Monica Lugato

The ‘Minimum Requirements of Life in Society’ and the Right to Manifest One’s Religion

  • Abstract

Informations and abstract

Keywords: freedom of religion; face covering; living together; protection of the rights and freedoms of others; pluralism; margin of appreciation.

The article assesses the ‘minimum requirements of life in society’ as a legitimate aim for interferences in the right to manifest one’s religion, recognized as such by some national courts and by the Euro-pean Court of Human Rights – but rejected by others. It discusses its content, its relation with the protection of the rights and freedom of others, with human dignity, with the principle of equality between man and woman. It argues that the deep religious and cultural pluralism that our societies face, poses questions as to its limits, that national authorities have the responsibility to face, prior to, though under the supervision of, human rights courts and/or bodies. In that perspective, it argues that the protection of the ‘minimum requirements of life in society’, does correspond to the underly-ing rationale of the protection of the rights and freedom of others under international human rights treaties and can therefore justify limitations on the enjoyment of human rights, provided the condi-tions established by the treaties themselves are satisfied.

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