Abstract

CABRAL, Tiago Sérgio. Jehovah's Witnesses and Freedom of Religion in the 21^st Century: Examining the significance of the European Court of Human Rights ruling in Palau-Martinez vs. France. e-Pública [online]. 2017, vol.4, n.2, pp.196-219. ISSN 2183-184X.

In this paper, we will explore the barriers and the necessary limitations to freedom of religion in the 21^st Century. Our starting point shall the ruling of the European Court of Human Rights in Palau-Martinez vs. France. From the Court's decision, we shall critically examine the possible legal consequences of religious traditions and beliefs to freedom of religion. Our analysis of the available scientific data exposes negative consequences to the health of the children due to the strict following of the mother's religious beliefs, fact that was ignored by the Court. Finally, we shall search for an alternative solution for the conflicts between freedom of religion and other fundamental rights and values.  Summary: 1. Decision's content. 2. Factual background of the judgment. 3. Brief introduction to the issue of religious freedom. 4. Summary of the history and beliefs of Jehovah's Witnesses. 5. The breach of article 8 in connection to article 14. 5.1.1. The French Government counter-arguments. 5.1.2. Critical analysis of the issue. 5.1.2.1. The omission of article 9 in the connection between article 8 and article 14. 5.2.1.2. Religion's effect on the human development and the discriminatory nature of an abstract analysis regarding religion. 5.2.1.3. The collision of rights between the mother's religious freedom and the children's religious freedom. 6. The inconsistency between the court's decision in Palau-Martinez vs. France and other European Court of Human Rights' decisions. 7. Conclusion.

Keywords : Freedom of Religion; Religious Discrimination; Jehovah's Witnesses; European Court of Human Rights; Blood Transfusions.

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