Chapter 7 forms the second of the two chapters examining cases which one would expect to fall into the middle circle in the loose concentric circles model, where both forum internum relevance and countervailing factors may both be strong or both be weak and, as such, for the degree of protection offered to depend heavily on the way in which the ECtHR balances the factors. Chapter 7 examines cases in which applicants have objected to acting contrary to their religion or belief, or have objected to disclosing their religion or belief. Again, this chapter seeks to show that the ECtHR’s approach is consistent with its general principles concerning Article 9 as the ECtHR balances factors indicating a violation (primarily, but not only, forum internum relevance) with countervailing factors indicating no violation, to reach its decision. This chapter reiterates that the fact-sensitive nature of such cases means that protection offered ranges from a high to a low degree depending on the particular circumstances of the case.

Begins by considering the principle of state neutrality, briefly sketching its history and contemporary policy context with particular reference to multiculturalism and diversity. The first section of the case law study examines state neutrality in relation to the fundamental freedoms: the rights to freedom of religion, association/assembly and to expression, giving particular attention to the concepts of “religion” and “belief” and to the intersect between fundamental rights and the church–state relationship. The second stage then studies the effects of equality and non-discrimination legislation on the laws relating to family matters and reviews the associated case law. Maintaining the same equality focus, the third stage traces case law developments at the interface between church–state and areas of everyday life including education, employment, healthcare and retail services. The chapter concludes with a section that considers the role of state neutrality in relation to the religious dimension undeniably present in the current twin issues of terrorism and the migrant crisis.