Freedom of Thought

Question 1

Freedom of Thought

Answer 1

Art 9:

Scope:
- right to hold a belief (absolute)
- right to manifest a belief (qualified)

Question 2

Limitations of Freedom of Thought

Answer 2

Art 9 s 2:
- subject to limitations as prescribed in law and necessary in a democratic society. (proportionality)
- In the interest of public safety, Protection of public order, Health or morals, Or for the protection of the rights and freedoms of others

Question 3

Cases:

Answer 3

R (Begum) v Headteacher and Governors of Debigh High School [2006]
- begum had the option of switching schools to a school which allowed for the jiljab
- bc of this option it was held proportionate.

Case of Eweida and others v UK 2013:
4 cases- helps provide scope:
- where person wearing cross for BA held okay because was not innapropriate to wear cross while serving sandwhiches and other airhostesses wereallowed to wear sikhs).

• NHS nurse not allowed to wear cross bc jewelry (held proportionate bc it was about jewelry not about discrimination)
• gay wedding cake refusal: (balanced right not to be discriminatied and right to exercise religion) - held in favor of the gays.