Chapter 16 Multiple choice questions

1. Which one of the following statements best expresses the effect of Article 9?

Under Article 9, a person has an absolute right to hold and manifest his or her religious beliefs.

Under Article 9, a person has an absolute right to hold and change religious beliefs, but the right to 'manifest' those beliefs is subject to reasonable restrictions.

Under Article 9, a person has an absolute right to hold and change religious beliefs, and a right to act on the basis of those beliefs, although the latter right is subject to reasonable restrictions.

Under Article 9, a person has rights to hold beliefs, to change those beliefs and to 'manifest' his or beliefs, but the rights are qualified and are subject to reasonable restriction.

2. Article 9 is confined to the protection of religious belief.

True

False

3. Which of the following freedoms are protected by Article 9(1) although subject to restrictions and limits that are justified under Article 9(2)? Please select all that apply.

A Muslim woman who wants to wear a full veil (niqab) when appearing as a barrister in court.

A Christian pacifist who refuses to pay a proportion of his income tax, which equates to the proportion of public spending allocated to defence.

A Muslim soldier in the UK who refuses to serve in the middle east on the grounds that he believes that any action would be illegal, immoral and an attack on Muslims the world over.

A druid who is prevented from going to Stonehenge at dawn on Midsummer Day, even though this is the most important day in druidism.

4. Match the circumstances and legal principles with the case named. The cases are from either the European Court of Human Rights (ECtHR) or UK courts.

Parental views on the desirability of corporal punishment may involve the 'manifestation' of a belief. Such views can be disregarded under the terms of Article 9(1). Disregarding views that favour corporal punishment can be necessary in a democratic society as part of reasonable policies aimed at the protection of children.

Article 9 is the basis of a right to religious freedom that includes the right of believers not to have to suffer extreme abuse and insult of their religion. Freedom of expression (in Article 10) can be restricted to protect the 'rights of others', including their rights under Article 9. Therefore, laws of blasphemy, which restrict freedom of expression, are capable of being justified under the Convention.

The wearing of religious dress is a manifestation of religion. It can be restricted according to the terms of Article 9(2). In determining whether a ban on headscarves worn by Muslim women is justified, the ECtHR accepts that the maintenance of a secular state is a legitimate aim.

That a wide margin of appreciation is available to states in respect of employment laws which enable employers. whose employees inter-face with the public, to dismiss employees who, for conscientious reasons, will not support their employer's position on equality issues such as same-sex marriage.

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