Islamic law from the perspective of Article 9 ECHR: Freedom thought, conscience and religion

Islam has long played an important role in politics and the media in Austria and across Europe. The recently enacted Islam Act in Austria, which replaces the Islam Act of 1912, has given rise to numerous discussions and debates questioning its proportionality and appropriateness. The aim of this paper is to examine this Act from the perspective of Article 9 of the ECHR - freedom of thought, conscience and religion - whilst analysing in greater detail its potential restrictions on fundamental rights. The first part outlines the history of Islam in Austria and Europe, as well as the origins of the IGGIÖ. The second part begins by setting out the legal foundations of freedom of religion under Article 9 of the ECHR and Article 10 of the Charter. Furthermore, the possibilities for restricting this constitutionally guaranteed right are explained in general terms, and key judgments of the European Court of Human Rights are cited as a basis for comparison. Finally, the critical and questionable provisions of the Islam Act are analysed separately and examined in greater detail.