Article 9

Denying the request for conscientious objection to a claimant who did not provide sufficient evidence was in accordance with the ECHR.

JUDGMENT Dyagilev v. Russia 10.3.2020 (no. 49972/16) see here SUMMARY The case concerned the procedure in Russia for examining requests to replace compulsory military service with its civilian alternative. The applicant in the case, a recent graduate, complained that the authorities had refused his request because they found that he was not a genuine pacifist. […]

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Jehovah’s Witnesses are entitled to preach their religion and distribute their books. Illegal detention

JUDGMENT Nasirov and others v, Azerbaijan  20.02.2020 (no. 58717/10) see here   SUMMARY The applicants are nationals of Azerbaijan and Jehovah’s Witnesses. All the applicants were transferred to police stations after attempting to preach door to door on their religion, and were held administratively without official registration for at least 3 hours because of distributing religious […]

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Greece’s condemnation as students’ parents were being forced to sign a statement that they were not Christian Orthodox in order for their children to exempt from religious education classes, revealing their religious faith

JUDGMENT Papageorgiou and others v. Greece  31.10.2019 (no. 4762/18 and 6140/18) see here SUMMARY The case concerned compulsory religious education in Greek schools. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 2 of Protocol No. 1 (right to education) to the European Convention on Human Rights, interpreted […]

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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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Dismissed priests and religious freedom. An important Court decision ..

JUDGMENT Tothpal and Szabo v. Romania 19.02.2019 (no. 28617/13 and 50919/13) see here SUMMARY The case concerned a conviction for unlawful exercise of pastoral duties. State measures in favour of the leader of a divided religious community or geared to forcing that community to combine under a single leader amounted to an infringement of freedom of religion. In […]

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απεργία

Religious organizations have the right to freedom of assembly

JUDGMENT  Bektashi Community and others v. “the former Yugoslav Republic of Macedonia” 12.04.2018 (νο. 48044/10, 75722/12 and 25176/13) see here SUMMARY  Religious Union has demanded recognition of its continued legal status under the new legislation and its request was rejected by the national courts. Infringement of Article 11 (freedom of assembly) in the light of Article […]

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ιδιωτική ζωή

Psychiatric hospital infringed patient’s right to privacy and right to freedom of religion

JUDGMENT  Mockutė v. Lithuania  27.02.2018 (no.  66490/09) see here   SUMMARY  Hospitalization for psychiatric disorders against the patient’s will. A documentary about her medical file with the use of a pseudonym. Doctor of the Psychiatric Hospital revealed sensitive confidential information and information to her journalists about her illness, which had the effect of interfering with […]

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ECHRCaseLaw

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