Kantor Center for the Study of Contemporary European Jewry

European Court of Human Rights Rulings

Restriction on Religious Freedom of Muslim Women Legitimate, says Strasbourg Court

"London, 11 July 2014 

On 1 July, the European Court of Human Rights (ECtHR) issued its judgment in S.A.S. v France, in which it considered a French law in force since 2011 which bans the concealment of one’s face in public. The applicant, a Muslim woman who sometimes wears a niqab or burqa in public, complained that the law violated her rights to respect for her private life, freedom of religion and freedom from discrimination, amongst others, under the European Convention on Human Rights and Fundamental Freedoms (ECHR). In a controversial and unwelcome decision, the Court found no violation of Convention rights, holding that the restriction placed on the applicant’s religious freedom and private life by the law could be justified by a desire to guarantee that everyone can “live together” in society. "

Source: Equal Rights Trust, http://www.equalrightstrust.org/newsstory110714/index.htm 


Case summary available at: http://www.equalrightstrust.org/ertdocumentbank/Court%20Watch%20-%20SAS%...

 



Perinçek v. Switzerland - a reference to the importance of protecting the rights of homosexuals

 
20/12/2013- "On the 17th December 2013 the European Court of Human Rights held by a majority, in Perinçek v Switzerland, that the applicant had suffered a violation of his Article 10 rights after being convicted under the criminal law for publicly challenging the existence of the Armenian genocide. The Court found that Mr Perinçek, who during various conferences in Switzerland, had described the Armenian genocide as an 'international lie', had not committed an abuse of his rights within the meaning of Article 17 of the Convention. In its discussion of what would constitute an abuse of rights under Article 17, the Court, referring back to its earlier decision in Molnar v Romania, stated that public speech that is intended to instigate hatred against the 'homosexual minority' and is likely to seriously disrupt public order goes against the fundamental values of the Convention and of a democratic society. When such speech infringes the rights of others, it is incompatible with democracy and human rights and, under the provisions of Article 17, individuals cannot rely on Article 10 to protect such speech."
Taken from: http://echrso.blogspot.co.il/2013/12/perincek-v-switzerland-reference-to.html 
Judgment in full (but available in French only) here:
 
 
Press Release of the Court here: