The Right to Manifest Religious Beliefs through Religious Symbols in the Light of the Judgment Eweida and Others v. the United Kingdom from January 15, 2013
Journal Title: Kościół i Prawo - Year 2016, Vol 5, Issue 2
Abstract
The article examines issues related to the right to manifest religious beliefs on the basis of existing European legislation, which is expressed especially in jurisprudence of the European Court of Human Rights. In particular, it highlighted the very important role of giving the answer to the question whether the behavior is a manifestation of religious beliefs, or is it only inspired by them or is only a matter of personal choice. As an example of the difficulties in answering this question, there was invoked the judgment of the European Court of Human Rights in case Eweida and others against the United Kingdom, where this issue has occupied an important place. The Court considered wearing a cross by N. Eweida and S. Chaplin as a form of manifestation of their faith. The Court rejected the position of the British courts, which reduced cross for jewelry, and his wearing considered as a personal choice of the applicants.
Authors and Affiliations
Grzegorz Szubtarski
Petrine Privilage in Canonical Legal Order
The author of this study carried out a thorough analysis of the regulations concerning the instistution of “Petrine Privilage” functioning in the canonical legal order. She has shown that the institution of “Petrine Priv...
Relikt prawa patronatu w Kodeksie Prawa Kanonicznego z 1983 roku
However, patronage's right is a “dead letter” because it is not regulated in biding legal provisions, it is still noticeable. In the article it is described relict of patronage's right in the Code of Canon Law of 1983 t...
Procedura zmierzająca do uzyskania dyspensy od celibatu w Kościele łacińskim na prośbę prezbitera
In the modern world, a dispensation from celibacy of presbyters is hotly debated problem and very thought provoking issue among both clerics and the lay Christian faithful. It also raises universal interest of media and...
Bezstronność w postępowaniu karnym wobec zakonnika, który popełnił przestępstwo przeciw szóstemu przykazaniu (kan. 695 § 1; 1395 § 2)
The article addresses the issues of individual rights in the procedure for expulsion of a monk with a religious institute under can. 695 § 1 of the 1983 CIC. The cause of expulsion taken offense mentioned in can. 1395 §...
Measures of Proofs’ Consideration in the Canonical Trial of Nullity of Marriage
Evidentiary procedure is elementary part of every court process. The judge derives moral certitude (which is necessary to pronounce the sentence) from the proofs. Cumulation of the evidences is not enough – the judge nee...