How Europe defines religious freedom

[rug]

Mar 31st 2014, 18:00 by B.C.

LAST week, my colleagues in America were kept very busy by a Supreme Court hearing which touched some sensitive nerves: it concerned two firms run by devout Christians who object to implementing parts of the Obamacare health-care mandate which require them to offer contraceptive services to their employees. To understand the red-hot sensitivity of the case, you have to know not just the details of the arguments submitted, but the broader context formed by America's understanding of religious freedom. It is common to hear Americans draw a sharp contrast between their country's religious order and that of Europe.

So what exactly is the difference? That's too big a question for one Erasmus posting, so let's divide the matter into two parts, theory and practice. The fundamentals of America's religious order are summed up in the first 16 words of the First Amendment ("Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...&quot . This elegant form of words, on whose interpretation millions of words have been expended, has no precise equivalent in Europe. The "free exercise" of religion is guaranteed, albeit with qualifications, by Article 9 of the European Convention on Human Rights, which all 47 members of the Council of Europe have signed.

“Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.”

The article goes on to say that freedom of religion can be limited in the interests of "public safety...the protection of public order, health or morals, or for the protection of the rights and freedoms of others." That seems quite a broad range of exceptions. Nor can be there any equivalent of America's "establishment" clause, because many European countries either retain established or national churches (think of England, Denmark and Greece) or accord certain historic privileges to the Roman Catholic church (as in Spain, Italy and parts of Germany). This diversity of regime, ranging from church-minded Greece to ultra-secular France, is guaranteed by the Treaty on the Functioning of the (28-member) European Union. Article 17 of that treaty states that the "Union respects...the status under national law of churches and religious associations or communities in the member states."

http://www.economist.com/blogs/erasmus/2014/03/europe-faith-and-liberty