Religious freedom from the perspective of the European Union Law

Abstract

The EU Charter of Fundamental Rights has become a benchmark which enabled the European Court of Human Rights to expand de facto the scope of the European Convention on Human Rights and to produce therefore major jurisprudential revivals. The freedom of thought, conscience and religion is one of the foundations of a democratic society. In its religious dimension, the freedom represents one of the key elements consolidating the identity of the believers and their outlook on life. By its treaties, legislation adopted and jurisprudence, as well as the protection of relating institutions, the European Union stresses on how important it is to respect the fundamental human rights, the religious and philosophical convictions in the European society and lays emphasis on the fundamental values of pluralism and tolerance. The European Union forbids all and any gender, race, colour, ethnic or social origin discrimination, as well as discrimination relating to genetic characteristics, language, religion or convictions, political opinions or opinions of any other nature, affiliation to a national minority, wealth, birth, disabilities, age or sexual orientation-related discrimination. The right to religious freedom is mainly a right pertaining to individual conscience which also involves the freedom to manifest a religion, a religious or philosophical conviction, one’s own perspective on life. The European Union respects cultural, religious and linguistic diversity and does not prejudice the status from which churches and religious associations or communities in the members states benefit under national law.