The freedom of Personal Self-Determination as the Prime Principle for "The Religion or Belief Manifestation Test" in ECHR Case-Law

Abstract

This article focuses on the case law under Article 9 of the ECHR in the field of classifying an act as a manifestation of a particular religion or belief. It aims to criticize the long-time rigid practice of the European Commission and the European Court, which grants them the Power of Assessment in this regard. Namely, in the light of the general principles of the freedom of religion and belief, the author explains why it is natural and necessary for the Court to give up its Power of Assessment and leave the issue entirely in the scope of personal self-determination. In arguing own view, the author relies upon the Court's approach developed in the Case - Osmanoğlu and Kocabaş v. Switzerland (ECHR. 2017).