Original scientific paper
https://doi.org/10.31141/zrpfs.2020.57.136.535
Sloboda vjeroispovjesti u praksi Evropskog suda za ljudska prava i Ustavnog suda Crne Gore
Hamdija Šarkinović
Abstract
This paper discusses issues concerning the concept of freedom of religion that is defined by the Constitution of Montenegro and the European Convention for the Protection of Human Rights and Fundamental freedoms. It is a specific type of right that is based on morality and justice, which is above the state, but with its obligation to respect and protect it. This is people’s natural right that cannot be restricted by legal norms, because it is an absolute human right, in other words its people’s spiritual sphere, its forum internum, which has an external component, externum forum.The European Court found that the confessions that enjoy the protection are: all traditional churches and Muslim communities but also religious communities of recent times, Jehovah’s Witnesses, Church of Scientology, the Unification (Moon’s) church, etc. Paper quotes the most recent jurisprudence of the European Court of Human Rights regarding the situation of large churches, small religious groups, rituals, proselytism and internal autonomy, as well as the case law of the European Court of Human Rights on freedom of religion of the individual and the jurisprudence of the Constitutional Court in the cases of the abstract control and constitutional complaint.
Keywords
freedom of religion; article 9 of the European Convention for the protection of human rights; European court of Human Rights; the Constitution of Montenegro; The Constitutional Court of Montenegro
Hrčak ID:
237909
URI
Publication date:
8.5.2020.
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