FOGLI DI LAVORO per il Diritto internazionale 3 ... - Giurisprudenza

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196 FOGLI DI LAVORO per il Diritto internazionale 3/2008 A. Admissibility 69. The Court notes that this complaint is not manifestly illfounded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible. B. Merits 1. The remaining applicant associations' submissions 70. The applicant associations maintained that since 1978, by referring to their movement as a “youth sect”, “youth religion”, “sect” and “psycho-sect”, the Federal Government had infringed their duty of neutrality in religious matters. The scope of their complaint could not be limited to the five examples mentioned in the domestic proceedings (see paragraphs 9-10, above) and to the period of time between 1979 and 1984, but also encompassed numerous statements made by the Government before and after this period of time. They pointed out that the majority of the publications were not made in reply to requests submitted by members of parliament, but were issued by the Government of its own motion. 71. According to the applicant associations, the statements in issue had had a clearly negative connotation and had been made in a climate of interference and oppression by the State and the mainstream churches, and had effectively prevented them from exercising their right to freedom of religion. According to them, this campaign had aimed to denigrate the movement's teachings, to reduce the movement's influence in society, to sever all links with its members and their religious community and also to prevent other people from joining the movement. It had thus directly affected the exercise of the applicant associations' rights under Article 9. 72. The Government's warning and indoctrination campaign had had no legal basis. Neither of the constitutional norms quoted by the Government was sufficiently clear to allow the infringement of the applicant associations' Convention rights. They considered that the principle of proportionality did not set sufficiently clear limits to the exercise of the Government's
FOGLI DI LAVORO per il Diritto internazionale 3/2008 discretionary power where interferences with the freedom of religion derived directly from other constitutional rights. The importance of the right to freedom of religion required a strict adherence to legal principles and at least some procedural rules concerning the involvement of the religious communities in the process of defining the scope of the State powers and safeguards against abuse of authority. In the applicant associations' view the authorities had failed in their duty to enact an adequate legal framework in this respect. 73. The applicant associations further maintained that the interference with their Convention rights was not justified by any of the legitimate aims set out in Article 9 § 2 of the Convention. There could never be a justification for judging religious groups' beliefs as contrasted to their actions. The Government had failed to submit any concrete facts which would allow the Court to verify the assumption that their movement was in any way dangerous or that urgent social needs necessitated the actions in question. Their movement could not be criticised for any activity which was illegal or contrary to public order and the existing legislation. Accordingly, their treatment by the political authorities had been persecutory and unjustified, and had not been necessary in a democratic society. 2. The Government's submissions 74. The Government accepted that the applicant associations could refer to their right of religious freedom under Article 9 § 1 of the Convention. They considered, however, that the statements under dispute did not interfere with this right, as they were neither aimed at restricting the applicant associations' right to exercise their religion undisturbed nor did they directly bring about such an effect. Any possible indirect factual impact on the applicant associations' right under Article 9 did not amount to an interference with that right, given that the Government observed their obligation to neutrality in religious matters. 75. Even assuming an interference with Article 9 § 1, the Government considered this to be justified under § 2 of that same Article, as the contested statements remained within the margin of appreciation accorded to the Contracting States, that is, they were in accordance with the law and necessary in a democratic society. Based on its constitutionally assigned task 197
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FOGLI DI LAVORO per il Diritto inte
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Presentazione FOGLI DI LAVORO per i
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PROCÉDURE FOGLI DI LAVORO per il D
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SUMMARY FOGLI DI LAVORO per il Diri
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FOGLI DI LAVORO per il Diritto internazionale 3 ... - Giurisprudenza

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