The concept of living together as a limit to freedom of religion or belief in ECtHR's S.A.S. v France
by José Ramón Polo
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 4, No. 3, 2016

Abstract: This work is a critical study of the decision handed down by the European Court of Human Rights in the case of S.A.S. v France, especially the controversial use by the court of the concept of minimum requirements of living together (vivre ensemble) as an acceptable limit on the freedom of religion and belief with regard to the convention. This is compared with the intemperate use that the ECtHR has been making in this area of the doctrine of national margin of appreciation. The author reaches the conclusion that in this decision, as in others, political constraints have had a significant weight, over and above strictly legal arguments, leading to very poor protection of those fundamental rights involved.

Online publication date: Thu, 06-Oct-2016

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