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The European Court of Human Rights and intragroup religious diversity: a critical review

(2014) CHICAGO-KENT LAW REVIEW. 89(2). p.663-687
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  • ERC-funded Project "Strengthening the European Court of Human Rights: More Accountability through Better Legal Reasoning"
Abstract
This Article examines the ways in which one of the most established human rights courts - the European Court of Human Rights - encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court's degree of attentiveness to internal group diversity by scrutinizing the filters employed to determine whether certain practices "counts" as manifestations of claimants' religion. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of internal group diversity. The Article further contends that making these filters more porous to such diversity requires reconsidering implicit understandings of religion and eschewing assumptions of orthodoxy about certain religious groups, especially when these assumptions are formulated in ways that fix and naturalize some religious practices as the defining ones for the entire group.
Keywords
religion, intragroup diversity, European Court of Human Rights, freedom of religion

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Citation

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MLA
Peroni Manzoni, Maria de Lourdes. “The European Court of Human Rights and Intragroup Religious Diversity: a Critical Review.” CHICAGO-KENT LAW REVIEW 89.2 (2014): 663–687. Print.
APA
Peroni Manzoni, M. de L. (2014). The European Court of Human Rights and intragroup religious diversity: a critical review. CHICAGO-KENT LAW REVIEW, 89(2), 663–687.
Chicago author-date
Peroni Manzoni, Maria de Lourdes. 2014. “The European Court of Human Rights and Intragroup Religious Diversity: a Critical Review.” Chicago-kent Law Review 89 (2): 663–687.
Chicago author-date (all authors)
Peroni Manzoni, Maria de Lourdes. 2014. “The European Court of Human Rights and Intragroup Religious Diversity: a Critical Review.” Chicago-kent Law Review 89 (2): 663–687.
Vancouver
1.
Peroni Manzoni M de L. The European Court of Human Rights and intragroup religious diversity: a critical review. CHICAGO-KENT LAW REVIEW. 2014;89(2):663–87.
IEEE
[1]
M. de L. Peroni Manzoni, “The European Court of Human Rights and intragroup religious diversity: a critical review,” CHICAGO-KENT LAW REVIEW, vol. 89, no. 2, pp. 663–687, 2014.
@article{4424455,
  abstract     = {This Article examines the ways in which one of the most established human rights courts - the European Court of Human Rights - encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court's degree of attentiveness to internal group diversity by scrutinizing the filters employed to determine whether certain practices "counts" as manifestations of claimants' religion. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of internal group diversity. The Article further contends that making these filters more porous to such diversity requires reconsidering implicit understandings of religion and eschewing assumptions of orthodoxy about certain religious groups, especially when these assumptions are formulated in ways that fix and naturalize some religious practices as the defining ones for the entire group.},
  author       = {Peroni Manzoni, Maria de Lourdes},
  issn         = {0009-3599},
  journal      = {CHICAGO-KENT LAW REVIEW},
  keywords     = {religion,intragroup diversity,European Court of Human Rights,freedom of religion},
  language     = {eng},
  number       = {2},
  pages        = {663--687},
  title        = {The European Court of Human Rights and intragroup religious diversity: a critical review},
  volume       = {89},
  year         = {2014},
}