Judging the Charter
The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.
2. The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.
The right guaranteed in paragraph 1 corresponds to the right guaranteed in Article 9 of the ECHR and, in accordance with Article 52(3) of the Charter, has the same meaning and scope. Limitations must therefore respect Article 9(2) of the Convention, which reads as follows: ‘Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.’
The right guaranteed in paragraph 2 corresponds to national constitutional traditions and to the development of national legislation on this issue.
Source:
Official Journal of the European Union C 303/17 - 14.12.2007
An Introduction to the Common European Asylum System for Courts and Tribunals. A Judicial Analysis
Case study - Religious persecution as a reason for granting international protection