유럽연합에서의 종교의 자유 연구

Abstract

Europe is experiencing cultural conflicts due to the settling of different ethnicities and the resulting increase in cultural diversity. Among the cultural conflicts, the clash of the religious perspectives causes serious social problems which eventually lead to clashes with the laws of the settlement country. In order to solve these problems, research on the relationship between law and culture should be preceded. In this study, the case of Europe where various cultures coexist provides very important implications. It is important to harmonize between the cultural (religious) norm and the national legal system. How harmonization can be achieved and how it should be harmonized can be gauged through the European Convention on Human Rights, Cases of the European Court of Human Rights and the Muslim Arbitration Tribunal in United Kingdom. In multi-cultural society, accepting other worldviews and cultural values into the national legal system of a different nature requires very detailed preparation with the legal theory. Furthermore, establishing the standard as a general legal theory (for example, the degree of acceptance of cultural value as the criterion of the principle of proportionality -Verhältnismäßigkeitsprinzip- and its limit) to resolve this kinds of conflict is a contemporary task to achieve social integration in a multi-cultural society.