Balancing Communitarianism and Liberalism: European Court of Human Rights’ Jurisprudence on Religious Conflicts

Abstract This article examines the European Court of Human Rights’ jurisprudence on religious conflicts to uncover how it reflects communitarianism and liberalism. Identification of the political moralities behind the Court’s jurisprudence unveils the underlying rationale for the use of its force. To add scientific rigour, qualitative methods were used to uncover the theoretical meanings of the Court’s understanding of the right to freedom of religion or belief. The analysis showed that the Court balanced religious differences, reaching out to both communitarian and liberal reasons, but the Court’s communitarian justifications repeatedly failed to accommodate personal agency. The article reaches a conclusion that expanding the idea of liberal autonomy in the European religious freedom law might help to prevent religious conflicts and radicalization, without compromising peaceful community coexistence.

Authors

Publication Details

Journal
Oxford Journal of Law and Religion
Published
2026-03-31
DOI
https://doi.org/10.1093/ojlr/rwag005
Primary Topic
Religious Freedom and Discrimination
Type
article
Field-Weighted Citation Impact
0.00
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article

Balancing Communitarianism and Liberalism: European Court of Human Rights’ Jurisprudence on Religious Conflicts

Maria Moulin-Stożek
Oxford Journal of Law and Religion
Religious Freedom and Discrimination
article

Balancing Communitarianism and Liberalism: European Court of Human Rights’ Jurisprudence on Religious Conflicts

Maria Moulin-Stożek
article en

Abstract

Abstract This article examines the European Court of Human Rights’ jurisprudence on religious conflicts to uncover how it reflects communitarianism and liberalism. Identification of the political moralities behind the Court’s jurisprudence unveils the underlying rationale for the use of its force. To add scientific rigour, qualitative methods were used to uncover the theoretical meanings of the Court’s understanding of the right to freedom of religion or belief. The analysis showed that the Court balanced religious differences, reaching out to both communitarian and liberal reasons, but the Court’s communitarian justifications repeatedly failed to accommodate personal agency. The article reaches a conclusion that expanding the idea of liberal autonomy in the European religious freedom law might help to prevent religious conflicts and radicalization, without compromising peaceful community coexistence.

Oxford Journal of Law and Religion
Peace, Justice and strong institutions
Openalex Percentile: Top 8%
Religious Freedom and Discrimination
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