In today’s Chamber judgment in the case of Wunderlich v. Germany (application no. 18925/15) the ECHR held, unanimously, that there had been no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned the withdrawal of some aspects of the parents’ authority and the removal of the four children from their family home for three weeks, after the applicants persistently refused to send their children to school. Den Rest des Beitrags lesen »
EGMR: Partial withdrawal of parental authority and removal of children from family home after the refusal to send them to school did not violate article 8
10. Januar 2019 — Dr. Georg NeureitherEGMR: Forthcoming judgment on Thursday 10 January 2019 – Wunderlich v. Germany (no. 18925/15)
4. Januar 2019 — Dr. Georg NeureitherThe applicants, Dirk Wunderlich and Petra Wunderlich, are two German nationals who were born in 1966 and 1967 respectively. They are a married couple and are the parents of four children. The case concerns the withdrawal of some aspects of their parental authority and the removal of their children from their home for three weeks after the applicants refused to send them to school. Den Rest des Beitrags lesen »
EGMR: Sharia law applied to an inheritance dispute contrary to the will of the testator, a Greek belonging to the Muslim minority: violation of the Convention
19. Dezember 2018 — Dr. Georg NeureitherIn today’s Grand Chamber judgment in the case of Molla Sali v. Greece (application no. 20452/14) the European Court of Human Rights held, unanimously, that there had been a violation of Article 14 (prohibition of discrimination) of the European Convention on Human Rights, read in conjunction with Article 1 of Protocol No. 1 (protection of property) to the Convention. Den Rest des Beitrags lesen »
EGMR: Forthcoming Grand Chamber judgment in a case concerning the application of Islamic religious law (Sharia law) to an inheritance dispute
12. Dezember 2018 — Dr. Georg NeureitherThe European Court of Human Rights will be delivering a Grand Chamber judgment in the case of Molla Sali v. Greece (application no. 20452/14) at a public hearing on 19 December 2018 at 10 a.m. in the Human Rights Building, Strasbourg. The case concerns the application by the Greek courts of Islamic religious law (Sharia law) to a case relating to an inheritance right vis-à-vis the estate of the deceased husband of Ms Molla Sali, a Greek national belonging to the Muslim minority. Den Rest des Beitrags lesen »
ECHR: Conviction for calling Muhammad a paedophile is not in breach of Article 10
25. Oktober 2018 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of E.S. v. Austria (application no. 38450/12) 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 for disparaging religious doctrines; she had made statements suggesting that Muhammad had had paedophilic tendencies. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Thursday 25 October 2018 – E.S. v. Austria (no. 38450/12)
18. Oktober 2018 — Dr. Georg NeureitherThe applicant, E.S., is an Austrian national who was born in 1971 and lives in Vienna. The case concerns the applicant’s conviction for disparaging religious doctrines. Den Rest des Beitrags lesen »
EGMR: Excessive length of criminal proceedings concerning a conviction for sexual relations with a minor – Bivolaru v. Romania (no. 2) (application no. 66580/12)
2. Oktober 2018 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Bivolaru v. Romania (no. 2) (application no. 66580/12) the European Court of Human Rights held, unanimously, that there had been no violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights regarding the complaint of a failure by the High Court to take steps to hear Mr Bivolaru in person, and a violation of Article 6 § 1 (right to a fair trial within a reasonable time) with regard to the length of the proceedings. The case concerned criminal proceedings in which Mr Bivolaru – leader of a movement known as the “Movement for spiritual integration in the absolute” (“MISA”) – was sentenced to six years’ imprisonment for sexual relations with a minor. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 2 October 2018 – Bivolaru v. Romania (no. 2) (no. 66580/12)
28. September 2018 — Dr. Georg NeureitherThe applicant, Gregorian Bivolaru (alias Magnus Aurolsson), is a Romanian national who was born in 1952. He is the leader of a movement known as the “Movement for spiritual integration in the absolute” (“MISA”). The case concerns criminal proceedings in which Mr Bivolaru was sentenced to six years’ imprisonment on charges of sexual relations with a minor. Den Rest des Beitrags lesen »
EGMR: Deportation to Tunisia of a person deemed to be a threat to national security to Germany not in breach of the Convention
27. September 2018 — Dr. Georg NeureitherIn its decision in the case of Saidani v. Germany (application no. 17675/18) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned the applicant’s deportation from Germany to Tunisia because he was deemed to be a potential offender who posed a threat to national security (so-called “Gefährder”), based on his activities for “Islamic State”. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Thursday 27 September 2018 – Saidani v. Germany (no. 17675/18)
20. September 2018 — Dr. Georg NeureitherThe applicant, Haykel Ben Khemais Saidani, is a Tunisian national who was born in 1980. The case concerns the applicant’s deportation from Germany to Tunisia. Den Rest des Beitrags lesen »
EGMR: Exclusion from a courtroom of a woman wearing the Islamic headscarf (hijab) violates Article 9 of the Convention
18. September 2018 — Dr. Georg NeureitherIn today’s Chamber judgment in the case of Lachiri v. Belgium (application no. 3413/09) the European Court of Human Rights held, by a majority (six votes to one), that there had been a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned Mrs Lachiri’s exclusion from a courtroom on account of her refusal to remove her hijab. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 18 September 2018 – Lachiri v. Belgium (no. 3413/09)
14. September 2018 — Dr. Georg NeureitherThe applicant, Hagar Lachiri, is a Belgian national who was born in 1986 and lives in Koekelberg (Belgium). The case concerns her exclusion from a courtroom on account of her refusal to remove her hijab. Den Rest des Beitrags lesen »
EGMR: Fining a clothing company for its “Jesus” and “Mary” advertising campaign breached its freedom of expression
30. Januar 2018 — Ass. iur. Klaus KohnenIn today’s Chamber judgment in the case of Sekmadienis Ltd. v. Lithuania (application no. 69317/14) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 10 (right to freedom of expression) of the European Convention on Human Rights. The case concerned the imposition of a fine on Sekmadienis Ltd., a clothing company, for displaying in Vilnius and on its website a series of advertisements deemed by the Lithuanian courts and other bodies to offend against public morals. The advertisements had used models and captions referring to “Jesus” and “Mary”. Den Rest des Beitrags lesen »
EGMR: Forthcoming judgment on Tuesday 30 January 2018 – Sekmadienis Ltd. v. Lithuania (no. 69317/14)
26. Januar 2018 — Ass. iur. Klaus KohnenThe applicant company, Sekmadienis Ltd., is a limited liability company established under Lithuanian law with its registered office in Vilnius. The case concerns the company’s complaint about being fined for advertising clothes using references to Jesus and Mary. Den Rest des Beitrags lesen
EGMR: Refusal to exempt primary school pupil from sex education did not breach Convention
18. Januar 2018 — Ass. iur. Klaus KohnenIn its decision in the case of A.R. and L.R. v. Switzerland (application no. 22338/15) the European Court of Human Rights has by a majority declared the application inadmissible. The decision is final. The case concerns the refusal by a Basle primary school to grant Ms A.R’s request that her daughter, then aged seven and about to move up to the second year of primary school, be exempted from sex education lessons. The Court found the application manifestly ill-founded. It noted in particular that sex education at a kindergarten and in the first years of primary school was complementary in nature and not systematic; the teachers merely had to “react to the children’s questions and actions”. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Thursday 18 January 2018 – A.R. and L.R. v. Switzerland (no. 22338/15)
11. Januar 2018 — Ass. iur. Klaus KohnenThe applicants, Ms A.R. and her daughter Ms L.R., are Swiss nationals who were born in 1970 and 2003 respectively and live in Basle. The case concerns the refusal by a Basle primary school to grant Ms A.R’s request that her daughter, then aged seven and about to move up to the 2nd year of primary school, be exempted from sex education lessons. Den Rest des Beitrags lesen
EGMR: Defamation verdict violated Swiss NGO’s free-speech rights amid debate on minaret referendum
9. Januar 2018 — Ass. iur. Klaus KohnenIn today’s Chamber judgment in the case of GRA Stiftung gegen Rassismus und Antisemitismus v. Switzerland (application no. 18597/13) 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 a complaint by a non-governmental organisation that its right to freedom of expression had been infringed because the domestic courts had found that it had defamed a politician by classifying his remarks at a speech during a campaign ahead of a 2009 referendum on banning minarets in Switzerland as “verbal racism”. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 9 January 2018 – GRA Stiftung gegen Rassismus und Antisemitismus v. Switzerland (no. 18597/13)
5. Januar 2018 — Ass. iur. Klaus KohnenThe applicant, GRA Stiftung gegen Rassismus und Antisemitismus (the GRA Foundation against Racism and Anti-Semitism), is a non-governmental organisation which is registered in Switzerland. It promotes tolerance and condemns racially motivated discrimination. The case concerns the organisation’s complaint about a court finding of defamation against it. Den Rest des Beitrags lesen
EGMR: A. v. Switzerland (no. 60342/16)
19. Dezember 2017 — Ass. iur. Klaus KohnenThe case concerned the deportation of an Iranian asylum-seeker. The applicant, Mr A., was born in 1982 and grew up in Iran. He entered Switzerland in 2009 and immediately claimed asylum. He brought three sets of asylum proceedings, all without success. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 19 December 2017 – A. v. Switzerland (no. 60342/16)
14. Dezember 2017 — Ass. iur. Klaus KohnenThe case concerns the deportation of an Iranian asylum-seeker. The applicant, Mr A., was born in 1982 and grew up in Iran. He entered Switzerland in 2009 and immediately claimed asylum. He brought three sets of asylum proceedings, all without success. Den Rest des Beitrags lesen
EGMR: Grand Chamber hearing in a case concerning the application of Islamic religious (Sharia) law to an inheritance dispute
6. Dezember 2017 — Ass. iur. Klaus KohnenThe European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 6 December 2017 at 9.15 a.m. in the case of Molla Sali v. Greece (application no. 20452/14). The case concerns the application by the Greek courts of Islamic religious (Sharia) law to a dispute concerning inheritance rights over the estate of the late husband of Ms Molla Sali, a Greek national belonging to the country’s Muslim minority. Den Rest des Beitrags lesen
EGMR: Alković v. Montenegro (application no. 66895/10)
5. Dezember 2017 — Ass. iur. Klaus KohnenThe applicant, Rizo Alković, is a Montenegrin national who was born in 1960. He currently lives in Belgium. The case concerned a series of apparently ethnically and/or religiously motivated attacks against Mr Alković, who is a Roma and a Muslim, by his neighbours in 2009 when he was living in Podgorica (Montenegro). He alleged in particular that, on 26 May 2009, he saw one of his neighbours go to his car, take out a gun and, pointing it in the direction of his apartment’s terrace, fire nine to ten gunshots. In another incident, on 22 September 2009 when Mr Alković was celebrating Ramadan Bayram, a religious holiday, with his family, a large cross was drawn on his apartment door, with a message written on the wall “move out or you’ll bitterly regret it”. Den Rest des Beitrags lesen
EGMR: Convicting a witness of contempt of court for refusing to remove his skullcap was not justified
5. Dezember 2017 — Ass. iur. Klaus KohnenIn today’s Chamber judgment in the case of Hamidović v. Bosnia and Herzegovina (application no. 57792/15) the European Court of Human Rights held, by six votes to one, that there had been: a violation of Article 9 (freedom of religion) of the European Convention on Human Rights. In 2012 Mr Hamidović, a witness in a criminal trial, was expelled from the courtroom, convicted of contempt of court and fined for refusing to remove his skullcap. The Court found that there had been nothing to indicate that Mr Hamidović had been disrespectful during the trial. Punishing him with contempt of court on the sole ground that he had refused to remove his skullcap, a religious symbol, had not therefore been necessary in a democratic society and had breached his fundamental right to manifest his religion. Den Rest des Beitrags lesen
EGMR: Forthcoming judgment on Tuesday 5 December 2017 – Hamidović v. Bosnia and Herzegovina (application no. 57792/15)
30. November 2017 — Ass. iur. Klaus KohnenThe applicant, Husmet Hamidović, is a Bosnian-Herzegovinian citizen who was born in 1976 and lives in Gornja Maoča (Bosnia and Herzegovina). The case concerns his refusal to remove his skullcap while giving evidence before the criminal court which was examining a case about the attack on the US embassy in Sarajevo in 2011. Den Rest des Beitrags lesen
EGMR: Forthcoming Grand Chamber hearing on 6 December 2017 – Molla Sali v. Greece (application no. 20452/14)
29. November 2017 — Ass. iur. Klaus KohnenThe applicant, Ms Chatitze Molla Sali, is a Greek national who was born in 1950 and lives in Komotini (Greece). On the death of her husband, Ms Molla Sali inherited his entire estate under the terms of a will drawn up by her late husband before a notary. The deceased’s two sisters contested the will, on the grounds that their brother had belonged to the Thrace Muslim community and that all matters relating to his estate were therefore subject to Islamic law and to the jurisdiction of the mufti rather than to the provisions of the Greek Civil Code. They relied in particular on the 1920 Treaty of Sèvres and the 1923 Treaty of Lausanne, which provided for Islamic customs and Islamic religious law to be applied to Greek nationals who were Muslims. Den Rest des Beitrags lesen
Religion – Weltanschauung – Recht [ RWR ] 