The European Court of Human Rights has delivered, unanimously, its advisory opinion in response to a request (no. P16-2023-001) from the Belgian Conseil d’État (supreme administrative court) concerning proceedings pending before that court. The Conseil d’État asked the following question: Den Rest des Beitrags lesen »
ECHR: Advisory opinion as to whether an individual considered to be a supporter of the “scientific” Salafist ideology may be denied authorization to work as a security guard
14. Dezember 2023 — Dr. Georg NeureitherECHR: Ţîmpău v. Romania (no. 70267/17)
5. Dezember 2023 — Dr. Georg NeureitherThe applicant, Doina Ţîmpău, was born in 1964 and lives in Câmpulung Moldovenesc, Suceava County (Romania). She worked for 20 years as a lay teacher of Orthodox religion in a public school. The case concerns the Archbishop of Suceava’s withdrawal of his endorsement (binecuvântarea) of Ms Ţîmpău to teach religion, alleging unprofessional conduct and a failure to confirm that she was a true preacher of the word of God. Ms Ţîmpău went to court, but the national courts ultimately held that she could not make her case against the Archbishop’s decision before secular courts. Den Rest des Beitrags lesen »
ECHR: Court rejects as inadmissible complaints about controversial artwork “Amen”
30. November 2023 — Dr. Georg NeureitherIn its decision in the case of Asociación de Abogados Cristianos v. Spain (application no. 22604/18) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned an artwork, called Amen, which was part of an exhibition financed by the local authorities in Pamplona in 2015. The use of consecrated pieces of the host in the artwork sparked public outrage and led the applicant association to lodge a criminal complaint against both the artist and a local councillor. Den Rest des Beitrags lesen »
ECHR: Georgian Muslim Relations and Others v. Georgia (application no. 24225/19)
30. November 2023 — Dr. Georg NeureitherThe first applicant, Georgian Muslim Relations, is a non-profit association, whose main objective is to foster support for religious education and to provide free education to socially vulnerable children. The other applicants are seven Georgian nationals who belong to the Muslim minority. The case concerns the authorities’ response to the applicants’ being prevented from opening a Muslim boarding school. Den Rest des Beitrags lesen »
ECHR: Internationale Humanitäre Hilfsorganisation e.V. v. Germany (no. 11214/19)
10. Oktober 2023 — Dr. Georg NeureitherThe applicant, Internationale Humanitäre Hilfsorganisation e.V., was a non-profit association with its headquarters in Frankfurt a.M. The case concerns its proscription and the seizure of its assets which entailed its dissolution. Den Rest des Beitrags lesen »
ECHR: Gurbanov v. Armenia (application no. 7432/17)
5. Oktober 2023 — Dr. Georg NeureitherThe applicant, Salman Gurbanov, is an Azerbaijani national who was born in 1968 and lives in Baku. The applicant’s 22-year-old son, a soldier in the Azerbaijani Armed Forces, was killed in military clashes that took place on the border between Azerbaijan and Armenia on 29 December 2016. His body was found in the Tavush region of Armenia. Den Rest des Beitrags lesen »
ECHR: Midyat Saint Gabriel’s Syriac Monastery Foundation (no. 13176/13)
3. Oktober 2023 — Dr. Georg NeureitherThe applicant, the Midyat Saint Gabriel’s Syriac Monastery Foundation (Midyat Süryani Deyrulumur Mor Gabriel Manastırı Vakfı), a foundation established under Turkish law, is a religious institution that was created during the Ottoman Empire. Its status is currently governed by Law no. 2762 of 13 June 1935, under which it is a legal entity. In particular, the Foundation manages Saint Gabriel’s Monastery (Mor Gabriel Manastırı), one of the oldest monasteries in the world, which is located in Midyat, Mardin province, where it was built in the fourth century. The case concerns the judicial authorities’ refusal to order the registration, in the applicant foundation’s name, of land that it claims has been in its possession without interruption for a long period of time and is part of the cemetery of the Syriac community. Den Rest des Beitrags lesen »
ECHR: Homophobic article by senior official of Greek Orthodox Church was incompatible with the Convention
31. August 2023 — Dr. Georg NeureitherIn its decision in the case of Lenis v. Greece (application no. 47833/20) the European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final. The case concerned Mr Lenis’s posting of a homophobic article on his personal blog in December 2015, when the Greek Parliament had been about to debate proposed legislation introducing civil unions for same-sex couples, and his subsequent prosecution and sentencing for incitement to hatred and discrimination. At the time, Mr Lenis was the Metropolitan (equivalent of a bishop) of the Greek Orthodox Church for Kalavryta and Aigialeia. Den Rest des Beitrags lesen »
ECHR: Obtaining consent for Jehovah’s Witnesses’ collecting of personal data necessary to protect rights of others
9. Mai 2023 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Jehovah’s Witnesses v. Finland (application no. 31172/19) the European Court of Human Rights held, unanimously, that there had been no violation of Article 6 (right to a fair trial) of the European Convention on Human Rights, and no violation of Article 9 (freedom of thought, conscience and religion). The case concerns the obligation for individual Jehovah’s Witnesses to obtain consent when collecting personal data during their door-to-door preaching. Den Rest des Beitrags lesen »
ECHR: Chief Rabbinate of the Jewish Community in İzmir v. Türkiye (no. 1574/12)
14. März 2023 — Dr. Georg NeureitherThe applicant is the Chief Rabbinate of the Jewish Community in İzmir. At the relevant time it was a religious institution whose members were Turkish citizens of the Jewish faith. On 13 December 2011 it acquired the status of foundation and took the name “Foundation of the Jewish Community of İzmir”. The case concerns judicial proceedings following which the foundation was denied permission to register property, namely a plot of land on which was erected a former synagogue, its claim being that the land had belonged to it for a long time. Den Rest des Beitrags lesen »
ECHR: Cupiał v. Poland (no. 67414/11)
9. März 2023 — Dr. Georg NeureitherThe applicant, Dariusz Cupiał, is a Polish national who was born in 1962 and lives in Warsaw. The case concerns the applicant’s trial and criminal conviction for psychologically abusing his children by subjecting them to allegedly excessive religious practices. Den Rest des Beitrags lesen »
ECHR: New legislation restricting missionary work in Russia breached the Convention
7. März 2023 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Ossewaarde v. Russia (application no. 27227/17) the European Court of Human Rights held, unanimously, that there had been a violation of Article 9 (freedom of religion) of the European Convention on Human Rights, and a violation of Article 14 (prohibition of discrimination) of the European Convention taken in conjunction with Article 9. The case concerns a US national living in Russia, a Baptist Christian, who was fined for holding Bible study meetings in his home without notifying the authorities. Den Rest des Beitrags lesen »
ECHR: Kılıc v. Austria (application no. 27700/15)
12. Januar 2023 — Dr. Georg NeureitherThe applicants, Selma Kılıc and Mürsel Kılıc, are Turkish nationals who were born in 1975 and 1974 respectively and live in Vienna. The case concerns the placement of the applicants’ children with foster families following their removal from the applicants’ care due to allegations of neglect. The domestic courts ruled, ultimately, that returning the children to their parents would put them in danger. Den Rest des Beitrags lesen »
ECHR: No violation of Article 10 of the Convention in Mr Zemmour’s conviction for inciting discrimination and religious hatred against the French Muslim community
20. Dezember 2022 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Zemmour v. France (application no. 63539/19) the European Court of Human Rights held, unanimously, that there had been no violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned the applicant’s conviction and sentencing for the offence of inciting discrimination and religious hatred against the French Muslim community for statements made on a television show in 2016. He alleged a violation of his right to freedom of expression. Den Rest des Beitrags lesen »
ECHR: The circulation of information containing derogatory and hostile remarks about the applicants’ religious movement breached their right to freedom of religion
13. Dezember 2022 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Tonchev and Others v. Bulgaria (application no. 56862/15) the European Court of Human Rights held, unanimously, that there had been a violation of Article 9 (right to freedom of thought, conscience and religion) of the European Convention on Human Rights. In this case, the applicants – three pastors and three religious associations – complained of the circulation to schools in 2008 by the Burgas municipal authority of information about their faith containing remarks which they considered hostile and defamatory. Den Rest des Beitrags lesen »
ECHR: Ilyin and Others v. Ukraine (no. 74852/14)
17. November 2022 — Dr. Georg NeureitherThe applicants are nine Ukrainian nationals, born between 1954 and 1986. In December 2021, they were living in Kyiv. The applicants are followers of the Unification Church, founded by the Reverend Sun Myung Moon. They created a religious community and attempted to have it registered as a legal entity. The case concerns the Kyiv City State Administration’s refusal to register their community. Den Rest des Beitrags lesen »
ECHR: Arnavutkoy Greek Orthodox Taksiarhis Church Foundation v. Türkiye (no. 27269/09)
15. November 2022 — Dr. Georg NeureitherThe applicant association, the Arnavutkoy Greek Orthodox Taksiarhis Church Foundation (Arnavutköy Taksiarhis Rum Kilisesi Vakfı), is one of the foundations under Turkish law of the Greek Orthodox Community of Istanbul. The case concerns judicial proceedings leading to a refusal to register property which, according to the applicant foundation, had been in its continuous possession for a long period and had been mentioned in a declaration of 1936, its founding document. Den Rest des Beitrags lesen »
ECHR: The applicants’ inability to obtain a review of the prohibition on burying their sons abroad during the criminal investigation breached the Convention
8. November 2022 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Aygün v. Belgium (application no. 28336/12) the European Court of Human Rights held, unanimously, that there had been a violation of Articles 8 (right to respect for private and family life) and 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. 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. Den Rest des Beitrags lesen »
ECHR: The Court finds several Convention violations on account of manifest deficiencies in the follow-up by the authorities of a child placed in foster care
3. November 2022 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Loste v. France (application no. 59227/12) the European Court of Human Rights held, unanimously, that there had been a violation of Article 13 (right to an effective remedy) taken in conjunction with Articles 3 and 9 of the European Convention on Human Rights, a violation of Article 3 (prohibition of inhuman or degrading treatment), and a violation of Article 9 (freedom of thought, conscience and religion). Den Rest des Beitrags lesen »
ECHR: Proceedings concerning cyanide-poisoning plot in Georgian Orthodox Church, violations of open-court principle and presumption of innocence
3. November 2022 — Dr. Georg NeureitherThe case Mamaladze v. Georgia (application no. 9487/19) concerned the proceedings against a priest and director of a medical clinic for plotting to kill the personal secretary of the Georgian Orthodox Church’s Patriarch while in Berlin. She was part of a delegation accompanying the Patriarch to that city for medical treatment. Mr Mamaladze was ultimately found guilty of “preparation of murder”. Den Rest des Beitrags lesen »
ECHR: Suspended prison sentence imposed on Femen activist for topless protest in a church
13. Oktober 2022 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Bouton v. France (application no. 22636/19) the European Court of Human Rights held, unanimously, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned the criminal conviction of the applicant, a feminist activist who at the time was a member of Femen, for acts of “sexual exposure” (exhibition sexuelle) committed in a church (La Madeleine) in Paris during a “performance” by way of protest against the Catholic Church’s position on abortion. She received a suspended prison sentence. Den Rest des Beitrags lesen »
ECHR: Polish popstar’s conviction for blasphemy breached the Convention
15. September 2022 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Rabczewska v. Poland (application no. 8257/13) the European Court of Human Rights held, by six votes to one, that there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned a pop singer in Poland known as Doda and comments she had made in an interview about the Bible which the courts decided were blasphemous. Den Rest des Beitrags lesen »
ECHR: The expulsion of unlawfully resident Tajik nationals would not breach the Convention
21. Juni 2022 — Dr. Georg NeureitherThe case of M.N. and Others v. Türkiye (application no. 40462/16) concerned the risk of the applicants being expelled from Türkiye to Tajikistan on the grounds that they did not have valid visas and would pose a threat to public safety owing to their participation in Koranic study classes that had not been registered with the Turkish authorities. Den Rest des Beitrags lesen »
ECHR: Complaint around social housing being reserved for Orthodox Jewish community in Hackney rejected
16. Juni 2022 — Dr. Georg NeureitherIn its decision in the case of L.F. v. the United Kingdom (application no. 19839/21) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. L.F. is a single mother with four children, two of whom have been diagnosed with autism spectrum disorder. The case concerned her attempt to access suitable social housing from the Agudas Israel Housing Association – an Orthodox Jewish housing charity who, in line with an agreement, made some of its stock available for individuals seeking housing in the London Borough of Hackney. The Court held that the arrangement between Hackney Borough and Agudas Israel was objectively and reasonably justified given in particular the difficulties that the Orthodox Jewish community had in accessing accommodation, and concluded that the application was manifestly ill-founded. Den Rest des Beitrags lesen »
Religion – Weltanschauung – Recht [ RWR ] 