Schisms and internal disputes within religious associations under the European Convention on Human Rights

McMurry, Nicholas

Schisms and internal disputes within religious associations under the European Convention on Human Rights

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Societas WP30_Dissent and Schism_Nicholas McMurry.pdf(419.77 KB)

Published Version

Date

2025

Authors

McMurry, Nicholas

Publisher

School of Law, University College Cork

Abstract

This chapter will explore the approach of the European Court of Human Rights to the question of dissent, division, or contentious schism within associations. There is a tension between the association’s right to manage its own affairs and the rights of members of that association to disagree. We will start by looking at philosophical perspectives on this problem, then discuss how the European Court of Human Rights approaches it in light of these perspectives. The caselaw cited relates to religious associations, but the Court frequently refers to freedom of association in establishing the application of the rights concerned. The Court distinguishes between dissent within an association and a deep internal division and has a different approach to each scenario.

Keywords

European Court of Human Rights , Dissent , Division , Contentious schism , Associations

Citation

McMurry, N. (2025) 'Schisms and internal disputes within religious associations under the European Convention on Human Rights', Societās Working Paper 30/2025 (17pp). Cork: School of Law, University College Cork.