Migration of Asylum Seekers and the Freedom of Religion or Belief
Presented by: Dr. ĐUKIĆ
Date: 6 May 2024
The Structure Of The Presentation
- Freedom of Religion or Belief and Migration
• 1. Brief historical overview;
• 2. Religious persecution;
• 3.Jurisprudence of European courts;
• 4. Conclusions.
Religion On The Move
- When a stranger sojourns with you in your land, you shall not do him wrong. You shall
treat the stranger who sojourns with you as the native among you and you shall love
him as yourself, for you were strangers in the land of Egypt (Leviticus 19.33-34)
- Mary and Joseph flee to Egypt with Jesus as a baby.
- The Parable of the Good Samaritan (Luke 10.34-35)
- Therefore welcome one another as Christ has welcomed you, for the glory of God
(Romans, 15, 7)
Brief Historical Introduction
- The Religious Peace of Augsburg (1555)
- The Peace of Westphalia
- the Treaty of Berlin
- The Minorities Treaties
- Universal Declaration of Human Rights
- International Covenant on Civil and Political Rights
- Declaration on the Elimination of All Forms of Intolerance and Discrimination based
on Religion or Belief
- European Convention on Human Rights
- American Convention on Human Rights
- African Charter on Human and Peoples' Rights
- Charter of Fundamental Rights of the European Union
Freedom Of Religion And Belief
- Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief, in
worship, teaching, practice and observance.
- Freedom to manifest one's religion or beliefs shall be subject only to such limitations
as are prescribed by law and are necessary in a democratic society in the interests of
public safety, for the protection of public order, health or morals, or for the protection
of the rights and freedoms of others
- Definition of the scope of protection of freedom of religion or belief (FoRB)
- Limitations of FORB
- Forum Internum vs. Forum Extremum
Religious Persecution
- Freedom of religion is a right that belongs to refugees, migrants, and asylum seekers
regardless of their status
- The distinction between religious persecution and the justifiable limitations on religious
freedom
- Claims based on religion may involve religion as a belief (including a non-belief),
identity, or way of life.
- The provisions of international law that regulate religious persecution do not seem to
differentiate between internal and external religious freedom.
The Jurisprudence Of European Courts
- Bundesrepublik Deutschland v. Y and Z
• The key factor is not whether public religious practices constitute the 'core' of
religion or faith, but the significance that they hold for the applicant and for the
maintenance of his religious identity.
- F.G. v. Sweden
• The competent authorities should not expect applicants to refrain from their
religious practices to avoid persecution in their country
