True believers? - Sincerity and article 9 of the European Convention on Human Rights

Open Access
Authors
Publication date 06-2021
Journal European Constitutional Law Review
Volume | Issue number 17 | 2
Pages (from-to) 259-286
Number of pages 28
Organisations
  • Faculty of Law (FdR) - Paul Scholten Centre for Jurisprudence (PSC)
Abstract

Sincerity of belief as a condition for the protection of Article 9 of the European Convention on Human Rights - Three types of insincerity in the context of freedom of belief - Parody religions - Fraudulent religions - Conceptual linkage between insincerity and ulterior motive - Insincerity defined as demanding to practise one's 'belief' while solely having an ulterior motive - Circumstances that should not be considered evidence of insincerity: implausible manifestations, inconsistency with co-believers - Circumstances that should be considered evidence of insincerity: obvious unseriousness, ignorance, personal inconsistency - Comparison to rejected and accepted forms of evidence of insincerity in the case law of the European Court of Human Rights - Burden of proof in the case law of the European Court of Human Rights.

Document type Review article
Language English
Published at https://doi.org/10.1017/S1574019621000171
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