Immigrants or new religious minorities?

This contribution inquires about the conformity of restrictions of religious practices of groups formed by recent immigration with the right to freedom of religion from the perspective of the United Nations Human Rights Committee and the European Court of Human Rights (ECtHR). It finds that different perceptions of these groups’ position in society, namely whether they are seen as immigrants or minorities, have led to a conflict in the interpretation of the right to freedom of religion. To resolve this conflict, the ECtHR should adapt its practice, since it is not in line with the aims of human rights protection.