Strasbourg Observers

View posts from: Freedom of Religion

  • Lourdes Peroni

Leaving Aside Freedom of Religion Complaints

November 12, 2010

Some of us were expecting with great interest the Court’s judgment in Ali v. Romania, particularly its decision concerning the alleged violation of freedom of religion. The applicant, a Muslim serving a sentence in Rahova Prison, complained that the prayer room had been closed. The judgment came out this week. The Court’s decision on Article […]

  • Saïla Ouald Chaib

Şerife Yiğit v. Turkey: The Court did it again!

November 10, 2010

The first post I wrote for our blog was titled: “Is a more inclusive wind blowing through the Court?”. In this post I discussed the case of Muñoz Díaz v. Spain that came out atthe end of 2009, about the non-entitlement to a widow pension by a women who was married for 29 years, but […]

  • Saïla Ouald Chaib

Konstantin Markin: One more applause to the Court. This time from a perspective of religious minority rights

October 27, 2010

The case Konstantin Markin v. Russia was already discussed in a previous post written by my colleague Alexandra who, from a gender perspective, found it a very interesting case, worth applauding on several points. I want to add an additional point from the perspective of religious minority rights. When reading the case I was surprised […]

  • Lourdes Peroni

Lautsi and the Empty Wall

July 08, 2010

Is an empty wall in a state school classroom more neutral than a crucifix on it? No, it is not, argued NYU Professor, Joseph Weiler, representing various intervening governments in the very much expected Lautsi hearing last week. In his view, the naked wall (the absence of religion) is not a neutral option, particularly in […]

  • Saïla Ouald Chaib

Jehovah’s Witnesses of Moscow v. Russia: Strange considerations, but good conclusion

June 23, 2010

On the 10th of June, the ECtHR issued a judgment about the religious community of Jehovah’s Witnesses of Moscow. In this case, the applicants firstly complained of a breach of article 9 of the Convention since the religious community was dissolved and its activities were permanently banned. The dissolution was ordered following allegations for luring […]

  • Saïla Ouald Chaib

About crucifixes and headscarves in Dutch jurisprudence. Is there a difference between both?

June 17, 2010

The Appeal Court of Amsterdam (Gerechtshof Amsterdam) issued on the 15th of June an interesting judgment concerning the wearing of crucifixes by the personnel of a private company that provides public transport services. The personnel of the company GVB must wear a uniform during working hours. The wearing of ornaments on their uniform such as […]

  • Saïla Ouald Chaib

“I swear I am not an Orthodox Christian!” Oath taking rules in Greek penal law: Dimitras v. Greece

June 10, 2010

The general rule in the Greek penal law requires witnesses to take an oath on the Gospels. Accordingly witnesses are a priori considered to be of the Orthodox Christian faith. Individuals who have another religion or who do not have a religion must declare this explicitly to the judge during the hearing. When the witness […]

  • Lourdes Peroni

Conscientious objection: unfortunate precedent should not survive in the Grand Chamber

June 01, 2010

It is great news that the Grand Chamber has accepted the request for referral in the conscientious objection case of Bayatyan v. Armenia. Last October, against commonly accepted standards in the Council of Europe Member States (see, PACE, Recommendation 1518, 2001, paras. 2 and 3) and, despite Armenia’s official commitment to pardon conscientious objectors (see, […]

  • Lourdes Peroni

Remembering Lautsi

May 10, 2010

“When is a cross a cross?” was the heading of a post by Stanley Fish earlier this month in the NY Times Opinionator Blog. The entry referred to US Supreme Court’s recent ruling in Salazar v. Buono concerning a solitary Latin cross standing in the Californian desert as a memorial for those who fought in […]

  • Lourdes Peroni

Would a Niqab and Burqa ban pass the Strasbourg test?

May 04, 2010

By Lourdes Peroni, Saïla Ouald-Chaib and Stijn Smet Whether it is a Burqa or a Niqab, what is at stake is a face-covering veil. This veil is increasingly becoming the subject of heated discussion within Europe. In France, a bill that aims to prohibit its wearing is the subject of a national debate. Also at […]

  • Lourdes Peroni

Religion and the Public Space

April 12, 2010

Once more, the Court has been called to decide on a case concerning the public manifestation of beliefs through religious attire, this time in the open public square (Ahmet Arslan et Autres c. Turquie). The outcome is certainly positive. However, prospects for the wearing of religious garment inside public institutions are far from clear. The […]

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