Seminal cases on freedom of religion?

A colleague recently asked me for a list of what I thought were the half-dozen or so seminal UK and European cases on freedom of religion. It’s a very interesting question and I replied in terms of the modern case-law rather than delving into the historical stuff. Inevitably, my answers were somewhat subjective: for example, I wondered about including Watkins-Singh in the list but decided that the key case on religious dress was Begum. I also thought very hard about including Laws LJ’s judgment in McFarlane but decided that it was about the priority of secular law rather than about freedom of religion.

I came up with the following:

  • Arrowsmith v United Kingdom [1978] ECHR 7: What is a “manifestation”?
  • Re South Place Ethical Society [1980] 1 WLR: What is a “religion”?
  • Campbell and Cosans v United Kingdom [1982] ECHR 1: What is a “philosophical belief”?
  • Kalaç v Turkey [1997] ECHR 37: Can an employer restrict an employee’s religious activity?
  • R (Williamson & Ors) v Secretary of State for Education and Employment & Ors [2005] UKHL 15: How far must religious convictions be respected?
  • R (Begum) v Headteacher and Governors of Denbigh High School [2006] UKHL 15Education and the right to manifest: how far can you go?
  • R (E) v Governing Body of JFS & Anor [2009] UKSC 15Does the religious definition of a particular religious identity trump the secular one?
  • Eweida & Ors v United Kingdom [2013] ECHR 37What kinds of “manifestation” are protected by Article 9 ECHR?
  • R (Hodkin) & Anor v Registrar General of Births, Deaths and Marriages [2013] UKSC 77: What is a “religion”?

So those are my picks: what’s yours?

FC