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Groningen Journal of International Law
Article . 2025 . Peer-reviewed
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The Principle of Religious Neutrality in ECtHR and CJEU Jurisprudence: When Neutral Becomes Biased

Authors: Mihnea-Radu Curta;

The Principle of Religious Neutrality in ECtHR and CJEU Jurisprudence: When Neutral Becomes Biased

Abstract

Even though the principle of neutrality aims, at theoretical level, to ensure absence of coercion, preference, and arbitrary, unjustified State interference with the right to freedom of religion, often, in practice, this is not the case. This is proven by the above interplay between the theoretical scope and the practical outcomes of the use of the principle by the ECtHR. What should protect the right to freedom of religion, often results in allowing States’ violations of the right, based on certain political, philosophical stances such as secularism. Nevertheless, one should not confuse secularism with religious neutrality and liberalism. In this sense, the next phrase should encompass the often blurred, but crucial difference between secularism and religious neutrality and liberalism: ‘The beginning of wisdom in this contentious area of law is to recognize that neutrality and secularism are not the same thing. In the marketplace of ideas, secular viewpoints and ideologies are in competition with religious viewpoints and ideologies. It is no more neutral to favour the secular over the religious than it is to favour the religious over the secular. It is time for a reorientation of constitutional law: away from the false neutrality of the secular state, toward a genuine equality of the rights’.

Keywords

echr, bias, cfr, freedom of religion, principle of neutrality, K, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Published in a Diamond OA journal