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Monday, October 18, 2010

[2006] UKHL 15

85. There were two Convention rights that, it is contended, were infringed; first, Shabina's "freedom to manifest her religion" (article 9.2 of the Convention), and, second, Shabina's "right to education" (article 2 of the First Protocol).


Article 9.2
86. "Freedom to manifest one's religion" does not mean that one has the right to manifest one's religion at any time and in any place and in any manner that accords with one's beliefs. In KalaƧ v Turkey (1997) 27 EHRR, 552, para 27, the Strasbourg court said that

"… in exercising his freedom to manifest his religion, an individual may need to take his specific situation into account."

And in Ahmad v United Kingdom (1981) 4 EHRR 126, para 11, the Commission said that

"… the freedom of religion … may, as regards the modality of a particular religious manifestation, be influenced by the situation of the person claiming that freedom."

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