European Convention on Human Rights, Freedom of religion
To quote Professor Catherine Teitgen-Colly, "political pluralism, respect for human rights and the rule of law have become true" statutory conditions ".
In terms of the constituent rights of democratic society, the fundamental rights guaranteed by the Convention are not only individual rights which serve to protect the individual against interference by the public authorities. An objective function is thus paid to them.
The Strasbourg judges defend an objective approach in determining some rights. In addition, Professor Frédéric Sudre qualifies eight rights "fundamental rights" component of European public order "freedom of expression, freedom of thought, conscience and religion, the right to physical integrity, the right to liberty and security, right to a fair trial, the right to free elections, the right of parents to respect for their belief in education, the right to legal security. " These individual rights constitute the minimum standard of European law on human rights, the "hard core of human rights."
[...] It is dissolved by the decision of the Turkish Constitutional Court. The party enters the Strasbourg judges were asked role vis-à-vis the State and the religions place of religion in a democratic society. This party is, vraissemblablement, not compatible with the system of the 1950 Convention The proposed political, indeed, to introduce into all legal relationships a distinction based on religious affiliation. A first stop chamber Refah Partisi 2001 had already decided that the dissolution of the Welfare Party was compatible with Article 11, protecting freedom of assembly. [...]
[...] The dissolution decision rendered by the Constitutional Court, thereby approved. Gunduz against Turkey on 4 December 2003: TV program, statements, inciting hatred and hostility, Kemalism, Islamic movement. Art and 25. Socialist Party of Turkey (STP) and others against Turkey of 12 November 2003: freedom of association, national security (Article necessary in a democratic society (Article 11). Infringement of Article 11 and no need to examine Article and 14. Refah Partisi and Others against Turkey the Grand Chamber of 13 February 2003: freedom of association, secularism, Islam, limitations necessary in a democratic society, no violation of Article 11, not necessary to examine Article and 18. [...]
[...] Finally, the Europeanization of secularism she called a "new legal management of religion in Europe? The "European secularism law" is irrigated from many sources and facing many challenges. The change proposed by the political party must thus be compatible with democratic principles. The religious basis of the political project is not always involved. This was the case in the German Communist Party case against Germany on 20 July 1957, the party wanted to impose the domination of one social class (proletariat), in a secular framework unlike the Refah Partisi, which will be analyzed, as will be considered the religious character of the political project. [...]
[...] Freedom of religion: an endangered freedom but protected by the European Convention on Human Rights The fight against parties to draconian trend: 1 - Dissolution of parties "dangerous": Refah Partisi judgment of 13 February 2003 It is commonly accepted that political parties must work to safeguard the pluralistic political debate. Indeed, it is recognized that political party may promote a change in the law or the legal and constitutional structures of the state." However, the means which it uses must be not only legal but also democratic. [...]
[...] In addition, Professor Frédéric Sudre qualifies eight rights "fundamental rights" component of European public order "freedom of expression, freedom of thought, conscience and religion, the right to physical integrity, the right to liberty and security, right to a fair trial, the right to free elections, the right of parents to respect for their belief in education, the right to legal security. " These individual rights constitute the minimum standard of European law on human rights, the "hard core of human rights." From this reflection, the Legalization of the principle of secularism apparaît- it as a necessary protection of the rule of law and democracy? The study of European case law (Turkish, Bulgarian, Greek) on religious activities shows that the answer is yes. Furthermore, the freedom of religion can have an individual and individualistic basis. [...]
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