A cause for concern in Europe – Freedom of opinion, religion and belief - part 2

A cause for concern in Europe – Freedom of opinion, religion and belief. Persecution of and discrimination against minority-groups.

Continued from part 1

After a questions and answers intermission, the second panel started. It comprised Patricia Duval (Attorney at Law – Specialist in European and international Human Rights law), Juan Ferreiro Gualgueira (Full Professor of Ecclesiastical Law at University of Coruna, Former D/Director General for Promotion and Protection of Religious Freedom at the Spain Ministry of Justice), Alessandro Amicarelli (PhD, Attorney at Law of the Bar of Italy and Law Society of England and Wales - Doctor of Research in International Order and Human Rights) and Hans Noot (President of the Gerard Noodt Foundation - Member of the board of the ICRLS).

These experts described the good practices that exist in some European countries regarding the fair treatment of religious minorities, as well as the European and International jurisprudence on freedom of religion or belief.

As presented on the official site of European Interreligious Forum for Religious Freedom, the articles section, all speakers of the second panel insisted on the fact that no religion should be discriminated against by the State, small or large, old or new, whether appearing different from “traditional religions” or not, or even if being considered as a “sect” in certain countries. States should never assume the right to assess the legitimacy of religious beliefs, nor to engage in campaigns against certain religious movements as has happened in some countries.

Patricia Duval, attorney at Law and specialist in European and international Human Rights law, holding a Master degree in Public Law and European Union Law, from La Sorbonne, Paris, presented in her speech the history of secularism of the French institutions, achieved in the long process started with the French Revolution and continued up until today. She criticizes the 'total secularism' as presented in the 2012 Circular of the government of France and presents the troubling situation in France nowadays, at the same time sounding the alarm on the influence of France on Russia, for example, regarding the infringement of rights of freedom of religion or belief of minorities.

Juan Ferreiro Gualgueira is a full professor of Ecclesiastical Law at University of Coruna and former director general for promotion and protection of Religious Freedom at the Spain Ministry of Justice. In his speech he discussed the constitutional principles compulsory in relationships between state and the church, such as Law 7/1980 of Religious Freedom or different acts from the Spanish Constitution and how these principles should be implemented through administration- providing some good practice examples in this respect, two particular cases regarding religious minorities that were legally recognized in Spain.

Alessandro Amicarelli is a lawyer and belongs to the BAR of Italy and the Law Society of England. He specializes in human rights and his specific field of interest is that of minorities and religious minorities rights. Between 2005 and 2012 he has lectured in human rights at the University of Urbino. Being also a graduate in Middle East Studies he follows with particular interest the developments of the Muslim communities around the world.

In his speech at this event, Mr. Amicarelli discussed the basic rights to religious freedom as they appear in article 9 and 10 of the European Convention on Human Rights and offered several examples of recent cases that appeared in the European Court of Human Rights, regarding religious rights and personal beliefs. Finally, he addressed some important aspects of the life of religious minorities, such as the registration of religious groups and their status acknowledgment, the taxation of religious groups and the confession agreement, also providing some related good practice examples.

Hans Noot is coordinator of Religious Education in Belgium and the Netherlands and advisor to Seminaries and Institutes in Eastern Europe for the Church of Jesus Christ of Latter-day Saints. He earned a bachelor’s degree and a master’s degree in organizational behavior and is currently working on a Ph.D. in organizational anthropology. He worked extensively for years for the promotion of Religious Freedom in Europe, Middle and East Asia and Middle East, and is the president of the Gerard Noodt Foundation for Freedom of Religion or Belief. In his speech he underlined the sociology of discrimination based on religious affiliation in Europe and the fact that discrimination persists even when condemned by the law; he invited to toleration and co-operation of people in general, in order to ensure the protection of religious rights and beliefs, in his own words, 'public announcements and programs that advocate a more open acceptance of different religions and their viewpoints' could be beneficial in creating a better, more tolerant society.