The state’s duty of neutrality and freedom of religious association

Case law of the European Court of Human Rights

Abstract

This article begins by examining the European Court of Human Rights’ judgement in a case originating from Moldova, where a particular denomination in the Orthodox tradition was denied government recognition. The decision is compared with other Court decisions as well as several declarations and international treaties on the matter. The article concludes that the state’s duty of neutrality is incompatible with any role in assessing the legitimacy of religious convictions or their forms of manifestation. Moreover, mere government tolerance of a religious group cannot be considered an adequate substitute for official recognition. Therefore, refusal to recognise the legal personality of a religious community is a severe constraint on its ability to practise its faith, as secured by Article 9 of the European Convention on Human Rights.