Article 9

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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Not a violation of freedom of religion to obtain consent for the collection of personal data of citizens by Jehovah’s Witnesses!

JUDGMENT JEHOVAH’S WITNESSES v. FINLAND 09.05.2023 (app. no. 31172/19) see here SUMMARY Preaching, freedom of religion and data protection. The applicant community of Jehovah’s Witnesses in Finland, through its believers, preached to local residents door-to-door. The domestic courts fined the community for unlawfully collecting and processing personal data of citizens without their consent. The applicant […]

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δίκαιη δίκη

Criminal courts’ failure to assess applicant’s specific and important arguments. Violation of fair trial

JUDGMENT CUPIAŁ v. POLAND 09.03.2023 (app. no. 67414/11) see here  SUMMARY The applicant was accused of the psychological abuse of his children by means of subjecting them to allegedly excessive religious practices and he was sentenced to one year’s imprisonment. Particularly, he used to wake the children up at night and force them to pray, […]

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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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The authorities’ failure to monitor the conditions of the upbringing of a minor by a foster family. The statute of limitation of the claim starts from receipt of proof of damage. Sexual abuse of a minor

JUDGMENT Loste v. France 03.11.2022 (app. no. 59227/12) see here SUMMARY Authorities liability in case of fostering a minor. The case concerned an applicant who complained of failings by the child welfare service (ASE) regarding the follow-up of her placement with a foster family at the age of five. In support of her application she […]

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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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