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The Kokkinakis and Larissis judgments

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  1. The Kokkinakis and Larissis judgments
  2. The Strasbourg Court supervision
  3. Stigma proselytizing

The Court states, unanimously, that the measure "a legitimate aim" as it was aimed at protecting public order. Thus, the Court recognizes that the States a margin of appreciation in assessing the existence and extent of the need for interference. However, the judges point out that this goes along with the control of the law and the decisions applying it. A proportional control is performed by the ECHR.

A criminal conviction is not proportionate to the legitimate aim nor necessary in a democratic society. The state does not have to make a judgment on the legitimacy of religious beliefs or the means used to express them.

In a Thlimmenos against Greece on 6 April 2000 which dealt with the refusal to appoint a person to a chartered accountant's post because of his criminal conviction for refusing to wear military uniform. "It belonged to the State to adopt appropriate exceptions to the provisions of national law which exclude the public service who have been convicted of a crime, and that when the insubordination led to the conviction and had basis for religious beliefs of the person concerned "( 40-48).

[...] You just rearrange the standard and incorporate "appropriate exceptions". The State must thus operate "differentiations and reasonable accommodation." According to S. Van Drooghenbroeck, the proportionality requirement is based on the idea that the measure is necessary to the aim pursued and least restrictive of the rights and freedoms guaranteed by the Convention. Vergos With the judgment of 24 June 2004, dealing with the refusal of the authorities to erect a house of prayer for the "True Orthodox Christians" community (VOCs), the Court found no violation of article 9 because enactment is "apparently neutral". [...]


[...] In Kokkikanis judgment the Court distinguished between "Christian witness" and "improper proselytism". According to the judges, improper proselytism should be suppressed. The Greek Government states that the purpose of the condemnation of M.Kokkinakis was to protect a "known" religion and guarantee freedom of conscience and religion of the victim. The Court recognizes "the right to try to convince his neighbor." This is part of the freedom to change religion enshrined in the same article (Kokkinakis 31). The Greek courts pursued a legitimate aim. [...]


[...] The Kokkinakis and Larissis judgments The Strasbourg Court supervision in the Manoussakis against Greece on 26 September 1996, the trend of prohibitive legislation and the Greek case law with regard to the practice of Jehovah's Witnesses. . ) But a law which subjects the exercise of worship to the prior grant of an authorization to criminal penalties, is hindrance "to worship and could not be considered a protective law of freedom religion ( . ) 37 . ) The right to freedom of religion as guaranteed under the Convention excludes any discretion on the part of the State on the legitimacy of religious beliefs or the means of expression thereof. [...]


[...] There is no evidence that there has been improper use of constraints. Thus, the sentences imposed on the accused were "disproportionate". Efstratiou against Greece of 18 December 1996: Jehovah's Witnesses, religious belief, education. Valsamis against Greece du18 December 1996: Jehovah's Witnesses, ditto. Manoussakis and others against Greece on 26 September 1996: Jehovah's Witnesses, proselytizing, use of a private room as a place of worship and religious celebrations, the conditions for the authorization of places of worship, a violation of Article 3. [...]

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