The Freedom of Religion and its Limits in Greece and the Netherlands: A Comparative Approach

Tesis de Máster , 2009 , 58 Páginas , Calificación: 7/10

Derecho - Derecho público / Derecho constitucional / Derechos fundamentales

Freedom of religion is of classical value. It concerns everyone and therefore has attracted much of research activity worldwide.
The purpose of this paper is to present the freedom of religion as it is included in the Constitutions of two EU Member States with a different cultural and historical background, Greece and the Netherlands. The starting point will be the constitutional history of the countries concerning this specific freedom and its constitutional development up to nowadays. A brief case-law analysis of important ECHR cases is also included. Afterwards, a comparative approach is attempted with reference to the major historical and social facts that influenced changes and policies adopted within the status of freedom of religion in Greece and the Netherlands.

Inhaltsverzeichnis (Table of Contents)

• Introduction
• Fundamental rights as a general notion
• Limits of fundamental rights
• The importance of religious freedom
• The freedom of religion in the Netherlands
  • The development of religious freedom in the Constitution of the Netherlands
  • The structure of freedom of religion in the Constitution of the Netherlands
  • Religious freedom in other constitutional provisions
• The freedom of religion in Greece
  • The development of religious freedom in the Constitution of Greece
  • The structure of freedom of religion in the Constitution of Greece
  • Religious freedom in other constitutional articles
• The position of ECHR towards religious freedom
  • ECHR case-law of the Netherlands
  • ECHR case-law of Greece
• Comparison of the Constitutions

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper aims to compare and contrast the protection of the right to religious freedom and its limits in the Greek and Dutch legal orders by examining relevant constitutional provisions. It seeks to understand the similarities and differences in the two countries' approaches to religious freedom, providing a brief explanation for their existence. The paper also explores the position of the European Court of Human Rights on this matter through an analysis of relevant case law.

• The significance of religious freedom in contemporary society, particularly in light of globalization and cultural diversity
• The constitutional protection of religious freedom in Greece and the Netherlands, with an emphasis on the relationship between state and church in each country
• The limits to religious freedom under both legal systems, including the concept of public order and the protection of other fundamental rights
• The role of the European Court of Human Rights in safeguarding religious freedom in both Greece and the Netherlands
• The differences between Greek and Dutch approaches to religious freedom, and the historical and cultural factors contributing to these differences

Zusammenfassung der Kapitel (Chapter Summaries)

• Introduction: This chapter introduces the concept of fundamental rights in the context of globalization and increasing cultural diversity. It highlights the importance of protecting religious freedom as a fundamental human right, particularly in the face of discriminatory behaviors and conflicts. This chapter also outlines the scope of the paper, which will compare the constitutional protection of religious freedom in Greece and the Netherlands.
• Fundamental rights as a general notion: This chapter delves into the general concept of fundamental rights, emphasizing their importance as foundational principles in democratic liberal societies. It discusses the various sources of protection for fundamental rights, including international legal conventions and national constitutions. This chapter lays the groundwork for examining the specific legal framework for religious freedom in Greece and the Netherlands.
• Limits of fundamental rights: This chapter explores the inherent limitations to the protection of fundamental rights, including the concept of public order and the need to balance individual rights with the rights and interests of others. This discussion is essential for understanding the specific limits placed on religious freedom in both Greece and the Netherlands.
• The importance of religious freedom: This chapter provides an in-depth analysis of the significance of religious freedom as a fundamental right. It explores the various dimensions of religious freedom, including the freedom to believe or not believe, the freedom to change religion, and the freedom to manifest one's religion in worship, teaching, practice, and observance. This chapter sets the stage for a comprehensive comparison of the legal frameworks in Greece and the Netherlands.
• The freedom of religion in the Netherlands: This chapter examines the evolution and structure of the right to religious freedom in the Netherlands. It highlights the historical development of the principle of separation between state and church, as well as the specific provisions in the Dutch Constitution that protect religious freedom. This chapter provides a detailed analysis of the legal framework for religious freedom in the Netherlands.
• The freedom of religion in Greece: This chapter examines the evolution and structure of the right to religious freedom in Greece. It highlights the historical significance of the Orthodox Church in Greek society and the role of the state in its protection. This chapter discusses the specific provisions in the Greek Constitution that protect religious freedom, exploring the balance between the protection of individual religious rights and the recognition of the Orthodox Church as the prevalent religion.
• The position of ECHR towards religious freedom: This chapter examines the role of the European Court of Human Rights (ECHR) in safeguarding religious freedom in both Greece and the Netherlands. It analyzes relevant case law from both countries, demonstrating the ECHR's interpretation of the right to religious freedom and its application to specific cases.
• Comparison of the Constitutions: This chapter compares and contrasts the constitutional frameworks for religious freedom in Greece and the Netherlands. It identifies key similarities and differences in the two countries' approaches, exploring the historical, cultural, and legal factors that contribute to these differences. This chapter provides a synthesis of the analysis presented in previous chapters.

Schlüsselwörter (Keywords)

Religious freedom, fundamental rights, constitutional law, Greece, Netherlands, state and church relations, European Court of Human Rights (ECHR), case law, limits of religious freedom, public order, cultural diversity, globalization, human rights protection.

• Universidad: Tilburg University
• Calificación: 7/10
• Autor: Konstantinos Margaritis (Autor)
• Año de publicación: 2009
• Páginas: 58
• No. de catálogo: V177197
• ISBN (Ebook): 9783640993611
• ISBN (Libro): 9783640994991
• Idioma: Inglés
• Etiqueta: freedom, religion, limits, greece, netherlands, comparative, approach