The “Radiating Effects” of the ECtHR on Social Mobilizations Around Religion and Education in Europe: An Analytical Frame

Abstract

A growing non-legal scholarship explores the domestic implementation of international court judgments in national law and policy. Yet little attention has been paid to the indirect effects of European Court of Human Rights (ECtHR) case law: namely, the ways in which its judgments may raise public consciousness, change how social actors articulate their claims, and/or prompt mobilization among civil society actors. This paper conceptualizes the significance of the indirect effects of ECtHR judgments in the domain of religion and education. Drawing on a constitutive approach to the law it explains the potential impact of such indirect effects. Second, it presents analytical concepts such as legal mobilization, which underpin the country-based case studies included in this symposium. Third, it provides an overview of the ECtHR religion and education-related case law which sets the stage for examining the nature and effects of the shadow of that case law in different country contexts.

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