Russell Sandberg
- Published in print:
- 2017
- Published Online:
- August 2017
- ISBN:
- 9780198795957
- eISBN:
- 9780191837135
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198795957.003.0008
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 ...
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This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 of the European Convention on Human Rights by UK courts. It is argued that Ladele and other cases remain best adjudicated and understood as freedom of religion claims, provided that the way in which such claims are argued and adjudicated is improved. This chapter innovates by applying Ayelet Shachar’s call for ‘joint governance’ to the question of religious freedom as a human right for the first time, before suggesting that a relational approach to the relevant cases is required, emphasizing relationships and the power roles within them.Less
This chapter revisits Ladele v. The United Kingdom, contending that the way in which the case was argued at the European Court of Human Rights resulted from a restrictive interpretation of Article 9 of the European Convention on Human Rights by UK courts. It is argued that Ladele and other cases remain best adjudicated and understood as freedom of religion claims, provided that the way in which such claims are argued and adjudicated is improved. This chapter innovates by applying Ayelet Shachar’s call for ‘joint governance’ to the question of religious freedom as a human right for the first time, before suggesting that a relational approach to the relevant cases is required, emphasizing relationships and the power roles within them.
