Human rights, fundamental rights and the common constitutional traditions in the protection of religious pluralism and diversity in Europe a study in the democratic paradox

The Treaty of Lisbon has strengthened the formal coherence of European human rights protection by, among others, delineating clearer links between the systems of human rights protection provided by the European Convention on Human Rights and the fundamental rights developed under European Union law. In respect to freedom of religion and religious pluralism in a multicultural society it has strengthened commitment to fostering diversity and pluralism. This paper analyses the reforms introduced by the Treaty through the lens of multi-religious coexistence and diversity. It approaches issues of applicability and enforceability of rights such as freedom of religion in the current legal situation. It takes into account both the perspectives of the legal orders as well as the rights bearers who may appeal for the protection of their rights and discusses general theoretical problems concerning understanding of rights and their significance in the European legal sphere. The process of European integration has gradually been transforming Europe into a supranational entity ruled by a common set of values stemming from the ‘constitutional traditions of the Member States’.