Trispiotis, I orcid.org/0000-0002-7458-9896 (2016) Two Interpretations of "Living Together" in European Human Rights Law. Cambridge Law Journal, 75 (3). pp. 580-607. ISSN 0008-1973
Abstract
The European Court of Human Rights (ECtHR) and the Council of Europe have recently recognised “living together” as a legitimate dimension of the rights of others that could justify limitations on various European Convention on Human Rights (ECHR) rights, including the rights to freedom of religion and respect for private life. This article argues that the important, yet still unexplored in human rights law, idea of “living together” stems from the republican ideal of fraternity and supplements the distinctive links between democratic principles and rigorous human rights protection. Even so, its justifiability as a limitation ground depends on which conception of the idea is compatible with core values and functions served by human rights under the Convention. This article distinguishes between two main interpretations of “living together”, grounded on responsibility and conformity. It is argued that, in cases touching on our expressive conduct in public, including cases on the wearing of full-face veils, a conformity conception of “living together” sits uneasily both with firmly established case law of the ECtHR and with certain key functions of rights, such as the exclusion of moralistic majoritarian preferences as grounds for coercive prohibitions.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2016 Cambridge Law Journal and Contributors. This is an author produced version of a paper published in Cambridge Law Journal. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | “Living together”, freedom of religion, S.A.S. v France, ECHR, conformity, privacy, secularism, fraternity |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 15 Sep 2016 13:45 |
Last Modified: | 12 Apr 2017 05:24 |
Published Version: | https://doi.org/10.1017/S0008197316000568 |
Status: | Published |
Publisher: | Cambridge University Press |
Identification Number: | 10.1017/S0008197316000568 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:104703 |