Paper Titles & Abstracts

The manifestation of Christianity in the public sphere has been increasingly subjected to scrutiny in litigation before national courts and the European Court of Human Rights, notably concerning the public display of Christian symbols. The status of Christianity in Europe has also been questioned in the context of the membership application of majority-Muslim States, notably Turkey, and the ongoing debate about immigration of Muslims. Declining levels of religiosity and crises within denominations, such as the Roman Catholic Church and the Church of England, augment the debate. Against this background and amidst a general lack of scholarship, this paper questions the status of Christianity in Europe and the role of Article 9 of the European Convention of Human Rights in regulating its public manifestation. Is Europe any longer 'Christendom' or is it 'officially atheist'? Can Christianity any longer claim a 'privileged position' and are practising Christians a 'religious minority'? Does the Convention act as a 'neutral referee' or is it a tool of secularism or laicité acting to 'privatise religion'? This paper argues that, though historically deriving from liberal philosophy, the proper function of the Convention is not to exclude religion from the public sphere but rather to protect religious (including atheists) minorities from persecution by the State for their convictions. The current debate is flawed by conceptualising a balancing exercise between 'believers' and 'non-believers' rather than public manifestation. In this context and in a historical irony, the Convention is misused by atheists as an instrument of compulsion to seek to exclude religion from the public sphere and to force believers to act contrary to their consciences.