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104 101. (24 January 2006), at paras. 61 and 62. 102. Darby v. Sweden, Series A no. 187, opinion of the Commission, para. 51. 103. Appl. no. 10358/83, C. v. the United Kingdom, (1983) DR37, 142. book Page 35 Tuesday, June 26, 2007 4:08 PM NO. 9: FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION In any event, it will be necessary to consider whether the imposition of a church tax is in part to meet the costs of secular as opposed to ecclesiastical purposes. In the case of Bruno v. Sweden, the Strasbourg Court drew a distinction between taxation for the discharge of public functions, and functions purely associated with religious belief.

Question 4. Is the limitation on “manifestation” of religion or belief “prescribed by law”? book Page 30 Tuesday, June 26, 2007 4:08 PM COUNCIL OF EUROPE HUMAN RIGHTS HANDBOOKS SERIES Question 5. Is the limitation on “manifestation” of religion or belief “necessary in a democratic society”? It is clear that freedom to manifest thought, conscience or belief must of necessity on occasion be subject to restraint in the interests of public safety, for the protection of public order, health and morals, or for the rights and freedoms of others.

130 In Canea Catholic Church v. 131 In the Metropolitan Church of Bessarabia and others v. Moldova case, the Strasbourg Court further noted that Article 9 had to be read in the light of Article 6 and the guarantees of access to fair judicial proceedings to protect the religious community, its members and its assets. The government’s assertion that it had shown tolerance towards the church and its members could not be 129. Metropolitan Church of Bessarabia and others v. Moldova, no. 45701/99, Reports 2001-XII, paras.

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Freedom of thought, conscience and religion by Jim Murdoch


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