ABSTRACT

The European Court of Human Rights holds assumptions about religion, freedom of religion, secularism and public order that are used as justifications for restricting religious pluralism, while regarding religious freedom and democracy as potentially antagonistic. The Strasbourg Court's legal discourse has a strong impact not only on the parties involved in the specific cases but also on the human rights adjudications throughout Europe. The Court enjoys a high degree of prestige in establishing standards for the protection of freedom of religion, and its impact extends beyond the European borders. The European Court adheres to a rather light and narrow conception of democracy, thereby endangering the participation of cultural minorities in the name of preserving the secular nature of the state. The Strasbourg Court has not been sensitive enough to admit interpretations of the freedom of religion from different perspectives. The Strasbourg Court is home to a value-pluralist tradition, which rests on the recognition of diversity and accommodation of competing claims.