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Procedural fairness as a vehicle for inclusion in the freedom of religion jurisprudence of the Strasbourg Court

(2016) HUMAN RIGHTS LAW REVIEW. 16(3). p.483-510
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  • ECHR (Strengthening the European Court of Human Rights: More Accountability through better legal reasoning)
Abstract
The increasing religious diversity in western Europe poses challenges for courts, including the European Court of Human Rights (‘the Court’), whose jurisprudence on the right to freedom of religion has been widely criticized for being too restrictive, unprotective and non-inclusive. This criticism mainly refers to the substantive aspect of the Court’s case law. Indeed when dealing with the question how the religious diversity can be best dealt with from a human rights perspective, the first focus of the Court should relate to the substantive inclusion of this diversity. However, in a diversity context it is inherently impossible to substantively accommodate all religious claims and needs. Building on the social psychology notion of procedural fairness, this article will show how, despite the impossibility of always providing applicants with favourable in- clusive outcomes in their case, the Court can, and should always, ensure that it communicates inclusion at a procedural level. It does so through an in-depth analysis of the Court’s Article 9 case law delivered from 1999 until today.
Keywords
religious diversity, European, Court of Human Rights, Freedom of religion, procedural justice, HRC

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Citation

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MLA
Ouald Chaib, Saïla. “Procedural Fairness as a Vehicle for Inclusion in the Freedom of Religion Jurisprudence of the Strasbourg Court.” HUMAN RIGHTS LAW REVIEW, vol. 16, no. 3, 2016, pp. 483–510.
APA
Ouald Chaib, S. (2016). Procedural fairness as a vehicle for inclusion in the freedom of religion jurisprudence of the Strasbourg Court. HUMAN RIGHTS LAW REVIEW, 16(3), 483–510.
Chicago author-date
Ouald Chaib, Saïla. 2016. “Procedural Fairness as a Vehicle for Inclusion in the Freedom of Religion Jurisprudence of the Strasbourg Court.” HUMAN RIGHTS LAW REVIEW 16 (3): 483–510.
Chicago author-date (all authors)
Ouald Chaib, Saïla. 2016. “Procedural Fairness as a Vehicle for Inclusion in the Freedom of Religion Jurisprudence of the Strasbourg Court.” HUMAN RIGHTS LAW REVIEW 16 (3): 483–510.
Vancouver
1.
Ouald Chaib S. Procedural fairness as a vehicle for inclusion in the freedom of religion jurisprudence of the Strasbourg Court. HUMAN RIGHTS LAW REVIEW. 2016;16(3):483–510.
IEEE
[1]
S. Ouald Chaib, “Procedural fairness as a vehicle for inclusion in the freedom of religion jurisprudence of the Strasbourg Court,” HUMAN RIGHTS LAW REVIEW, vol. 16, no. 3, pp. 483–510, 2016.
@article{8048470,
  abstract     = {The increasing religious diversity in western Europe poses challenges for courts, including the European Court of Human Rights (‘the Court’), whose jurisprudence on the right to freedom of religion has been widely criticized for being too restrictive, unprotective and non-inclusive. This criticism mainly refers to the substantive aspect of the Court’s case law. Indeed when dealing with the question how the religious diversity can be best dealt with from a human rights perspective, the first focus of the Court should relate to the substantive inclusion of this diversity. However, in a diversity context it is inherently impossible to substantively accommodate all religious claims and needs. Building on the social psychology notion of procedural fairness, this article will show how, despite the impossibility of always providing applicants with favourable in-
clusive outcomes in their case, the Court can, and should always, ensure that it communicates inclusion at a procedural level. It does so through an in-depth analysis of the Court’s Article 9 case law delivered from 1999 until today.},
  author       = {Ouald Chaib, Saïla},
  issn         = {1461-7781},
  journal      = {HUMAN RIGHTS LAW REVIEW},
  keywords     = {religious diversity,European,Court of Human Rights,Freedom of religion,procedural justice,HRC},
  language     = {eng},
  number       = {3},
  pages        = {483--510},
  title        = {Procedural fairness as a vehicle for inclusion in the freedom of religion jurisprudence of the Strasbourg Court},
  url          = {http://dx.doi.org/10.1093/hrlr/ngw020},
  volume       = {16},
  year         = {2016},
}

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