Impact of the ECTHR and the Inter-American Court of Human Rights jurisprudence on religious freedom

Authors

  • María J. Roca Universidad Complutense de Madrid

DOI:

https://doi.org/10.18042/cepc/redc.110.09

Keywords:

Religious freedom, European Convention on Human Rights, American Convention on Human Rights.

Abstract

Standards implementation of the right of religious freedom are set according to the jurisprudence of the ECHR and the activity of the American system of protection (Inter-American Court and Commission). Material supremacy of the contents of both Conventions through an interpretation of the Constitution under the Convention tends to the same results in the States, despite national differences in the ways of reception. The impact of judgments on religious freedom does not end with implementation. Direct evidence of the impact of European case law is that it has affected States non-signatories to the Convention. The activity of the American system has led to the modification of a constitutional precept of Cuba, without judgment. Indirect evidence of the impact are critical to the activity of both Tribunals by some European and American countries.

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES