Article 9 - Freedom of thought, conscience and religion
All Updates
Cases selected for updating the Case-Law Guide.
Lindholm and the Estate after Leif Lindholm v. Denmark, no. 25636/22
Administration of blood transfusion to an unconscious Jehovah’s Witness in an emergency situation despite his advance medical directive refusing such measure.
Judgment
Mikyas and Others v. Belgium (dec.), no. 50681/20
Pupils prohibited from wearing the Islamic veil by State school regulations in the Flemish Community.
Decision | Legal Summary
Kanatli v. Türkiye, no. 18382/15
Conviction for refusing to perform military reserve service on conscientious grounds.
Judgment
Föderation der Aleviten Gemeinden in Österreich v. Austria, no. 64220/19
Refusal to register the applicant association as a religious community.
Judgment
Executief van de Moslims van België and Others v. Belgium, nos. 16760/22 and 10 others
Obligation to stun animals prior to their ritual slaughter.
Judgment | Legal Summary
Sardar Babayev v. Azerbaijan, nos. 34015/17 and 26896/18
Conviction of a clergyman for preaching and conducting prayers solely based on ban on the conduct of religious rituals by persons who obtained their education abroad.
Judgment
Advisory opinion as to whether an individual may be denied authorisation to work as a security guard or officer on account of being close to or belonging to a religious movement [GC], no. P16-2023-001
Denial of authorisation to work as a security guard on account of being close to or belonging to a religious movement.
Advisory Opinion | Legal Summary
Ossewaarde v. Russia, no. 27227/17
Administrative sanction of the applicant for holding Bible meetings at his home without notifying the authorities.
Judgment | Legal Summary
Tonchev and Others v. Bulgaria, no. 56862/15
Information circulated to schools by the municipal authority containing pejorative and hostile remarks about the Evangelical denomination to which the applicant associations and pastors belonged.
Judgment | Legal Summary
Ilyin and Others v. Ukraine, no. 74852/14
Refusal to register a religious community as a legal entity due to name being liable to mislead believers and the general public.
Judgment | Legal Summary
Aygün v. Belgium, no. 28336/12
Parents prohibited from burying their sons abroad during the criminal investigation into their killing. Applicability and merits.
Judgment
Loste v. France, no. 59227/12
State’s positive obligations concerning observance of religious neutrality clause by foster family.
Judgment
Constantin-Lucian Spînu v. Romania, no. 29443/20
Denial of permission for prisoner to attend religious services outside prison during Covid-19 pandemic.
Judgment | Legal Summary
Abdullah Yalçın v. Turkey (No. 2), no. 34417/10
Refusal to allocate room in high-security prison to Muslim prisoner for congregational Friday prayers. Applicability and merits.
Judgment | Legal Summary
Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others
Forced dissolution of Jehovah’s Witnesses’ religious organisations and others measures.
Judgment
Teliatnikov v. Lithuania, no. 51914/19
No clear alternative to military service for conscientious objectors.
Judgment
Anderlecht Christian Assembly of Jehovah’s Witnesses and Others v. Belgium, no. 20165/20
Failure to grant congregations of Jehovah’s Witnesses exemption from property tax.
Judgment | Legal Summary
Abdi Ibrahim v. Norway [GC], no. 15379/16
Adoption by foster parents with a religious faith different to that of a biological parent (Article 8 in light of Article 9).
Judgment | Legal Summary
Centre of Societies for Krishna Consciousness in Russia and Frolov v. Russia, no. 37477/11
Use of derogatory language and unsubstantiated allegations for describing applicant’s centre’s religious beliefs.
Judgment | Legal Summary
Corley and Others v. Russia, nos. 292/06 and 43490/06
Enforced departures of foreign missionaries connected with their religious work, with the objective of preventing the spreading of their teaching.
Judgment
De Wilde v. the Netherlands (dec.), no. 9476/19
Applicability: the non-recognition of a movement as a religion at domestic level.
Decision | Legal Summary
Polat v. Austria, no. 12886/16
Post-mortem examination of a new-born, despite parents' objections on religious grounds. Applicability and merits.
Judgment | Legal Summary
Ancient Baltic religious association “Romuva” v. Lithuania, no. 48329/19
Denial of State recognition to a pagan religious association.
Judgment | Legal Summary
Vavřička and Others v. the Czech Republic [GC], nos. 47621/13 and 5 others
Applicability: parent fined and children excluded from preschool for refusal to comply with statutory child vaccination duty.
Judgment | Legal Summary
Neagu v. Romania, no. 21969/15
Obligation for prisoners to furnish documentary proof of religious conversion.
Judgment | Legal Summary
Saran v. Romania, no. 65993/16
Refusal to provide a prisoner meals compatible with the precepts of his religion.
Judgment | Legal Summary
The Religious Denomination of Jehovah’s Witnesses in Bulgaria v. Bulgaria, no. 5301/11
Measures by municipality and court decisions preventing construction of a house of worship on its own land.
Judgment
Perovy v. Russia, no. 47429/09
Mere presence of seven-year-old child at one-off short religious ceremony in municipal school, without indoctrination aims.
Judgment | Legal summary
Christian Religious Organization of Jehovah's Witnesses v. Armenia (dec.), no. 73601/14
Refusal to exempt religious organisation from taxation on regular imports of religious material.
Decision | Legal Summary
Mariș v. Romania (dec.), no. 58208/14
Refusal to rectify religion in prison file.
Decision | Legal Summary
Stavropoulos and Others v. Greece, no. 52484/18
Birth certificate revealing parents’ choice not to christen their child.
Judgment | Legal Summary
Erlich and Kastro v. Romania, nos. 23735/16 and 23740/16
Execution of a judgment recognising the right of Jewish prisoners to have kosher meals.
Judgment | Legal Summary
Korostelev v. Russia, no. 29290/10
Muslim prisoner reprimanded for performing acts of worship at night time in breach of prison schedule.
Judgment | Legal Summary
Dyagilev v. Russia, no. 49972/16
Dismissal of request for replacement of compulsory military service with its civilian alternative. Conscientious objection.
Judgment | Legal Summary
Nasirov and Others v. Azerbaijan, no. 58717/10
Measures against members of the Religious Community of Jehovah’s Witnesses for door to-door preaching and distribution of religious literature.
Judgment