Article 9

Jehovah’s Witnesses as conscientious objector had no choice but to serve in the military. Violation of freedom of thought, conscience and religion

JUDGMENT Teliatnikov v. Lithuania 07.06.2022 (app. no. 51914/19) see here SUMMARY The case concerned Mr Teliatnikov’s request for an exemption from military service and application for civilian service owing to his religious beliefs as a Jehovah’s Witness minister. The Court found in particular that the Lithuanian system of conscription failed to strike a balance between […]

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Imposition of a fine for refusing to buy compulsory health insurance! Privacy, respect for property and freedom of conscience were not violated!

JUDGMENT De Kok v. the Netherlands 19.05.2022 (app. no. 1443/19) see here SUMMARY The applicant complained about the obligation to buy basic health insurance in the Netherlands and the consequences of his not having done so. The Court did not express itself on the applicability of Article 8. Assuming that there had been an interference […]

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The refusal by a Christian-run bakery to make a cake with the words “Support Gay Marriage” and the QueerSpace logo on it. The application is inadmissible due to non-invocation of the articles of the ECHR in the domestic courts

JUDGMENT Lee v. the United Kingdom 06.01.2022 (app. no. 18860/19) see here SUMMARY Refusal to write on a cake a slogan in favor of same-sex marriage. Privacy, freedom of expression and non-discrimination. Invoking ECHR provisions explicitly or in substance in national courts. Inadmissible application. A bakery belonging to a Christian company refused the applicant to […]

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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 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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Conviction of a Jehovah’s Witness for refusing to serve in the military and for not serving an alternative service. Violation of freedom of religion

JUDGMENT Avanesyan v. Armenia 20.07.2021 (app. no.  12999/15) see here SUMMARY Right to religion. Criminal conviction for denial of military service by a Jehovah’s Witness. Alternative service. Armenia has already enacted legislation allowing alternative service to Jehovah’s Witnesses. However, in the present case the applicant, who, as a Jehovah’s Witness, refused to enlist, was wrongly […]

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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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Non-execution of court decisions annulling decisions to dissolve NGOs. Conviction for violations of the ECHR

JUDGMENT Α.Ο. Falun Dafa and others v. Republic of Moldova 29.06.2021 (app. no. 29458/15) see here SUMMARY Violation of the ECHR due to non-execution of court decisions. Dissolution of NGOs engaged in meditation because they had the swastika as a symbol. Freedom of association and freedom of thought and conscience. The applicants are two non-governmental […]

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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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Refusal of the authorities to return the body for burial and the cremation of the deceased without the consent of the relatives. Violation of the right to private life

JUDGMENT Gatsalova v. Russia 20.04.2021 (app. no. 41318/10) see here SUMMARY Right of burial and knowledge of the place of burial of the deceased. Incineration of the dead. Right to respect for private and family life. Terrorist attack and clash with police in Russia on 13.10.2005 that resulted in the death of many participating terrorists. […]

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