Religious Establishments and Church-State Separation : a European approach ?

While the US Supreme Court is using new tests to transform the most rigid versions of the principle of separation into a principle of impartiality linked to a guarantee of non-discriminatory public policies towards religions, Europe remains extremely diverse, through 46 states sustaining very different regimes, ranging from state churches to secular separation regimes. The European Court of Human Rights affirms the need for a neutral state that guarantees pluralism. However, its oversight in this area remains fairly limited, recognising that states have a wide margin of appreciation ‘in delicate matters relating to religion’. Thus, none of the national regimes is considered incompatible per se with the Convention. The communication presents some unique features of Belgian law on neutrality towards recognized religions and philosophies.