Atheists, Agnostics, Skeptics, and the Unconcerned: Why the European Court is Inconsistent in its Case Law and Violates Article 9 ECHR

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Authors

Cliteur, Paul

Issue Date

2023

Type

Journal Article

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Abstract

In 1993 (Kokkinakis v. Greece), the European Court of Human Rights in Strasbourg ruled that under Article 9, “atheists, agnostics, skeptics, and the unconcerned” are protected; but to make that protection effective, the Court requires those views to meet the requirements of “cogency, seriousness, cohesion, and importance.” In 2021 (De Wilde v. the Netherlands), the Court ruled that the pastafarians (adherents to the Church of the Flying Spaghetti Monster) failed to meet these requirements. This article analyzes the two verdicts, pointing out the relevance for the protection of religious and non-religious minorities.

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Rabbi Myer and Dorothy Kripke Center, Creighton University

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The journal is open-access and freely allows users to read, download, copy, distribute, print, search, or link to the full texts of all published material for personal or academic purposes.

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1522-5658

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