Prohibition of discrimination based on belief in the light of ECHTR decisions

The prohibition of discrimination based on belief is examined in our study in the light of the decisions of the ECtHR. Our work consists of three parts. In the first part, institutional arrangements, especially the ECHR, including the prohibition of discrimination and freedom of belief are discussed. Subsequently, the theoretical developments of the prohibition of discrimination, the principle of equality, and freedom of belief are explained from an evolutionary perspective. The second part presents the conceptual frameworks of the prohibition of discrimination and freedom of belief. Then the limitation criteria of the prohibition of belief-based discrimination in the ECtHR are discussed. The third part looks into the manifestations of prohibition of discrimination on freedom of belief in the internal and external dimensions through the ECtHR decisions. This study primarily aims to cover the reasons of belief-based discrimination, as the unique aspect of discrimination, what the separate meanings of freedom of belief and prohibition of discrimination are, how the prohibition of belief-based discrimination has been shaped from past to present, how it has a place in human rights and how the ECtHR approaches the applications on these subjects today. To achieve these aims, it is necessary to study two fundamental rights such as the prohibition of discrimination and the freedom of belief, separately and discuss them together in the context of belief-based discrimination. The evolution of both rights in legal documents and doctrines is shown within the framework of historical reality. Since the ECtHR decisions constitute this study's boundaries, Western societies are formed our focus in institutional and theoretical studies. Since the prohibition of discrimination is of secondary nature to the ECtHR, prohibition of belief-based discrimination decisions are examined within the framework of freedom of belief. Although some shortcomings and contradictions are noted in the legal precedents analyzed, it is observed that the protection area of the prohibition of belief-based discrimination has been gradually developing. Keywords: European Court of Human Rights, Freedom of Belief, Prohibition of Discrimination, Prohibition of Discrimination Based on Belief, Human Rights Law.