Jehovah’s witnesses and freedom of religion in the 21st Century: Examining the significance of the european court of human rights ruling in Palau-Martinez vs. France

Abstract

In this paper, we will explore the barriers and the necessary limitations to freedom of religion in the 21st Century. Our starting point shall the ruling of the European Court of Human Rights in Palau-Martinez vs. France. From the Court’s decision, we shall critically examine the possible legal consequences of religious traditions and beliefs to freedom of religion. Our analysis of the available scientific data exposes negative consequences to the health of the children due to the strict following of the mother’s religious beliefs, fact that was ignored by the Court. Finally, we shall search for an alternative solution for the conflicts between freedom of religion and other fundamental rights and values.