The religious freedom of prisoners in the jurisprudence of the European Court of Human Rights under the test of the pandemic emergency: the margin of appreciation of States and the right of persons deprived of their liberty to manifest their beliefs.
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Abstract
With the decision under review, the European Court of Human Rights once again intervened on the issue of inmates’ religious freedom, carrying out a step-by-step analysis of the restriction applied. Starting from the aforementioned decision and providing an analysis of jurisprudential approaches to the legitimacy of restrictive measures of religious freedom in the prison context, this article aims to analyse the risk of the recognition of an excessive margin of appreciation on the religious freedom of prisoners. It also provides some reflections on the influence of the pandemic crisis in penal institutions.
Keywords
- Freedom of religion
- prisoners’
- rights
- Limitations to fundamental rights
- Margin of appreciation
- Covid-19
