Strasbourg Court, Greece Manoussakis
The judgment of the Court E.D.H. , Kokkinakis against Greece of 25 May 1993 allows to analyze individual aspects of that freedom.
Under Article 9, freedom to manifest one's religion is not only exercisable in community with others, "in public" and within the circle of those whose faith one shares. It can also be asserted "alone" and "privately".
The judgment of the Strasbourg Court against Greece Manoussakis of 26 September 1996, allows, meanwhile, perceive the collective aspects of this freedom. In this case, a Jehovah's Witness brought an action before the ECHR against a sentence of three months imprisonment pronounced by a local court. He had turned the house of prayer in the dining room without authorization from the recognized ecclesiastical authority and the Ministry of Education
[...] considers that the Court of Appeal had granted "key importance to the religion of the applicant, severely criticizing the educational principles that would be required by this religion." Judges and operate "between the parents a difference in treatment based on the religion of the applicant If the Court of Appeal "pursued a legitimate aim, namely the protection of children's interests," it expressed "generalities". The Strasbourg Court regrets the lack of social inquiry. "No concrete and direct element demonstrates the influence of the religion of the applicant's education and daily life of her children." The Hoffmann off against Austria of 23 June 1993, admits that there is no need to stand on the ground of Article 9. However, the violation of Articles 8 and 14 taken together proved. Ms. Hoffman and her husband are divorced. Ms. Hoffmann becomes Jehovah Witness. [...]
[...] A judgment of 97 members of the Congregation of Jehovah's Witnesses Gldani and 4 others against Georgia 3 May 2007 deals with the attack on members of the congregation by an Orthodox religious group. The Georgian authorities are passive. The Court E.D.H January 2007 makes a stop against Kuznetsov Russia. Russian nationals living in Chelyabinsk (Russia) are Jehovah's Witnesses. Their meeting was interrupted in April 2000 by the Commissioner for Human Rights, accompanied by two police officers. The next day, the lease they had contracted with a completed college. The group filed an appeal. [...]
[...] The principles of neutrality and impartiality were infringed. On 26 July 2007, the Strasbourg judges make a ruling Barankevich v. Russia. In hope, a Russian national, pastor of the Christian evangelical church "Grace of Christ" sees refused permission to hold an office of worship that he planned to organize in a Chekhov Park. Actions brought by the pastor are rejected on the grounds that the church to which the applicant belongs is different from that of the majority of local residents. [...]
[...] Keller against Germany 4 March 1998: school administration, Scientology, respect for the religious convictions of parents. Tsavachidis against Greece of 28 October 1997: freedom of association, Jehovah's witnesses, legal opening of a place of worship. Efstratiou against Greece of 11 April 1996: religious beliefs, Jehovah's witnesses, teaching. Pentidis, Katharios and Stagopoulos against Greece on 27 February 1996: Jehovah's witnesses, use of a private room as a place of worship and religious celebrations. Valsamis against Greece on 6 July 1995: religious beliefs, Jehovah's witnesses, teaching. [...]
[...] At this stage the study, one must analyze the control of the European Court of Human Rights. In the Kokkinakis judgment against Greece, conviction for proselytism is considered disproportionate. The attempt to convert a person to Orthodox religion is punishable by imprisonment and required by law. It does not correspond to a "pressing social need" since the Greek courts did not explain what would M.Kokkinakis delivered by improper means, a real proselytism. "As enshrined in Article freedom of thought, conscience and religion is one of the foundations of democratic society "within the meaning of the Convention. [...]
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