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By excluding a pupil who insisted on breaching school dress codes by wearing strict Islamic dress, the school violated her right to freedom to manifest her religion under Article 9


Neither Article 9 or Article 14 imposed a positive duty on the state to enable a religious community to receive housing benefit in order to continue practising their religion in certain premises.


There is no right either under Article 10 or Article 9 to seek to force pro-life views on others by sending offensive materials to pharmacists selling contraception.

Hasan and Chaush v Bulgaria

The failure by the authorities to remain neutral in relation to religious communities suggested that believers of one community denied registration had suffered a violation of Article 9

Jakobski v Poland

Mahayana Buddhists have profound moral objections to eating meat. According to the rules, a Mahayana Buddhist should avoid eating meat to cultivate compassion for al living beings

Jivraj v. Hashwani [2011] UKSC 40

Can you choose an arbitrator by reference to his religion?

Johns v Derby City Council and Equality and Human Rights Commission (intervening) [2011] EWHC 375 (Admin)

Religious views opposing homosexuality are a legitimate fostering concern and the local authority’s approach to this question did not constitute religious discrimination.


Conscientious objection is not a protected activity under Article 9 and therefore cannot provide a defence to the charge of being absent from the armed forces without leave.

Murphy v Ireland

Blanket ban on religious broadcasting did not exceed Irish government’s margin of appreciation

Nikishina v Russia

The fact that a Convention-infringing judgment had been quashed by the higher appellate courts meant that the applicant could not be considered a "victim" under Article 34

O’Donoghue and Others v. the United Kingdom(application no. 34848/07)

The government’s system for preventing sham marriages as an entry ploy for immigrants breached the right to marry and was discriminatory

R (Ghai v Newcastle City Council & Others) [2010] EWCA Civ 59

The prohibition of the burning of human remains other than in a crematorium, such as on an open air funeral pyre, interfered with orthodox Hindu beliefs as they are protected under Article 9 of the Convention.

R (Imran Bashir) v. The Independent Adjudicator, HMP Ryehill and the Secretary of State for Justice [2011] EWHC 1108

Muslim prisoner refusing to give urine sample for blood test because he was fasting suffered breach of Convention rights


Section 13 of the Human Rights Act cannot be relied on to prioritise Article 9 rights

Shergill v Purewal & Anor [2010] EWHC 3610 (QB)

There is a long-standing principle of English law that the courts will not determine matters of religious doctrine

Thlimmenos v Greece

Refusal to admit an individual to a profession because of a criminal conviction amounted to discrimination on grounds of religion where that conviction was due to conscientious objection

X v Y School

A school's prohibition on the niqab veil at school engaged the pupil's right to manifest her religion under Article 9 but that provision had not been infringed and even if it had been, the decision was objectively justified under Article 9(2).


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