Freedom of religion or belief and the wearing of religious symbols

This Chapter examines the wearing, by individuals, of religious symbols in relation to the right to freely manifest one’s religion and the right to be free from religious discrimination under both the European Convention on Human Rights and Fundamental Freedoms and EU law. Restrictions on both these rights are not always against the law: they can be justified under certain circumstances. In the case law on the wearing of religious symbols of the European Court of Human Rights and the Court of Justice of the European Union, this concept of justification plays an important role. This concept of justification and the case law of the two Courts is analysed in this Chapter to establish whether, in Europe and in relation to the wearing of religious symbols, the right to freedom of religion is fully protected.