf
ELIAMEP Briefing Notes, 2014, No. 32
On 12 June 2014, the Grand Chamber of the European Court of Human Rights (hereinafter the ECtHR or the Court) delivered its final and long-awaited judgment in Fernández Martínez v. Spain. The case concerns the non-renewal of the contract of a religion teacher by the Spanish State, because his personal status, as a married priest, was considered incompatible with the principles of the Catholic Church. Released a few days before another ECtHR judgment on a controversial religion issue, the French burqa ban, the present case raises important questions regarding the balance between two fundamental rights, the right to autonomy of religious institutions and the right to a private and family life of an individual.
Download: Emmanouilidou – ELIAMEP 2014