ελευθερία θρησκείας

Post mortem examination and extensive removal of organs of a dead newborn without the consent of the mother! Violation of family life and religious freedom

JUDGMENT Polat v. Austria 20.07.2021 (app. no. 12886/16) see here SUMMARY Medical operations without consent even after death. Medical research. Right to family life and freedom of religion. The applicant with Muslim religious beliefs gave birth to a boy who died 2 days after birth. She was informed by the hospital authorities about the need […]

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Denial of recognition of religious association by the state. Discriminatory decision and absence of an effective remedy

JUDGMENT Ancient Baltic religious association Romuva v. Lithuania 8.6.2021 (application no. 48329/19) see here SUMMARY  The case concerned the refusal by the Seimas (the Lithuanian Parliament) to grant to the applicant association the status of a State-recognised religious association. The Court found in particular that the State authorities had not provided a reasonable and objective […]

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Presence of a student in an orthodox rite of blessing without the knowledge of his parents and contrary to his religious beliefs. Non-violation of the right to education and freedom of religion

JUDGMENT Perovy v. Russia  20-10-2020 (app.  47429/09) see here SUMMARY The case  concerned the Russian Orthodox rite of blessing in a classroom. The applicants in the case are a married couple (the first and second applicants) and their son (the third applicant) who are not members of the Russian Orthodox Church. They all alleged that […]

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Eviction of Ukrainian Orthodox Church from a church and chapel demolition. Rejection due to lack of risk of irreparable damage to a fundamental right.

JUDGMENT «Ukrainian Orthodox Church of the Kyiv Patriarchate in Crimea» v. Russia 01.09.2020 (app. 33931/19 and 33585/20). Interim Measures SUMMARY Eviction from a church and demolition of a chapel. Application for temporary measures by the Ukrainian Orthodox Church in Crimea, so that the Russian authorities do not evict them from the cathedral in Simferopol and […]

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The birth certificate, which implied that the child had not been baptized, violated the family’s right not to disclose their religious beliefs.

JUDGMENT Stavropoulos and others v. Greece 25.06.2020 (no. 52484/18) see here SUMMARY The case concerned the practice of certain registry offices in Greece indicating on birth certificates when a child is named by a civil act. Stavroula-Dorothea Stavropoulou and her parents, the applicants in the case, complained in particular that the handwritten note “naming” on […]

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Lack of civilian service as an alternative to military service precluded recognition of conscientious objection, in breach of the Convention

JUDGMENT Mushfig Mammadov and others v. Azerbaijan 17.10.2019 (no. 14604/08) see here SUMMARY The case concerned the applicants’ refusal on religious grounds to serve in the army. The Court observed that the criminal prosecutions and convictions of the applicants on account of their refusal to perform military service had stemmed from the fact that there […]

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Ban on converting a public building into a place of worship for a religious group. The prohibition is justified due to violations of urban planning legislation.

JUDGMENT Pantelidou v. Greece 10.10.2019 (no. 36267/19) see here  SUMMARY Transformation of a public property into a place of worship and the right to religious freedom. The applicant, who is a member of the Church of True Orthodox Christians, alleged that her right to religious was  violated  because it was forbidden for her religious community to […]

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Failure to issue a city council decision authorizing a community of Jehovah’s Witnesses to rebuild a worship site violated their religious freedom.

JUDGMENT  Religious Community of Jehovah’s Witnesses of Kryvyi Rih’s Ternivsky District v. Ukraine (no. 21477/10) 03.09.2019  see here SUMMARY Licensing to a community of Jehovah’s Witnesses to rebuild their place of worship. Failure to take legal action by the city council. The applicant community of Jehovah’s Witnesses has appealed before the domestic courts to declare as […]

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