EUROPEAN COMMUNITY

assisted suicide, common law defence of necessity & of Strasbourg jurisprudence, court argues blanket ban is not disproportionate (case) - 2013, 171, 116
Austrian opposite sex couple denied civil partnership had no rights violated (ECHR), situation in UK may be different (Ed.) - 2018,180, 137
blasphemy incompatible with EU law? - 2008, 161, 88
capital punishment, US and EU attitudes to and morality of - 2006, 156, 3
circumcision in modern European society: balancing autonomy of child & that of religious groups; provisions in ECHR - 2021, 186, 20
circumcision: rights of child, parental rights & responsibilities, BMA guidelines on best interest, Gillick competence, case law - 2021, 186, 20
Commission on a Bill of Rights: call for reform of ECtHR - 2013, 170, 96
comparative review of EU, UK & US on limits to tax deduction for company interest payments - 2014, 172, 42
compulsory retirement age, not discriminatory for an EU state to set one, but government is reviewing this (case) - 2009, 163, 175
Constitution (proposed EU), jurisdiction & powers of - 2005, 155, 87
Council of Europe: documents relating to religion & problems addressing concerns in widely different member states - 2009, 162, 36
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
differing regulation of excessive interest rates across Europe - 2014, 172, 42
Do Not Resuscitate orders (DNACPR): controversy about overuse during covid pandemic particularly for learning disabled, ECHR ruled there is right to be consulted - 2021, 186, 44
double standards not permitted to interfere with free movement of goods - 1988, 96/97, 55
E.C. trade agreements, use & enforcement of human rights & democracy clauses in - 1995, 126/127, 105
ECtHR, government commission addressing problems with - 2011, 167, 80
effects of social change on religious traditions & governance in Europe - 2004, 152, 68
Employment law (E.U.): possible effects on church schools - 2002, 148, 4
Employment law (E.U.) and religious organisations: possible conflicts - 2002, 148, 4
enforcement of rights in domestic courts - 1977, 54/55, 130
EU human rights are individualistic, UN ones involve more collective responsibility - 2004, 153, 159
EU law upholds impartiality of State towards religions (incompetent to decide on religious doctrines) - 2013, 171, 21
European case law relating to Muslim dress in public places & Begum case - 2012, 169, 224
European Conferences exploring the concept of National Church - 2002, 149, 70
European law guarantees religious freedom but not particular state / religion model - 2013, 171, 21
Eweida and Article 9: fair balance of rights, nuanced approach to belief & need for employer to be reasonable (not always resignation) - 2013, 171, 70
Fair Trials Abroad (FTA): group promoting European justice - 2001, 147, 114
federalism in the EU & the US Constitutions - 2005, 155, 87
free movement of goods and proportionality of Sunday trading legislation - 1991, 110/111, 44
freedom of religion: upholding by the ECHR - 2003, 151, 137
human cloning, prohibition of - 1999, 140/141, 26
human dignity as fundamental to human rights in key international texts eg ECHR - 2022, 189, 110
indirect discrimination cases: English & European law in conflict - 1995, 126/127, 83
interest of European states in religious affairs - 2004, 152, 68
Irish accession and its effects in Ireland - 1983, 78/79, 78
Irish anti-abortion issues before the European Court of Justice - 1992, 114/115, 126
ius commune: basic texts and authorities used in Europe in the Middle ages - 2017, 179, 117
judicial power in the EU: 3 tiers of courts - 2005, 155, 87
jurisdiction over foreign parent companies -1990, 106/107, 31
law on religion in the media (in different European countries) - 2004, 152, 68
legislative power in the proposed EU Constitution - 2005, 155, 87
miscarriages of justice, cases in Europe - 2001, 147, 114
not necessary to specifically cite ECHR in national courts for violation to be upheld - 2003, 151, 137
organic production, European logo can't be used on halal meat products as animal not pre-stunned (case) - 2019, 182, 90
'philosophical belief', meaning of: five criteria from ECHR jurisprudence & Grainger; problems of application to employment law - 2015, 175, 180
political structure of the Council of Europe - 2009, 162, 36
practical relations between religious groups & public authorities in European countries - 2004, 152, 68
problems of ensuring justice in the different legal systems of Europe's nation states - 2001, 147, 114
'reasonable adjustment' (as used in disability law) to accommodate religious rights in employment law: discussion of pros and cons - 2015, 174, 77
recognition of religious (non-civil) marriage differs across Europe - 2011, 166, 98
religion in the Constitutions of different European countries - 2004, 152, 3
religious communities not generally required to have a separate civil legal personality in Europe - 2016, 176, 42
religious influence on secular government in Europe - 2004, 152, 68
religious pluralism in Europe: legal responses to: 2004, 152, 68
religious symbols & dress in schools: European cases illustrating prohibitive & inclusive approaches - 2013, 171, 21
reviews of cases showing how far religion can affect employment - 2009, 163, 142
secular values systems - 2004, 153, 159
'specific situation' employment rule - changes away from freedom to resign a job being counted as freedom of religion protection - 2013, 171, 70
state law, religious needs & social conflict in Europe - 2004, 152, 68
State neutrality between religious and non-religious beliefs mandated by EU law; implications for charity law - 2021, 187, 121
State neutrality in European countries with regard to institutional religious symbols (public policy & case law) - 2013, 171, 21
Strasbourg Court on discrimination due to belief; must be a worldview rather than mere opinion but political beliefs should be protected - 2015, 175, 180
subsidiarity, a critique of, in theology and E.C. law - 2002, 148, 46
subsidiarity: reflections on its importance in the EU - 2005, 154, 31
subsidiarity within the European legal order - 2003, 151, 111
Sunday trading and Article 30 of Treaty of Rome - 1989, 100/101, 72
Sunday working (imposing of) doesn't necessarily violate Christian rights (case) - 2009, 163, 142
tenant with psychiatric problems facing eviction; Article 8 of ECHR doesn't apply so proportionality can't be considered (case) - 2016, 177, 115
'voodoo' allowed as a trademark (CTM): debate over whether it was a religion inconclusive (case) - 2015, 174, 155
Western law & Canon law on usury: background, development, theory, practice & possible future provisions for Europe - 2014, 172, 42
witchcraft: laws & trial processes in England compared to Europe (ecclesiastical & secular courts) - 2011, 167, 54
European Convention on Human Rights
acceptance by Britain of jurisdiction of Court and Commission - 1968, 21, 168
analysis of articles and their equivalents in English law - 1987, 92/93, 59
anti-discrimination legal systems of EU derived law and ECHR jurisprudence: comparing spheres of operation, characteristics protected & justification different - 2015, 174, 77
application in UK courts -1987, 92/93, 59
Article 8 and the right to respect for family life - 1989, 100/101, 71
Article 9: analysis of case law on freedom of thought and what count as 'convictions' in the forum internum - 2013, 171, 52
Article 9: case law to show what counts as an action manifesting a religion or belief (specific-situation rule) - 2013, 171, 52
Article 10 (freedom of expression) normally trumps Article 9 (freedom of thought, conscience & religion); relevant court cases and conflicts - 2020, 185, 121
Catholic concerns about ECHR risks of expanding jurisdiction & diluting fundamental character of human rights - 2022, 188, 51
circumcision in modern European society: provisions in ECHR - 2021, 186, 20
clergy discipline procedures, impact on - 2000, 145, 21
derogation by United Kingdom regarding Northern Ireland - 1969, 24, 106
detaining foreign nationals without trial allowed for suspected terrorists - 2003, 150, 79
divorce law in Ireland and the Convention - 1985, 84/85, 14
enforcement of European Community rights - 1977, 54/55, 130
enforcing chancel repair liability - incompatible with human rights? - 2003, 151, 163
European Convention on Human Rights - 1974, 45, 126
European Convention on Human Rights & Biomedicine wrt cloning - 1999, 140/141, 26
European Court: impartial judicial forum to enforce rights - 2001, 146, 5
European Court of Human Rights: lack of democracy in interference with domestic jurisdictions - 2009, 162, 36
group disadvantage (assessment of) in religious discrimination cases (Reg. 3(b)(iii)), incompatible with Article 9 when ECHR engaged - 2015, 174, 77
incorporation into domestic law - 1977, 54/55, 82
incorporation into domestic law, need for - 1985, 86/87, 4
individual right to petition Commission - 1986, 88/89, 2
jurisprudence of the European Court - 1983, 78/79, 112
major defects in observance within EU - 2001, 147, 114
ministers of religion, linking employment status with Article 9 of European Convention - 2007, 159, 129
not necessary to specifically cite ECHR in national courts for violation to be upheld - 2003, 151, 137
problems with inclusion in a - 1980, 64/65, 5
proselytising social worker not unfairly dismissed, due to inappropriate promotion of his religion, not his religion per se (case) - 2009, 163, 178
Protocol 15: new 'margin of appreciation' added to preamble - 2013, 170, 96
religious discrimination employment cases, effect of European Convention on UK - 1998, 138/139, 105
religious discrimination cases moving from 'core component' or group size focus to protecting individual beliefs (Article 9) - 2015, 174, 77
right to respect for family life - 1989, 100/101, 71
rights protected and enforced - 2001, 146, 5
Scottish Ecclesiastical tribunals & the convention - 2004, 153, 128
torture in ECHR: should circumision be covered as well as FGM? - 2021, 186, 20
'victim' only, can bring a matter to court - 2005, 154, 27
ECHR (Cases)
Article 9: analysis of case law on freedom of thought and what count as 'convictions' in the forum internum - 2013, 171, 52
Article 9: case law to show what counts as an action manifesting a religion or belief (specific-situation rule) - 2013, 171, 52
Article 9 and freedom of religion: court cases - 2007, 158, 71/72/74/77/78/80
BNP councillor sacked from driving job judged allowable due to safety risks by UK but Strasbourg ruled should be some protection for beliefs - 2015, 175, 180
bull at Hindu temple: doesn't infringe human rights to kill when has TB - 2007, 159, 155
case law on right to wear religious symbols, development over time - 2013, 171, 52
cases concerning prisoners - 2001, 146, 5
change in emphasis in ECHR case law (since 2005) away from proving manifestation & interference in beliefs, towards possible justification for the interference - 2013, 171, 52
chastity ring, wearing of at school not a human right - 2007, 159, 150
child's rights should be examined separately to parent's - minority view in rights case (ECHR) - 2021, 186, 73
Church of Jesus Christ of Latter-Day Saints, having to pay tax on their premises (not open to public) does not breach human rights law (case) - 2008, 161, 130; appeal to Strasbourg (ECHR) - 2011, 167, 106
defendants/witnesses cannot be required to reveal religious beliefs in order to take declaration rather than oath - 2010, 165, 216
Diane Pretty case: human rights not breached, no legal 'right to die' - 2003, 150, 51
differing fee liability for immigrants wishing to marry in C. of E. or elsewhere is discrimination - 2011, 166, 90
ECHR doesn't require 'necessity' or weighting of religious beliefs to invoke article 9 so EAT doing this may not be legitimate precedent (case) - 2013, 170, 131; judgment retained on appeal but wrong to say beliefs must be core ones - 2014, 172, 94; 2015, 174, 77
Eweida & Chaplin cases, religious jewellry at work, ECHR decided differently due to health / safety factors in second case - 2013, 170, 67 & 118
freedom of religion, cases upholding this in the ECHR - 2011, 167, 27
freedom of religion: upholding by the ECHR - 2003, 151, 137
freedom of religion cases, motivation & manifestation in, paradoxical treatment in Eweida, Arrowsmith & Sahin - 2013, 171, 52
freedom of religion in employment case law not violated if able to leave job until Eweida, now must weigh proportionateness - 2013, 171, 52
freedom of speech, what pressing social needs justify limiting this; case law of ECHR - 2020, 184, 37
gay cake case; Lee's appeal to ECHR inadmissible as rights had not been raised in domestic courts (ECHR) - 2022, 188, 86
inheritance tax, sisters living together having to pay this on the death of one, rights not infringed by being treated differently to married/civil partners (case) - 2008, 161, 147
Jehovah's Witness complaints of discrimination; 2020 cases heard by ECHR - 2021, 186, 89
registrar & counsellor take Christian employment cases to ECHR - 2011, 167, 111
Ladele & McFarlane cases: ECHR upheld that religious views cannot justify discrimination against homosexual couples - 2013, 170, 67 & 118
Mormon temple not eligible for total exemption from business rates as public not allowed access (ECHR) - 2014, 172, 82
mother discriminated against at work due to son being disabled is a case of disability discrimination (case) - 2008, 161, 148 (ECJ); 2009, 162, 85 (Tribunal); (associative discrimination UKEAT) 2010, 164, 96
muslim dress: niqab wearing ban at school is licit, there are other ways to manifest religion - 2007, 158, 72
muslim dress: school can ban niqab for staff since hampers communication - 2007, 158, 74
muslim dress: wearing of jilbab at school not a human right - 2007, 158, 71
newspaper alleging sexual impropriety at a seminary didn't violate privacy or perpetrators, but paper prohibited from republishing photo - 2013, 170, 130
offensive expressions against religion, limitation and hierarchy of; case law of ECHR - 2020, 184, 37
prison authorities violated rights by failing to provide Buddhist prisoner with vegetarian diet (ECHR) - 2014, 172, 104
'sham' marriages: difficulties of legally regulating these - 2007, 159, 148
social housing available primarily to Orthodox Jews does not discriminate illegally against others as corrects inequalities & is proportionate, lower court rulings justified (ECHR) - 2023, 190, 99
unsuccessfully invoked to circumvent blasphemy law - 2000, 145, 6
wearing Christian symbol at work cases (Eweida & Chaplin) taken to ECHR - 2011, 167, 115
what is hate speech? - issues of journalistic freedom; case law of ECHR - 2020, 184, 37
Armenia
imprisonment of Jehovah's Witness for refusing military service violates Article 9 (ECHR) - 2011, 167, 101; (similar cases ECHR) - 2012, 168, 117
Jehovah's Witnesses imprisoned for refusing alternative to military service (still overseen by the military) had Article 9 rights violated (ECHR) - 2017, 179, 220
Jehovah's Witnesses refused registration by NKR: Armenia held responsible for violation of rights including that of conscientious objection to military service (ECHR) - 2022, 189, 194
Jehovah's Witness prosecuted for seeking alternative to military service in disputed area of NKR; Armenia ruled responsible for securing his rights (ECHR) - 2021, 187, 167
Austria
children taken into care from Muslim family, parents objected that foster family didn't reflect religious or ethnic background (girl wore a cross); rights not breached as such a family was unavailable and children's interests were paramount (ECHR) - 2023, 190, 97
denigration of prophet Muhammad may disturb religious peace so criminal conviction didn't violate Article 10 (ECHR) - 2018, 181, 234
IVF using donors can be banned in Europe but must be coherent, in these cases rights were violated (ECHR) - 2011, 166, 100; on appeal Austria had not exceeded margins of appreciation (GC) - 2012, 168, 141
Jehovah's Witnesses discriminated against by being liable for compulsory civilian service, when exempted from military service (ECHR) - 2009, 163, 184
Jehovah's Witnesses rights violated by preventing them employing a foreign minister and having to pay tax on a donation due to lack of State recognition (ECHR) - 2013, 170, 126
Jehovah's Witnesses seeking recognition as a religious society suffered unacceptable delays breaching Article 9 (case) - 2008, 161 154
opposite sex couple denied civil partnership had no rights violated (ECHR) - 2018,180, 137
paid holiday on Good Friday, giving this only to certain religions is direct discrimination and against equal treatment (case) - 2019, 182, 83
Pastafarians wishing to wear colander / pasta on heads in official documents; not discrimination as not a religion or cogent belief (ECHR) - 2023, 190, 88
post mortem objections: Muslim parents refuse autopsy on body but removal of organs carried out; fair balance not struck, religious burial affected, Articles 8 & 9 violated (ECHR) - 2021, 187, 184
same sex marriage: EU states not obliged to implement this or, if they do, make it correspond to marriage in every way (case) - 2010, 165, 233
religious community wanting registration should not have to undergo ten year waiting period (case) - 2009, 163, 200
religious tolerance means religious must accept reasonable criticism but not gratuitously offensive speech (ECHR) - 2020, 184, 37
unmarried couples where one partner seeks to adopt other's child must be treated same regardless of sexuality (ECHR) - 2013, 170, 148
Azerbaijan
convictions & imprisionment for publishing article critical of Islam; Article 10 breached as State didn't balance rights properly (ECHR) - 2020, 184, 119
Jehovah's Witnesses sentenced to prison for conscientious objection; Article 9 violated as no provision made for alternative service (ECHR) - 2020, 184, 110
mosque congregation not discriminated against by refusal of registration as hadn't exhausted domestic remedies, didn't own the property & could worship elsewhere (ECHR) - 2013, 170, 128
non-profit NGO shut down for engaging in Islamic activities; rights breached as domestic law didn't define 'religious activity' (ECHR) - 2015, 174, 149
Belgium
Church of Scientology investigated for fraud, court can't rule on alleged press statements by authorities prejudicing case since domestic remedies not exhausted, journalists being solely responsible etc (ECHR) - 2014, 172, 74
civil action by French & Dutch nationals against the Holy See for handling of sexual abuse; Belgian court has no jurisdiction due to state immunity (ECHR) - 2022, 188, 85
European law allowing ban on face covering, does this impose valid restriction particularly on Muslim women? - 2018, 180, 82
Jehovah's Witnesses: removal of property tax exemptions from non-recognised religions caused violation of rights; risk of arbitrariness & lack of legal certainty (ECHR) - 2022, 189, 188
justified to conclude that Islamic 'Kafala' is not equivalent to adoption in Belgian law (ECHR) - 2015, 174, 131
Muslim ritual slaughter without pre-stunning is allowed in approved premises in EU; freedom of religion (EUECJ) - 2018, 181, 242
niqab banned in public places; law challenged but upheld as a fair choice by society (ECHR) - 2017, 179, 223
religious dress at work: company can have religiously neutral rules applied to all; indirect discrimination allowed if legitimate and necessary (case) - 2017, 178, 118
Bosnia & Herzegovina
religious clothing: Muslim witness fined & then imprisoned for refusing to remove skullcap in court; authorities violated Article 9 (ECHR) - 2018, 180, 118
Bulgaria
Christian broadcaster can't be refused licence without right to adequate appeal (case) - 2008, 160, 52
dismissal by State employer due to belonging to a religious group is unlawful (ECHR) - 2007, 158, 78
lesbian couple married in England; Bulgarian refusal to recognise relationship violates Article 8 (ECHR) - 2023, 191, 195
Orthodox breakaway denominations refused registration; state should not determine whether religious beliefs are identical so rights were breached (ECHR) - 2021, 187, 168
police interrupting house meeting of unregistered Unification Church, violates human rights (ECHR) - 2011, 166, 78
refusal to register Ahmadi Muslim group violated Article 9; state shouldn't assess religious beliefs (ECHR) - 2017, 179, 238
refusal to register religious association due to political activities violated Article 11 (ECHR) - 2017, 179, 238
refusal to register religious association with similar name & constitution to another violated Article 9 read with 11; allow public to choose (ECHR) - 2017, 178, 133
religious organisation meetings in lady's house classed as sect & subjected to illegal police searches; rights violated (ECHR) - 2015, 174, 136
Roma church hadn't exhausted domestic remedies for their registration before appealing to ECHR (case) - 2008, 161, 145
unlawful for government to take sides between rival church leaderships (ECHR) - 2009, 163, 185; applicants awarded damages but no property rights (ECHR) - 2011, 166, 82
violent demonstration against mosque's call to prayer not properly investigated, no one charged; worshipper's rights violated (ECHR) - 2015, 174, 151
Croatia
government must remain neutral and recognise small reformed churches as able to provide pastoral care, education and marriages (as others are) (ECHR) - 2011, 166, 96
Finland
Jehovah's Witnesses collecting data during door-to-door preaching must comply with EU data law (EUECJ) - 2018, 181, 259
Jehovah's Witnesses having to get consent from people to collect their data obtained door to door does not violate their rights (ECHR) - 2023, 191, 194
transsexual can't have I.D. number changed to female unless his wife agrees to divorce as same-sex marriage unlawful (ECHR rules in favour of state) - 2013, 170, 122; Appeal upholds state refusal - 2014, 173, 224
France
comedian demonstrating anti-Semitism & support for Holocaust denial during show did not deserve protection under Article 10 (ECHR) - 2016, 175, 94
Egyptian Coptic Christian's rights would be violated by deportation due to risk of ill-treatment for proselytism (ECHR) - 213, 171, 115
employer (without dress rules) cannot say a customer's wish not to deal with employee in hijab is a genuine occupational requirement (case) - 2017, 178, 118
European court allows State power to impose conditions of 'living together,' e.g. by not wearing veil, on people that don't agree; is this justified or violating freedom of conscience? - 2018, 180, 82
incitement to racial, ethnic or religious hatred can be punished regardless of freedom of expression (ECHR) - 2011, 166, 86
Jehovah's Witness association hit by retrospective, unforeseeable tax bill which reduced current operations, against Article 9 (ECHR) - 2011, 167, 99; France must reimburse & pay costs - 2012, 169, 262
lesbian adoption may be permitted via adoption by singles, lack of male referent not an obstacle (ECHR)- 2008, 160, 50
muslim banned from wearing full-face veil in public: proportionate restriction to fulfil life in society and protect rights / freedoms of others (case) - 2014, 173, 235
muslim dress: social worker has to be neutral so ok not to renew contract due to refusal to remove headgear (ECHR) - 2016, 176, 84
muslim lady refusing to remove veil for identity check, can reasonably be refused a visa (case) - 2008, 161, 151
religious dress in schools: fair to insist headscarf removed for PE; fair to exclude for continuing to wear items (ECHR) - 2009, 163, 178
same-sex couple unable to marry legally, not discrimination since states free to decide on this matter (ECHR) - 2016, 177, 210
same-sex marriage, State not obliged to allow, or if does, can decide what status this confers (ECHR) - 2012, 168, 123
sexual abuse of 5 year old Muslim child by Jehovah's Witness foster carers who also failed to be religiously neutral; France guilty of not monitoring placement, rights violated (ECHR) - 2023, 190, 100
sikh can be obliged to remove turban for driving license photo (ECHR) - 2009, 163, 188
topless protest in Catholic church against abortion stance being against women's rights over body, her imprisonment is ruled as disproportionate in context (ECHR) - 2023, 190, 92
usury laws in France: criminal, statute & variation with the nature of the loan - 2014, 172, 42
vegetative patient, ending nutrition to, doesn't breach his right to life under Article 2; dissenters slam lack of ethics (ECHR) - 2015, 175, 273
Georgia
condom packaging caused offence to religious groups; 3 out of 4 designs allowed due to freedom of expression (ECHR) - 2021, 187, 175
demonstration by NGOs against homophobia; failure of police to protect them violated their rights (ECHR) - 2022, 188, 102
Jehovah's Witnesses attacked by Orthodox group: inaction by authorities breaches rights - 2007, 159, 163
Jehovah's Witnesses suffered violence by state agents which was not properly investigated due to official toleration of violence (ECHR) - 2015, 174, 128
Germany
Baptist parents can't remove primary children from school sex education (ECHR) - 2011, 167. 124
Catholic assistant in Protestant day-nursery can be dismissed due to incompatible beliefs (ECHR) - 2011, 166, 101
children removed from parents in religious community that caned them; decision upheld as Article 3 violated but some compensation for length of proceedings (ECHR) - 2018, 180, 146
Church tax: court holds that government had legitimately justified their interference with Article 9 rights (ECHR) - 2017, 178, 138
church workers having affairs and being dismissed; one case upheld, the other not (ECHR) - 2011, 166, 88
holocaust denial, conviction of former Catholic Bishop for this upheld (ECHR) - 2019, 182, 102
holocaust denying speech in regional parliament; subsequent criminal conviction upheld (ECHR) - 2020, 184, 113
humanist ethics course (compulsory) at school, doesn't violate any rights (case) - 2010, 164, 92
incest between siblings is still criminal act, despite family life (ECHR) - 2012, 168, 147
job applicant claims discrimination due to lack of Church membership; employer must ensure requirement is genuine, legitimate & justifiable (EUECJ) - 2018, 181, 260
refusal to follow instructions leading to dismissal on grounds of 'subjective moral dilemma' does not necessarily constitute 'belief' under Article 9 (case) - 2008, 161, 144
refusal to register Islamic organisation upheld; groups that act contrary to Convention values are not protected (ECHR) - 2012, 169, 272
religious dress in the workplace; interpretation of the Equal Treatment Directive (EUECJ) - 2021, 187, 186
sects, governments can warn against, but in legal proceedings need to keep a fair timescale (ECHR) - 2009, 163, 188
talaq divorce pronounced in a third country Syria) isn't covered by EU Council Regulations on enhanced cooperation between countries (ECJ) - 2018, 180, 141
taxpayer must state membership (or not) of those churches authorised to levy tax, doesn't violate his rights, protects from unauthorised deductions (ECHR) - 2011, 166, 103
Greece
birth record indicated baby not Christened, Article 9 violated as shouldn't be obliged to manifest beliefs; damages awarded (ECHR) - 2020, 185, 205
Christian group appropriated Greek Navy building for a church to which they were then excluded; Greek court judgment against them upheld (ECHR) - 2020, 184, 111
conscientious objector to military service, Commission Tribunal that examined him ruled as not impartial so Article 9 violated (ECHR) - 2016, 177, 221
defendants/witnesses cannot be required to reveal religious beliefs, or lack of, in order to take declaration rather than oath - 2010, 165, 216; no damages payable - 2012, 168, 119; judgment that rights violated upheld (case) - 2013, 170, 116
freedom of religion in Greece - 2004, 152, 27
lawyer having to reveal religious convictions in order to take oath or affirmation (on taking office), contravenes Article 9 (case) - 2008, 161, 143
not allowing monks or clerics to practise as lawyers when qualified in another EU State, violates EU directive (case) - 2019, 182, 89
parental right to withdraw children from school religious education; exemption process required disclosing religion and this violates rights (ECHR) - 2020, 184, 112
Religious Legal Persons, dissolution of, consistent with ECHR case law where state does not rule on religious belief - 2016, 176, 42
requirement to disclose atheism to avoid religious oath again ruled as violating article 9 (ECHR) - 2015, 174, 135
wife suffered detriment as Will drawn up with Sharia rules of inheritance; just satisfaction required (ECHR) - 2020, 185, 190
Hungary
Catholic placed under house arrest so cannot attend Mass; treatment compatible with Article 9 (ECHR) - 2016, 176, 106
Father's rights violated by removing all access to son due to his irrational religious worldview (ECHR) - 2013, 170, 145
government wrong to require re-registration of many religious groups (to prevent abuse of subsidies) when less drastic means possible (ECHR) - 2014, 173, 228
Hungarian Evangelical Brotherhood deregistered under new Church law awarded damages as just satisfaction (ECHR) - 2017, 178, 141
Minister of Reformed Church can't sue against dismissal in labour courts as labour law doesn't apply / no contract; can't sue in civil law (ECHR) - 2016, 176, 91; dismissal not governed by secular law so inadmissible (ECHR) - 2017, 179, 237
Italy
court hearing on Jewish holyday so Jewish lawyer couldn't attend, justifiably infringed his rights to provide timely justice (ECHR) - 2012, 168, 140
display of crucifix in state school incompatible with state neutrality & against human rights (ECHR) - 2010, 164, 105; decision reversed so display of crucifix within margin of appreciation for member states to decide (GC) - 2011, 166, 84
estranged parent's rights not infringed by court ruling that in child's best interests not to attend Jehovah's Witness services; domestic court upheld (ECHR) - 2022, 189, 209
gay man refused residence permit to live with partner was discriminated against as could not at that time have legal relationship to be 'family member' (ECHR) - 2016, 177, 225
income tax percentage to be given to Churches can be legally set by individual EU states (case) - 2010, 165, 236
Italy not obliged to introduce same-sex 'marriage' but against Article 8 to only have 'cohabitation agreements' for legal recognition (ECHR) - 2015, 175, 282
Italy within rights in a democratic society to ban donation of existing embryos for experimentation (ECHR) - 2015, 175, 284
Lautsi case - does display of crucifix in school violate religious freedom? - 2013, 171, 21
municipal tax exemption (to churches), European Commission investigate if is illegal state aid - 2010, 165, 159
same-sex marriages contracted abroad not recognised in Italy; Article 8 violated but civil union status would suffice (ECHR) - 2018, 180, 126
Latvia
ECHR rules in a wrongful dismissal employment case on Article 10 grounds; implications for religious employers? (ECHR) - 2015, 175, 294
government should maintain neutrality in internal religious disputes (registered Orthodox breakaway group) (ECHR) - 2009, 163, 190
Hare Krishna prisoner complaining of ridicule & problems observing religious rituals, inadmissible claims (ECHR) - 2012, 168, 126
Hare Krishna prisoner refused permission to have religious items and recordings as these were not on list of allowed items (info. note) - 2012, 169, 272
jurisdiction scope of ECHR increases as it rules in a wrongful dismissal employment case (ECHR) - 2015, 175, 294
Lithuania
child custody case didn't discriminate against member of a 'new religious movement' - 2010, 165, 219
Jehovah's Witness minister's rights violated by refusing him an alternative to military directed service (ECHR) - 2022, 189, 211
pagan Baltic religious association had rights violated by not being state recognised; state must be neutral (ECHR) - 2021, 187, 165
Macedonia
State's refusal to register new religious association, despite their concerns, was violation of Article 9 (ECHR) - 2018, 180, 127
Moldova
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
legal recognition of Churches: religious rights & freedoms - 2003, 151, 137
LGBT community NGO banned by government from demonstrating outside parliament did have rights violated (ECHR) - 2012, 169, 271
refusal to register Orthodox church by Regional Council violates Article 9 (ECHR) - 2012, 169, 270
State can't legally refuse to register a religious denomination - 2007, 158, 80
unlawful to fine a person for practising unregistered religion (ECHR) - 2009, 163, 189
Netherlands
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association - 2008, 160, 51
Pastafarian wishing to wear a colander on her head in official documents; views didn't have enough cogency for Article 9 to be engaged (ECHR) - 2022, 188, 79
political party holds that Bible excludes women from public office, State can take measures to end this inequality (ECHR) - 2012, 169, 292
Northern Ireland
case law favouring direct discrimination against bakers not to make cake in support of same-sex marriage; no need for comparator, can elide meaning of message with claimant's identity; correct & proportional? - 2016, 177, 119
failure of police to prevent sectarian violence not classed as a failure to prevent degrading treatment (case) - 2009, 163, 180
police took reasonable steps to protect applicants from sectarian violence on way to school (ECHR) - 2011, 166, 91
religious & political (Article 9 & 10 ECHR) rights of bakers not to make cake in support of same-sex marriage are outweighed by claimants rights; judgement compatible with NI Constitution - 2016, 177, 119
Norway
religious education: humanist parents given right to withdraw children - 2007, 159, 159
Poland
Baptist Church not formal owner of property taken by Communists so can't claim back but extended proceedings violated Article 6 (ECHR) - 2018, 180, 116
blanket refusal for surviving same-sex partners to suceed to social housing tenancy (as married would) is discrimination - 2010, 165, 226
Buddhist in prison has right to vegetarian meals (ECHR) - 2011, 166, 83
child's rights violated by not being offered ethics class instead of R.E. (case) - 2010, 165, 220
development site listed as Jewish Cemetery after purchase thus restricting usage; couple get partial compensation (ECHR) - 2015, 174, 152
European Court rules that denying a lady abortion violated her human right to respect for private life - 2007, 158, 81
homosexuals: right to demonstrate for equal treatment upheld - 2007, 159, 156
Poland must give access to prenatal tests as the law allows for abortion in cases of foetal malformation (ECHR) - 2011, 167, 119
State must provide mechanism for determining conditions for obtaining lawful abortion (ECHR) - 2007, 158, 81
witholding information and access to abortion from child rape victim (plus removal from mother, lack of confidentiality, degrading treatment) violated rights (ECHR) - 2013, 17, 137
Republic of Ireland
cases (inc. ECHR) on women wanting abortion in Ireland or to travel for one - 2011, 166, 5
challenge to Irish abortion ban; upheld that in cases where mother's life threatened, Ireland's law breaches human rights (ECHR) - 2011,166, 76
Covid 19 restrictions on Catholic Mass attendance claimed to be unconstitutional; judicial review application ruled as moot as restrictions had ended (case) - 2022, 188, 78
divorce law and the European Convention on Human Rights - 1985, 84/85, 14
EU statements on abortion & their supervision of incorporating the X case into Irish law - 2011, 166, 5
Romania
authorities can remove Baptist prisoner's radio-cassette player used for religious purposes as every religious act is not protected (ECHR) - 2013, 170, 108
building previously belonging to Catholic diocese but being sold to tenants after Bishop's claim dismissed, reversal of decision by appeal court violated res judicata and therefore tenant's rights (ECHR) - 2015, 174, 126
covid 19 restrictions: prisoner refused permission to attend external religious services; Article 9 rights not violated (ECHR) - 2023, 190, 94
detention conditions of prisoner violated Article 3 & 8 since authorities failed to show it was necessary to refuse attendance at mother's funeral (ECHR) - 2017, 178, 137
detention conditions violated prisoner's rights but not being able to confess to a priest on a particular day did not (ECHR) - 2014, 173, 219
divorce case where applicant was Jehovah's Witness, no evidence that this affected outcome (ECHR) - 2011, 167, 112
Government failure to return Catholic property confiscated by Communist Regime violated Church's rights (ECHR) - 2013, 170, 111
Greek Catholic Church had property confiscated by Communists; domestic courts eventually restored this but protracted timescale violated Article 6 (ECHR) - 2016, 176, 102
Greek Catholic Church seeking restitution of property given to Orthodox; Article 6 violated (principle of legal certainty infringed) (ECHR) - 2017, 179, 246
Greek Catholic Church seeking restitution of property lost under Ceaucescu; Grand Chamber rules they had reasonable court access but length of proceeedings unreasonable & treatment by different courts had undermined principle of legal certainty (ECHR) - 2017, 178, 139
Greek Catholic parish should be given a hearing to allow services in its former property previously confiscated by state (case) - 2010, 165, 232
Greek Catholics failed to get restitution of property transferred to Orthodox under Ceausescu; domestic court upheld except on length of proceedings (ECHR) - 2015, 175, 271
government suppression of Greek Catholic Church and removal of property was against their rights (case) - 2009, 163, 198
Jewish and Muslim prisoners alleging breach of freedom to practise religion failed to exhaust domestic remedies; but Muslim's physical detention conditions breached Article 3 (ECHR) - 2017, 178, 126
ministers of religion convicted for ministering despite being suspended; convictions ruled incompatible with freedom of religion (ECHR) - 2019, 182, 101
muslim prisoner wins case that overcrowding breaches Article 3 rights; inability to practise Islam (Article 9) claim rejected as didn't exhaust domestic remedies (ECHR) - 2015, 175, 296
Orthodox prisoners, degrading treatment upheld but no breach of religious freedom as no evidence for this put forward (ECHR) - 2012, 169, 274
prison recorded wrong religion for prisoner; correction not required as many years previously and no discrimination alleged (ECHR) - 2021, 186, 69
prisoners who converted to Islam in prison denied dietary changes; Article 9 violated (ECHR) - 2021, 186, 70
refusal to register an Orthodox trade union for salaried employees violated rights of assembly and association (ECHR) - 2012, 168, 144; ruling reversed by GC in favour of State's authority to decide - 2013, 171, 122
same-sex marriage: lack of any legal form of recognition of relationship violates Article 8 (ECHR) - 2023, 191, 190
State failure to enforce judgment obliging Orthodox parish to allow Greek-Catholics to use their confiscated building breaches Article 6 (case) - 2014, 172, 78
Russia
banning books asserting superiority of Muslim faith was against freedom of expression (ECHR) - 2018, 181, 239
banning gay rights marches violates human rights (ECHR) - 2011, 166, 77
child made to attend Orthodox rite in classroom did not have rights violated but school could have managed it better (ECHR) - 2021, 186, 73
church services in the open: cannot ban, freedom of peaceful assembly - 2007, 159, 158
conscientious objection to military service, application for civilian alternative lawfully dismissed but is procedure flawed? (ECHR) - 2020, 184, 98
custody of children, Jehovah's Witness claims discrimination (articles 8, 14, 9 invoked) - 2008, 160, 55
dissolution of pentecostal mission / college for regulation breaches should have been dealt with less intrusively - article 9 violated (ECHR) - 2014, 173, 220
ECHR ruling that Russia should legally register the Church of Scientology - 2007, 158, 77
freedom of expression: writer of article critical of Russian Orthodox Church led to prosecution & threat of commital to psychiatric institution, publisher faced dissolution; both applicants had rights violated (ECHR) - 2022, 188, 103
Jehovah's Witness premises authorised to be searched as may be extremist, violated rights as did arresting of member for preaching (ECHR) - 2022, 188, 75
man excluded from re-entry to Russia due to membership of Unification Church has had rights violated (ECHR) - 2009, 163, 193
police violated Article 9 by disrupting peaceful gathering of banned Jehovah's Witness organisation (ECHR) - 2014, 173, 227
refusal to legally register Jehovah's witnesses is unlawful - 2010, 165, 222
refusal to register scientology study group & 6 individuals as religious group violated Article 9 & 11 & failed 'prescribed by law' test (ECHR) - 2015, 174, 132
requiring doctors to disclose when Jehovah's Witnesses refuse blood transfusions violates Article 8 (ECHR) - 2013, 171, 104
same sex couples not allowed to marry to protect traditional family values; ECHR rules Article 8 violated (ECHR) - 2021, 187, 171; Grand Chamber rules State required to provide legal framework (not necessarily marriage) (ECHR) - 2023, 190, 95
Scientology church had rights violated by having literature banned, registration refused and forced dissolution (ECHR) - 2022, 188, 75
Unification church ministers had rights violated by having residence permits revoked (ECHR) - 2022, 188, 77
Scotland
'naked rambler' arrest was within margin of appreciation (& other counts had domestic remedies available); leave to appeal refused (ECHR) - 2015, 174, 142
Serbia
adherents of minority religions should be protected from harm (ECHR) - 2011, 166, 86
Spain
case involving crucifixes in school - ordered removal from public rooms & those classrooms that complained - 2013, 171, 21
Catholic Church's exemption from property taxes on buildings used for non-religious purposes could be illegal State Aid in EU law (case) - 2017, 179, 230
company whose Church land purchase was later registered to the Diocese (under old privilege) had ownership & legal rights violated (ECHR) - 2015, 174, 153
laicised married priest teaching in school, contract not renewed by Bishop, no rights violated as grounds strictly religious (ECHR) - 2012, 169, 269
ministers of Evangelical Church treated differently from R.C. clergy for state pension service, violates rights (ECHR) - 2012, 168, 129
surviving spouse of Roma (non-civil) marriage is entitled to survivors pension - 2010, 165, 232
Sweden
Iranian asylum seeker needs assessment of impact of Christian conversion (as well as political past) on his deportation (ECHR) - 2016, 176, 85
Mandean single woman not ruled at risk from deportation to Iraq (ECHR) - 2014, 173, 240; granted Swedish residency so appeal struck out (ECHR) - 2015, 175, 301
midwives refusing to assist in abortions whose job offers were withdrawn had not been discriminated against (ECHR) - 2020, 184, 101
Switzerland
applicant alleging lack of clarity in assisted suicide law killed herself but court not told; ruled as abuse of process rather than inadmissible due to death (ECHR) - 2015, 174, 145
Constitutional ban on building minarets cannot be challenged unless an applicant is directly affected (ECHR) - 2011, 167, 116
Pakistani Christian convert refused asylum; domestic court should properly investigate his situation & the treatment of converts before he could be returned (ECHR) - 2022, 189, 200
sex education compulsory for primary schoolchildren; mother can't have child exempted under human rights law (ECHR) - 2018, 180, 115
Switzerland allowed to ban public poster campaign advertising illegal cloning services (ECHR) - 2011, 166, 87; no violation of Article 10 due to sufficient threat to public morals (GC) - 2012, 169, 283
voluntary euthanasia: lady's rights violated by lack of Swiss legal guidelines on when allowed lethal prescription (ECHR) - 2013, 171, 111
Turkey
Alevi community suffered unjustifiable religious discrimination by Turkish State (ECHR) - 2016, 177, 213
Alevi meeting house not given free utility bills as the religion not recognised as such; ruling that is a religion so was discrimination (ECHR) - 2015, 174, 133; damages awarded (ECHR) - 2017, 179, 232; discrimination & damages upheld (ECHR) - 2019, 182, 84
arrest for attending memorial service for members of illegal organisation is not foreseeable or 'prescribed by law' (ECHR) - 2015, 174, 141
authorities can't take Church property without compensation (case) - 2010, 165, 219
children must attend course on religious culture & ethics unless Christian or Jewish, breaches Alevi parents' rights to exemption (ECHR) - 2015, 174, 156
children's burial: authorities confiscating bodies (to prevent violent disorder) violated Article 8 (ECHR) - 2018, 181, 235
church property (forced to abandon in 1974) dispute needs to exhaust domestic remedies first (ECHR) - 2011, 166, 79
civil servant moved from job due to his beliefs & wife's veil wearing; Article 8 violated and Article 6 due to trial length (ECHR) - 2016, 176, 103
conscientious objector treated inhumanely in detention violates Article 3 but not 9 as choice was political not religious - 2016, 177, 209
conscientious objectors on military service, unfair to treat as servicemen under normal military discipline (ECHR) - 2012, 169, 289
conscientious refusal of military service by Jehovah's Witnesses followed by military sentences, violates Article 3, 9 etc in democratic society (ECHR) - 2014, 173, 221
exemption from religion classes should be allowed and procedures should respect applicant's convictions - 2008, 160, 53
foundation of Seventh Day Adventists, refusal to register for only serving a specific community violates Article 11 (ECHR) - 2019, 182, 81
Jehovah's Witnesses prohibited from worship in private premises; minority groups were discriminated against under Article 9 (ECHR) - 2016, 177, 218
military service for conscientious objectors, no exceptions for and penalties imposed, fail to strike right balance, rights violated (ECHR) - 2012, 169, 289
muslim group are discriminated against by not being allowed to wear distinctive dress in public (case) - 2010, 164, 92
muslim prayers performed in public can be banned by army, but must disclose all documents for fair trial (ECHR) - 2011, 166, 78
parliamentarian prevented from taking the oath due to headscarf is given disproportionate sanction (case) - 2008, 161, 153
refusal of authorities to allow a married women to use only her maiden name, violated Article 14 (ECHR) - 2013, 171, 125
refusal to register properties belonging to Orthodox Church violated EU 'peaceful enjoyment of possessions' (case) - 2010, 165, 214
required statement of holder's religion on identity card breaches rights (case) - 2010, 164, 109
treatment & imprisonment of Jehovah's Witness for refusing military service violates rights (ECHR) - 2012, 168, 119
Turkey not obliged to recognise religious (non-civil) marriage for purpose of survivor's benefits (ECHR) - 2011, 166, 98
Turkish authorities dissolving a political party is against their human rights (ECHR) - 2011, 166, 80
Ukraine
canonical allegiance: state should allow parish statute changes - 2007, 159, 160

Published by:

The Edmund Plowden Trust