As a result of concern about a fall in the number of organ donors, Parliament has enacted the Organ Donation Act 2021 (‘the Act’) (fictitious). Section 5(1) of the Act requires all persons b

As a result of concern about a fall in the number of organ donors, Parliament has enacted the Organ Donation Act 2021 (‘the Act’) (fictitious). Section 5(1) of the Act requires all persons between the ages of 18 and 45 to undergo a health assessment. If the assessment is passed, the name of the person will then automatically be entered on a database of potential organ donors. Section 5(2) of the Act makes it a criminal offence to refuse to undergo a health assessment. Anyone convicted of this offence faces a maximum sentence of six months’ imprisonment.
Ruth Morgan is a 25-year-old member of a Christian sect whose members believe that any interference with a human body after death has occurred is a sin. Ruth refuses to undergo a health assessment, and is threatened with prosecution for an offence under s 5(2) of the Act.
Ruth is appalled by this as she considers that such a prosecution would infringe her right to freedom of religion.
a) Apply the requirements of Article 9 of the ECHR to the above facts, and explain how any English court would protect Ruth’s right to freedom of religion under Article 9 were she to be prosecuted.
b) If the European Court of Human Rights were to rule that the provisions of the Organ Donation Act were in violation of Article 9, how may the UK government respond?