Judgment No. CCZ 7/16 28
Const. Application No. CCZ 17/15
Nevertheless, I take them to be fairly instructive in the broader context of delineating the
outer contours of religious freedom.
Another case of persuasive value is the decision of the European Court of
Human Rights, apropos the European Convention on Human Rights, in Valsamis v
Greece [1996] 24 EHRR 294, arising from facts which are not dissimilar to those in casu.
The applicants in that case were Jehovah’s Witnesses. Pacifism was a fundamental tenet
of their religion which forbade any conduct or practice associated with war or violence,
even indirectly. Following a written request, their daughter was exempted from
attendance at religious education lessons and Orthodox Mass. However, in common with
other pupils at her school, she was asked to take part in the celebration of the National
Day, a day when the outbreak of war between Greece and Fascist Italy was
commemorated with school and military parades. She requested the headmaster that she
be excused from the celebration on religious grounds, in particular, on the basis of her
pacifist convictions. Her request was refused but she nevertheless did not participate in
the school parade. She was punished for her failure to attend with one day’s suspension
from school, a decision taken by the headmaster in accordance with a circular issued by
the Ministry of Education and Religious Affairs.
She and her parents argued that they were the victims of a breach of the
right to education under Article 2 of Protocol No.1, which requires the State to respect
the right of parents to ensure that the education and teaching received by their children is
“in conformity with their own religious and philosophical convictions”. They also
Select target paragraph3
Add to table of contents