CARDIFF LARSN MEETING

1. Beyond art. 9. Law and Religion in the Culture wars before the European Court of Human Rights Cardiff Centre for Law and Religion LARSN Meeting Pasquale Annicchino 11 May 2010

2. 1. From wars to Culture wars 2. The new lines of conflict 3. The current legal debate 4. “Tragic cases”: the culture wars and the countermajoritarian difficulty 5. Conclusion

4. CULTURE WARS “ I define cultural conflict very simply as political and social hostility rooted in different systems of moral understanding”, Hunter, id , p. 42 “ The conflict has extended beyond the realm of theology and ecclesiastical politics to embrace many of the most fundamental issues and institutions of public culture: law, government, education, science, family and sexuality”, Hunter, Culture wars , p. 13

5. COURTS AND MEDIA “ How have changes in technology, communication, and the organization of living and working changed the public’s understanding and practice of law, the Constitution, human rightss, democracy?, J. Balkin, What is postmodern constitutionalim , Michigan Law review, 1992, 90, p. 12 “ The idea that agendas and agenda control matter for determine political outcomes is central in contemporary political science. (…) Thus, political scientists have frequently asked: ‘ Who sets the media’s agenda?’. In part, the answer may be the Supreme Court.”, J. D. Ura, The Supreme Court and Issue Attention: The Case of Homosexuality, Political Communication, 2009, 26, p. 431.

7. THE CURRENT LEGAL DEBATE Abortion A., B., C. v Ireland Art. 8, Art. 2 Interaction with EU Political dimension

8. PRECEDENTS “ The issue of when the right to life begins comes within the margin of appreciation which the Court generally considers that states should enjoy in this sphere, notwithstanding an evolutive interpretation of the Convention, a “ living instrument ” which must be interpreted in the light of present-day conditions (...) There is no European consensus on the scientific and legal definition of the beginnings of life”. Vo v France, ECtHR, 2004

12. TRAGIC CASES AND THE COUNTER-MAJORITARIAN DILEMMA A case where the balance of reasons does not allow to reach a satisfactory solution, a solution that does not compromise one of the values at stake considered to be significant from a legal or moral point of view. (Atienza, 1999) Lord Hoffman, The Universality of Human Rigths , Judicial Studies Board Lecture 2009

14. THANK YOU!! [email_address] [email_address]