2025/2026
International Legislation on Freedom of Conscience and the Creation of Associations
Type:
Mago-Lego
Delivered by:
Higher School of Law and Administration
Where:
Higher School of Law and Administration
When:
2 module
Open to:
students of one campus
Language:
English
ECTS credits:
3
Contact hours:
32
Course Syllabus
Abstract
International legislation on freedom of conscience and religious associations encompasses a range of legal frameworks and principles aimed at protecting individuals' rights to freedom of thought, belief, and religion. Key documents, such as the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and various regional human rights conventions, establish the foundation for these protections. These laws ensure that individuals and groups can freely practice, manifest, and change their religion or beliefs without discrimination or coercion. Additionally, they regulate the formation and activities of religious organizations, balancing the rights of religious communities with the need to maintain public order, safety, and the rights of others. This body of legislation plays a crucial role in promoting tolerance, diversity, and peaceful coexistence in multicultural societies.
Learning Objectives
- To form a systematic understanding of international legal standards in the field of freedom of conscience, religion, and the activities of religious associations. The course is designed to develop the ability to analyze, interpret, and apply the norms of international law to protect the rights of individuals and religious groups at the national and international levels.
Expected Learning Outcomes
- Define and distinguish the core concepts of "freedom of conscience," "freedom of religion or belief," and the "forum internum" and "forum externum."
- Identify and describe the key provisions of fundamental international and regional human rights instrument.
- Explain the legal status and significance of these instruments (e.g., declarative vs. legally binding, the role of customary international law).
- Analyze and apply the three-part test for permissible limitations on the manifestation of religion or belief (prescribed by law, legitimate aim, necessity, and proportionality) to real or hypothetical case studies.
- Identify violations of international standards in specific situations, distinguishing between absolute rights (like freedom from coercion) and those that can be limited.
- Compare and contrast the approaches of different regional human rights systems (European, Inter-American, African) to protecting freedom of religion or belief.
- Evaluate the effectiveness of international and regional mechanisms (e.g., UN Human Rights Committee, Special Rapporteur, European Court of Human Rights) in protecting freedom of religion or belief.
- Formulate well-reasoned legal arguments, supported by international law, for or against state actions concerning religious associations (e.g., registration issues, restrictions on manifestation).
- Interpret and analyze the case law of international bodies (e.g., HRC Views, ECtHR judgments) related to freedom of conscience and religious associations.
Course Contents
- Section 1: Foundational Principles and Definitions
- Section 2: Core International Legal Instruments
- Section 3: Rights of Religious Associations and Collective Manifestation
- Section 4: Permissible Limitations and State Obligations
- Section 5: Monitoring, Implementation, and Enforcement
Bibliography
Recommended Core Bibliography
- Conscience, dissent and reform in Soviet Russia, Boobbyer, P., 2009
- International law and its others, , 2009
- International Law, Shaw, M. N., 2000
Recommended Additional Bibliography
- Fragmentation vs the constitutionalisation of international law : a practical inquiry, , 2016
- International Law Reports, , 1999