ελευθερία θρησκείας

Refusal to recognise a religious community because of similarities in its statutes with another religious association. Violation of religious freedom

JUDGMENT Föderation Der Aleviten Gemeinden in Österreich v. Austria 05.03.2024 (app. no. 64220/19) see here SUMMARY The applicant is an Alevi religious association in Austria. Its application for recognition as a religious community was rejected because of the similarities between its statutes and those of another similar religious association. On the basis of Articles 9 […]

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The revocation of the licence of a church whose priest joined the Old Calendarists did not violate religious freedom

JUDGMENT DIETHNIS AKADIMIA AGIOS KOSMAS O AITOLOS v. Greece (App. no. 9025/15) SUMMARY The applicant retained the right of common use of the church, which it had otherwise donated as real estate to the municipality. A few years after the opening of the church, the president of the applicant organisation joined the Old Calendarist Church. By […]

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A religious organization with a misleading name. The refusal to recognize it as a legal entity did not violate the freedom of religion and of assembly

JUDGMENT Ilyin and others v. Ukraine 17.11.2022 (app. no. 74852/14) see here SUMMARY Justified refusal to register the religious community of the Unification Church as a legal entity on the grounds that the name may mislead believers and the general public. Necessary restrictions in a democratic society. The applicants belong to the Unitarian Church. They […]

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Refusal of the authorities to release victims bodies, for a period of 2.5 years during the criminal investigation, in order for them to be buried. Violation of religious freedom

JUDGMENT Aygün v. Belgium 08.11.2022 (app. no. 28336/12) see here SUMMARY In this case the applicants complained of the investigating judge’s refusal to allow them to transfer their sons’ bodies to Türkiye, their country of origin, while the investigation was ongoing. The Court observed that the investigating judge’s decision amounted to interference with the applicants’ […]

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Criminal conviction of an activist who made a topless protest against abortions in a church! Violation of freedom of expression

JUDGMENT Bouton v. France  13.10.2022 (app. no. 22636/19) see here SUMMARY The case concerned the criminal conviction of the applicant, a feminist activist who at the time was a member of Femen, for acts of “sexual exposure” (exhibition sexuelle) committed in a church (La Madeleine) in Paris during a “performance” by way of protest against […]

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Denial of permission for prisoner to attend religious services outside prison during COVID-19 pandemic did not violate Convention

JUDGMENT Constantin-Lucian Spînu v. Romania 11.10.2022 (app. no. 29443/20) see here SUMMARY The case concerned a refusal by the national authorities, on grounds of measures taken during the COVID-19 pandemic, to let a prisoner attend religious services outside Jilava Prison. The Court concluded that the decision of the prison authorities to deny the applicant leave […]

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Prohibition of congregational Friday prayers for a prisoner in a maximum security prison! Violation of the freedom of religion

JUDGMENT Abdullah Yalçın v. Turkey  (no. 2)  14.06.2022 (app. no. 34417/10) see here SUMMARY The case concerned the Diyarbakır high-security prison’s refusal to allow the applicant’s request for congregational Friday prayers (jumuah) to be held and for him to take part. The Court found in particular that the authorities had failed to strike a fair […]

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Adoption of a child from a foster family with different religious beliefs from the biological mother. Violation of respect for family life

GRAND CHAMBER JUDGMENT Abdi Ibrahim v. Norway 10.12.2021 (app. no. 15379/16) see here SUMMARY The case concerned the decision by the Norwegian authorities to allow the adoption of a child by a foster family against his mother’s wishes. The mother, a Somali national who had moved to Norway, did not ask for her son’s return […]

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The ban on holding a religious event and the attack on a religious sect, violated the provisions of the ECHR

JUDGMENT Center of Societies for Krishna Consciousness in Russia and Frolov v. Russia 23.11.221 (app. no. 37477/11) see here SUMMARY Hostile verbal attack against the Krishna movement and refusal to grant permission for public religious events promoting the teachings of Vaisnavism, a Hindu sect. Based on Article 9 (freedom of thought, conscience and religion), individually […]

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The swearing in of the President of the Republic and members of the Council of State exclusively with a religious oath! Citizens’ appeal is unacceptable

JUDGMENT Shortall  and others v. Ireland 18.11.2021 (app. no. 50272/18) see here SUMMARY The case concerned the religious language contained in the declarations required under the Irish Constitution (Bunreacht na hÉireann) for the office of President of Ireland (Uachtarán na hÉireann) and for members of the Council of State. The applicants complained under Article 9 […]

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