EGMR: Difference between retirement pensions of Catholic priests and Evangelical ministers amounted to discrimination

In today’s Chamber judgment in the case Manzanas Martín v. Spain (application no. 17966/10), which is not final, the European Court of Human Rights held, unanimously, that there had been a violation of Article 14 (prohibition of discrimination) taken together with Article 1 of Protocol No. 1 (protection of property) of the European Convention on Human Rights. The case concerned a difference in treatment between priests of the Catholic Church and Evangelical ministers regarding the calculation of their pension rights. Whilst priests could have their previous years of religious service taken into account in calculating their retirement pension – by paying the corresponding contributions – Evangelical ministers could not bring into account their years of service prior to joining the social-security scheme. Den Rest des Beitrags lesen »

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EGMR: Refusal to adjourn a hearing listed on a Jewish holiday did not infringe lawyer’s freedom of religion

In today’s Chamber judgment in the case Sessa Francesco v. Italy (application no. 28790/08), which is not final, the European Court of Human Rights held, by a majority, that there had been no violation of Article 9 (right to freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned the judicial authority’s refusal to adjourn a hearing listed on the date of a Jewish holiday. The Court considered in particular that, even supposing that there had been an interference with the applicant’s right under Article 9, such interference, prescribed by law, was justified on grounds of the protection of the rights and freedoms of others – and in particular the public’s right to the proper administration of justice – and the principle that cases be heard within a reasonable time. Den Rest des Beitrags lesen »

EGMR: Refusal to register an Orthodox clergy trade union breached right to freedom of association

In today’s Chamber judgment in the case Sindicatul Păstorul cel Bun v. Romania (application no. 2330/09), which is not final, the European Court of Human Rights held, by a majority, that there had been a violation of Article 11 (freedom of assembly and association) of the European Convention on Human Rights. The case concerned a union set up by members of the clergy and lay members of the Orthodox Church, and its entry in the trade unions register. Den Rest des Beitrags lesen »

EGMR: Feti Demirtas v. Turkey (no. 5260/07)

The applicant, Mr Feti Demirtas, is a Turkish national who was born in 1981 and lives in Istanbul. He was baptised as a Jehovah’s Witness at the age of 20 and refuses to perform his military service. He has declared his willingness to perform alternative civilian service. Den Rest des Beitrags lesen »

EGMR: Bukharatyan v. Armenia (application no. 37819/03), Tsaturyan v. Armenia (no. 37821/03)

The applicants, Hayk Bukharatyan and Ashot Tsaturyan, are Armenian nationals who were both born in 1980 and live in Yerevan. Jehova’s Witnesses, they complained about being convicted and sentenced to two years in prison in April 2003 for refusing to serve in the army. They relied on Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. Den Rest des Beitrags lesen »