Judgment No. CCZ 7/16 29
Const. Application No. CCZ 17/15
complained that their “right to freedom of thought, conscience and religion” guaranteed
by Article 9 of the Convention had been breached. Their complaints in relation to these
two provisions were dismissed by a majority decision of seven votes to two.
The dissenting judges took a robust view of the rights allegedly infringed.
In their opinion, Mr and Mrs Valsamis’s perception of the symbolism of the school
parade and its religious and philosophical connotations had to be accepted because it was
not obviously unfounded and unreasonable. Similarly, Miss Valsamis’s statement that the
parade she did not participate in had a character and symbolism that were clearly contrary
to her religious beliefs also had to be accepted and there was no basis for seeing her
participation in this parade as necessary in a democratic society. The minority
accordingly found that both Article 2 of Protocol No. 1 and Article 9 of the Convention
had been violated.
As regards the right to education and its corollary of parental convictions,
the majority judges were of the opinion, at paras. 31-33, that:
“Such commemorations of national events serve, in their way, both pacifist
objectives and the national interest. The presence of military representatives at
some of the parades which take place in Greece on the day in question does not in
itself alter the nature of the parades.
Furthermore, the obligation on the pupil does not deprive her parents of their right
‘to enlighten and advise their children, to exercise with regard to their children
natural parental functions as educators, or to guide their children on a path in line
with the parents’ own religious or philosophical convictions’. ….
It is not for the Court to rule on the expediency of other educational methods
which, in the applicants’ view, would be better suited to the aim of perpetuating
historical memory among the younger generation. ….
In conclusion, there has not been a breach of Article 2 of Protocol No. 1 (P1-2).”
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