Strasbourg Consortium

"There will be no peace in our world without an understanding of the place of religion within it." — Tony Blair

This site is dedicated to reporting and commenting upon issues involving freedom of conscience, religion, or belief throughout the member states of the Council of Europe, with particular focus on the work of the European Court of Human Rights and its predecessor tribunal, the European Commission of Human Rights. We are working to make this site the definitive source of information for scholars and others interested in understanding and having some influence upon the work of the Court in this vital area. Since the decisions on the important issues pending before the Court will shape the basic contours of freedom of religion or belief for years to come, not only throughout Europe, but throughout the world as the Court and its opinions become increasingly influential, the kind of work envisioned by, and carried out by, the Strasbourg Consortium is particularly critical.  

We welcome you to our site, and encourage you to investigate its possibilities to determine how it may serve you, and how you might contribute to its success.

1-2 June 2012. Registration, Religious Autonomy and the Right to Freedom of Religion or Belief, hosted by the Department of Legal Studies, Central European University, organized by the International Center for Law and Religion Studies, Brigham Young University, USA. [Conference Program]

7-8 June 2012. Religion and Civil Society: The Changing Faces of "Religion" and "Secularity," Harvard University, organized by the Culture and Society Institute, Universidad de Navarra, and Harvard University Law School. 

8-9 June 2012. 20th Annual Individual and the State Conference on "Tragedy of Liberty: From Liberation to Self-Destruction and Irrelevance,"Central European University.

12-13 June 2012. How to Litigate before the European Court of Human Rights: Practical Guide to Procedure... more

Fernández-Martínez v. Spain (no. 56030/07) - Chamber Judgment 15 May 2012.  [Excerpts from the Court's press release:] The case concerned the decision not to renew of the contract of a priest, who was married with five children, to teach Catholic religion and morals, following the publication of an article disclosing his membership of the "Movement for Optional Celibacy".

The applicant, Mr José Antonio Fernández Martínez, is a Spanish national who was ordained as a priest in 1961. In 1984 he applied to the Vatican for dispensation from celibacy. He was married in a civil ceremony in 1985, and he and his wife have five children. He taught Catholic religion and morals in a State high school from October 1991, his contract being renewed every year by the... more

The Newsletter of 6 April 2012 of the Strasbourg Consortium has now been sent to friends and subscribers. You may subscribe or unsubscribe to the Consortium Newsletter, or submit questions or comments about the Newsletter, by sending a message to newsletter@strasbourgconsortium.org. All newsletters of the Strasbourg Consortium may be viewed here.

Please click the date to view the item.

26 April 2012. Thematic factsheets on the Court’s case-law now available in German and Russian. (Court Press Release)

12 April 2012. Execution of Strasbourg Court judgments: considerable progress but concern about major structural problems. (COE Web Portal)

9 March 2012. In brief... more

Organised by the United Kingdom in the context of its Chairmanship of the Committee of Ministers of the Council of Europe, the Brighton Conference on the future of the European Court of Human Rights took place in Brighton, UK, on 19-20 April 2012. The Conference aimed to achieve agreement on a political declaration on a package of reforms of the Court, between Ministers of the 47 member States of the Council of Europe. 

At previous High-Level conferences held in Interlaken (2010) and Izmir (2011), the member States of the Council of Europe, while recognising the extraordinary contribution of the Court to the protection of human rights in Europe, agreed unanimously that reform of the... more

The first of the Oxford Journal of Law and Religion Seminars was held 20 April 2012 in the Old Common Room of Balliol College, Oxford, UK. The event was co-sponsored by the Oxford Society for Law and Religion; FORBFocus; the International Consortium for Law and Religion Studies (ICLARS, Milan); Brunel Law and Religion Research Group; Centre for the Study of Religion in Public Life, Kellogg College, Oxford; Religion, Law and International Relations Program, Regents Park College, Oxford; the International Center for Law and Religion Studies (ICLRS), Brigham Young University, United States; and the Strasbourg Consortium.

The event was held in conjunction with the launch of the Oxford Journal of Law and Religion... more

The Oxford Journal of Law and Religion Colloquium, held on the occasion of the publication of the first issue of the Journal, convened on Thursday, 19 April 2012, at Regent's Park College, Oxford, UK, hosted by the Religion Law and International Relations Programme of the Centre for Christianity and Culture. 

Session I of the Colloquium featured a Welcome and Introduction, "Harmony in Dissonance — Directions of the Law and Religion Studies," by Peter Petkoff, Director of Religion, Law and International Relations Programme, Regent's Park College, and Managing Editor of the Oxford Journal of Law and Religion. Journal Editors-in-Chief... more

Oxford University Press has announced publication of the first issue of The Oxford Journal of Law and Religion, with a formal launch at Regent's Park College, Oxford, on 19 April 2012. The new  journal was "introduced to the Oxford Journals collection in response to the recent proliferation of research and writing on the interaction of law and religion cutting across many disciplines." Online access to the first issue is available here.

From the Press Release: "The journal aims to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious... more

S.A.S. v. France (no. 43835/11) – Communicated 1 February 2012. The applicant is a French national, a practicing Muslim, who declares that she wears the burqa in order to comply with her faith, her culture, and her personal convictions. For her it is a matter of covering her entire body, including a fine veil covering her face as well the niqab, a veil covering the face with the exception of the eyes. She emphasizes that neither her husband nor any other member... more

Due to the importance of the issue of State recognition of religious and belief communities, we publish the conclusion of the report prepared by the UN Special Rapporteur on freedom of religion and belief, Heiner Bielefeldt . In this report, the Special Rapporteur on freedom of religion or belief  addresses the theme of freedom of religion or belief and recognition issues. He thinks over the concept of “recognition” concentrating on the extent of the requirements for religious groups to obtain the status of legal personality, which they may need... more

Three new handbooks have just been published by the Justice and Legal Co-operation Department for the attention of legal professionals who wish to deepen their knowledge of the European Convention on Human Rights. They focus on the right to a fair trial, the right to respect for private and family life and the right to freedom of thought, conscience and religion.

These handbooks have been conceived as practical tools to support judges and prosecutors to apply the Convention at national level and assist lawyers to use Convention-based arguments in national litigation. They are based on the most updated case law of the European Court of Human Rights. The authors include an academic, a national... more

Brussels - 30 March 2012

On 30 March 2012 the European Centre for Law and Justice (ECLJ) participated at the European Commission to the Dialogue-Seminar on "Freedom of Religion: A Fundamental Right in a Rapidly Changing World." This Dialogue Seminars is co-organised by the Commission of the Bishops' Conferences of the European Community (COMECE) and the Church & Society Commission of the Conference of European Churches (CEC) together with the Bureau of European Policy Advisors of the European Commission (BEPA).... more

Donald B. Holsinger, Ph.D. & Ellen S. Holsinger - Geneva

The United Nations Human Rights Council concluded its nineteenth regular session 23 March 2012, adopting 41 texts ("resolutions") on a wide range of issues, including appointing a Special Rapporteur on the issue of human rights obligations... more

Donald B. Holsinger, Ph.D. & Ellen S. Holsinger - Geneva

The United Nations Special Rapporteur on freedom of religion or belief, Heiner Bielefeldt, will visit Cyprus from 29 March to 5 April 2012. His fact-finding mission will be the first ever to the island by an independent expert designated by the UN Human Rights Council. "I will try to identify any existing or emerging obstacles to the enjoyment of the freedom of religion or belief in Cyprus and present specific recommendations on ways and means to overcome such obstacles. I will also highlight any good practices,"... more

The Observatory on Intolerance and Discrimination against Christians has issued its Report for 2011, on 19 March 2012.

This report portrays the most important developments with regard to freedom of religion, the most striking cases of intolerance and discrimination throughout Europe – and what individuals and institutions say about it. The report includes several statistics as well as analysis of the meaning of freedom of religion in the European context.

Dr. Gudrun Kugler, director of the Observatory, explains: "Studies suggest that 85% of all hate crimes with an anti-religion background in Europe are directed against Christians.... more

Uploaded by European Court of Human Rights on 9 February 2012

The "Conscience of Europe", which is currently available in 25 languages, is a film about the Court. This documentary, intended for the general public, shows specific examples of cases examined by the Court and considers its prospects over the forthcoming years and the challenges facing it.

Ireland has assumed the chair of the Organization for Security and Co-operation in Europe for 2012. 

Tánaiste and Foreign Affairs Minister Eamon Gilmore said Ireland would promote peace, security and respect for human rights in line with the values of the organisation. Mr Gilmore said Ireland would draw on its experience to promote conflict resolution. A priority, he said, would be the freedom of expression and freedom of the media in the digital age. He said the potential of the internet to inform and empower people was clear, but that there was a growing threat to... more

The Court's judicial year was formally opened on Friday 27 January 2012. Some 200 leading judicial figures from across Europe were invited to participate in a seminar on the topic "How to ensure greater involvement of national courts in the Convention system?"

The Court held its annual press conference on Thursday 26 January 2012. On this occasion, Nicolas Bratza, the President of the Court, presented a summary of the Court's activities and its statistics for 2011. He said that the European governments must assume their part of the shared responsibility for the protection of human rights across the continent. In connection with this press conference, the Court released its Annual Report 2011 and 2011 Facts and Figures. On 27 January the... more

26 January 2012 - David Peterson, reporting from Brussels

In a solemn ceremony at the European Parliament on January 24th, marking International Holocaust Remembrance Day, the newly elected President of the Parliament, Martin Shulz (MEP Germany), spoke movingly to more than three hundred Jewish community representatives from throughout Europe, and the world, about the Holocaust tragedy. He stated: "I am deeply touched that one of my first official engagements as President will be opening the International... more

Religion isn't dying, nor should it, said Tony Blair in a 2 January 2012 blogpost "Faith in a Globalized Age," published on New Europe Online. The former British Prime Minister note that "for years, it was assumed, certainly in the West, that, as society developed, religion would wither away.  But it hasn't, and, at the start of a new decade, it is time to take religion seriously." To that end Blair has created a Faith Foundation, "to create greater understanding between the faiths."

In a companion post, "Taking Faith Seriously," published the same day,... more

31 December 2011 - HRWF Brussels 

Human Rights Without Frontiers International (HRWF Int'l), an independent nongovernmental organization, has released a 62-page report that documents the abduction and confinement of Japanese citizens for the purpose of religious de-conversion, and the failure of Japanese police and judicial authorities to investigate and prosecute those responsible for such cases of domestic violence.... more

Herrmann v. Germany (no. 9300/07) – Grand Chamber Hearing held 30 November 2011. [Webcast] The applicant, Günter Herrmann, is a German national who was born in 1955 and lives in Stutensee (Germany). As the owner of two landholdings in Rhineland-Palatinate which are smaller than 75 hectares, he is automatically a member of the Langsur hunting association under German Federal Hunting Law (Bundesjagdgesetz). He complains about being obliged to tolerate the hunt on his premises even though he is opposed to hunting on moral grounds.... more

The new President of the European Court of Human Rights, Sir Nicolas Bratza, who was elected in July 2011, took up his duties on 4 November 2011. He is the third British President in the history of the Court, following Lord McNair, who served as President of the Court from 1959 till 1965, and Sir Humphrey Waldock, who served from 1971 till 1974. 

Sir Nicolas replaces Jean-Paul Costa (French), who has been the Court’s President since 19 January 2007. Having turned 70 years old on 3 November 2011, Mr. Costa was required by Article 23 § 6 of the European Convention on Human Rights to step down.

Human Rights Without Frontiers announces the release of the report "EU Agency for Fundamental Rights (FRA): A Reality Check." In addition to being available here, the full 72-page report is available at the HWRF website and also as the 9 November 2011 entry of the blog Religious Freedom. Following is a summary by the author of the report, Dr. Nadja Milanova.... more

Human Rights Without Frontiers has published its Preliminary report of a fact-finding mission in Bahrain (23-28 October 2011). The report, available here and on the HRWF website.

The Executive Summary of the Report follows:

On 14 February 2011, on the 10th anniversary of the National Action Charter, the Bahrain Youth for Freedom group called for demonstrations to demand economic reform (better job opportunities and better housing), more political freedom, institutional reforms and the introduction of a constitutional monarchy. Thousands of people took to the streets of... more

On 20 October 2011, Mr. Heiner Bielefeldt, the United Nations Special Rapporteur on freedom of religion or belief, took part in an interactive dialogue with the General Assembly Third Committee. His report and oral presentation focused on the promotion of inter- and intra-religious communication as a means to combat religious intolerance and hate speech. Mr. Bielefeldt also called attention to the possible adverse side effects that may occur in the context of interreligious dialogue projects; including if religious communities are portrayed stereotypically or... more

The European Court of Human Rights has compiled two series of factsheets providing information about its case law, including pending cases. A series of "country profiles" provides wide-ranging State-specific information for each the forty-seven European countries that have ratified the European Convention on Human Rights, touching upon the human rights issues dealt with by the Court for each State. A compilation of "Stastistics on judgments by State" is also available, offering charts showing the subject matter of judgments for each State. In addition, a series thematic factsheets summarizes the Court's case work by topic. It is hoped that these resources will help make the Court's work and case-law better known and more accessible.

More political leadership and media engagement are needed to confront anti-Muslim rhetoric, said participants in an OSCE high-level meeting held in Vienna on 28 October 2011. OSCE participating States' governments and other key actors must challenge intolerant public discourse against Muslims, while preserving freedom of expression. The conference organized by Lithuania's 2011 OSCE Chairmanship and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) gathered some 150 participants... more

The Organization for Security and Cooperation in Europe (OSCE) held its Human Dimension Implementation Meeting in Warsaw during 29 September - 7 October 2011. Among the topics addressed during the course of the meeting was the registration of religious communities.  

W. Cole Durham, Jr. of the International Center for Law and Religion Studies, J. Reuben Clark Law School, Brigham Young University, and Renata Uitz, an expert in the freedom of religion or belief at the Central European University, were among those addressing the the topic of registration of religious communities.... more

14 October 2011. NSS publish European Court of Human Rights intervention. (Keith Porteus Wood, National Secular Society)

11 October 2011. Wrong to penalise Christian registrar, consultation finds. (The Christian Institute)

28 September 2011.  Equality and Human Rights Commission (EHRC) submits intervention to ECtHR on religious discrimination in the workplace.  (wired-gov.net)  [EHRC Consultation Response Summary] [EHRC Submission to ECtHR]

20 September 2011. Observations by Dr. Grégor Puppinck, Director, European Centre for Law and Justice.  [... more

The European Court of Human Rights has elected a new Vice-President – Josep Casadevall (Andorra) – and elected a new Section President – Lech Garlicki (Poland). Both will assume their three-year terms on November 4, 2011. Judge Casadevall, who has served as President of Section since February 2008, has been a Judge of the Court since November 1998. Judge Garlicki has served on the Court since June 2002. The Court is composed of one judge in respect of each of the 47 States to have ratified the European Convention on Human Rights. Judges work in five Sections from which Chambers of seven judges are constituted. The Court also sits as a Grand Chamber of seventeen judges. The Court has two Vice-Presidents both of whom also preside over Sections, the other three Sections each having a Section President.

Representatives of the OSCE’s 56 participating States met in Rome on 12 September to discuss ways to prevent and respond to hate crimes against Christians. The meeting, organized by the OSCE’s Lithuanian Chairmanship and the OSCE Office for Democratic Institutions and Human Rights (ODIHR), aims at raising awareness on hate-motivated crimes and incidents targeting Christians and their property across the OSCE region. Participants also shared good practices and developed a set of recommendations on how to prevent and respond to such crimes and incidents, with a special focus on attacks on places of worship.... more

Summer Harvest of Academic Articles and ECHR Articles in the News HRLR (lists by Antoine Buyse, ECHR Blog)

Elena Miroshnikova, The Cooperation Model in State-Church Relations, Lambert 2011

Antoine Buyse & Michael Hamilton, eds., Transitional Jurisprudence and the ECHR: Justice, Politics and Rights, Cambridge University Press 2011

Jonas Christoffersen & Mikael Rask Madsen, eds., The European Court of Human Rights between Law and Politics, Oxford University Press 2011

Philip Leach, Taking a Case to the European Court of Human Rights, Oxford University Press 2011 (3rd ed.)

Norman Doe, Law and Religion in Europe: A Comparative Introduction, Oxford... more

30 June 2011 - Strasbourg

In a Chamber Judgment of 30 June 2011 in the case Association Les Témoins de Jéhovah v. France (application no. 8916/05), the European Court of Human Rights held that there had been a violation of Article 9 religious freedom rights in a supplementary tax demand for more than 57.5 million Euros made by the French tax authorities upon the applicant association during the years 1993-1996. 

Critics of the French action had noted that the 60% supplementary tax levied on the Association, which relies upon donations... more

June 2011 - Strasbourg

The Parliamentary Assembly of the Council of Europe has elected a new judge to the European Court of Human Rights in respect of France. André Potocki, elected with an absolute majority of votes cast, will begin a term of office of nine years on 4 November 2011.  He will succeed Judge Jean-Paul Costa, who is currently serving as president of the Court. Judge Potoki holds a law degree from the University of Paris II and is a graduate of the Institute of Legal Studies, Bordeaux. He has been on the bench since 1976, most recently as Judge at the Commercial Section of the French Court of Cassation. From 2006-2007... more

8 June 2011 - London

Professor Malcolm Evans of Bristol University delivered the Annual Lambeth Inter Faith Lecture, hosted by Rowan Williams, the Archbishop of Canterbury, at Lambeth Palace on Wednesday evening, 8 June 2011. Professor Evans addressed the topic "Advancing Freedom of Religion or Belief: Agendas for Change." 

Noting that understanding what religious freedom means or requires is difficult, Professor Evans focused in his address "on the manner in which that freedom is currently being engaged with, in order to highlight ... a singularly significant opportunity... more

Representatives from the Christian, Jewish, Muslim and Buddhist faiths were in Brussels on Monday, May 30, 2011, to talk with the presidents of the EU institutions about rights and liberty and building a partnership for democracy and shared prosperity between Europe and its neighbours.

"The challenges to promote democracy, pluralism, the rule of law, human rights and social justice in Europe can only be met with the active contribution of the religious communities. Today's discussion confirmed... more

Professor Tore Lindholm – "one of the pillars of the Norwegian Centre for Human Rights (NCHR)," was honored on the occasion of his 70th birthday at the event "Multiculturalism and Human Rights – a Symposium in Honor of Tore Lindholm," held 26 May 2011 in Oslo, Norway. The symposium was sponsored by the Human Rights and Diversity Working Group of the Faculty of Law of the University of Oslo. The conference involved a rountable discussion on Multiculturalism and Identity Politics, "between Professor Lindholm and some distinguished friends and colleagues," including Professor Cole Durham of the International Center for Law and Religion Studies (ICLRS) at Brigham... more

April 2011 - Strasbourg

Norway Supreme Court Justice Erik Møse has been elected Judge of the European Court of Human Rights in respect of Norway, with a term of office to begin 1 September 2011. Judge Møse is an international human rights expert who has published extensively in the field. He chaired the Council of Europe’s Steering Committee for Human Rights and the Committee which drafted the European Convention for the Prevention of Torture, as well as the Committee which elaborated the draft Act on incorporation of human rights conventions into... more

April 2011 - Strasbourg

International law expert Helen Keller, professor of law at Zurich University, has been named judge of the European Court of Human Rights for a term of nine years, beginning October 2011. She will serve in respect of Switzerland, replacing Judge Giorgio Malinverni. Since 2008 Professor Keller has been a member of the United Nations Human Rights Committee; in 2009 she was a Visiting Researcher at the Court in Strasbourg. A native Swiss, she speaks English, French, German, Italian, and Polish. In an interview with swissinfo.ch, Professor Keller pointed to "the possibility of passing verdicts which break new ground in human rights law" as a key fascination in taking up the position at the Court. ... more

The European Court of Human Rights has produced and made available on its website several helpful manuals and reports, including the following:

• The Court in Brief
• Country Fact Sheets 1959-2010 
•  The European Court of Human Rights in Facts and Figures 2010
• Text of the European Convention on Human Rights in the languages of participating states

April 2011 - Vienna

At a special Supplementary Human Dimension Meeting on Human Rights held in Vienna on 14 April 2011, members of the Organization for Security and Cooperation in Europe (OSCE) asserted that national human rights institutions need a clear mandate, sufficient resources, and genuine independence from government to be able to play their role effectively. The two-day meeting, organized... more

• "Who can bring a case to the Court?"
• "What are the conditions of admissibility?"
• "What is the difference between a Chamber and a Section?"
• "Do judges sit in cases concerning their own country?"
• "Can the Court's composition vary from one case to another?"
• "When does a Grand Chamber hear a case?"
• "What are the different stages of proceedings before the Court?"
• "What is a pilot case?"
• "How are the Court's judgments enforced"?

To answer such questions, the European Court of Human Rights has produced the online handbook The ECHR in 50 Questions. Some answers are better suited to scholars of and practitioners before the Court than to casual readers, but the publication is helpful for anyone concerned with the European Convention on Human Rights (ECHR) and with the Court (also ECHR, or, to avoid confusion, ECtHR).

21 March 2011 - Strasboug
FRA Press Release

The first comprehensive guide to European non-discrimination law was launched by the European Union Agency for Fundamental Rights (FRA) and the European Court of Human Rights in Strasbourg on 21 March 2011, the International Day for the Elimination of Racial Discrimination.... more

24 March 2011 - Strasbourg

The European Court of Human Rights had announced a new rule (Rule 61), which clarifies and codifies the Court’s existing "pilot-judgment procedure." This procedure was developed by the Court over the past few years to assist in dealing with the massive influx of applications concerning similar issues – also known as "systemic issues" – arising from non-conformity of member States' domestic laws with provisions of the European Convention on Human Rights.... more

23 March 2011 - Strasbourg
From the FRA Press Release

The European Union Agency for Fundamental Rights (FRA) has on 23 March 2011 released its report Access to justice in Europe: an overview of challenges and opportunities. The report was launched in Budapest at the conference ‘Protecting victims in the EU: the road ahead’, hosted by the Hungarian Presidency of the Council of the EU, with... more

21 March 2011 - Strasbourg, Vienna, Warsaw

In a joint statement issued on the International Day for the Elimination of Racial Discrimination, Nils Muiznieks, Chair of the Council of Europe’s European Commission against Racism and Intolerance (ECRI); Morten Kjaerum, Director of the European Union Agency for Fundamental Rights (FRA); and Janez Lenarčič, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), strongly condemned manifestations of racism and related... more

16 March 2011 - Vienna

The Constitutional Court of Austria (Verfassungsgerichtshof, VfGH) has ruled that the display of crucifixes in classrooms of state-run nursery schools does not violate Austria's constitution. In Austria as elsewhere in Europe the European Convention on Human Rights enjoys the status of constitutional law, and interpretation of the Convention generally follows the ECtHR’s case law. Hence, in this case, filed by an atheist following the ECtHR’s Lautsi decision, a different result might have been expected.  

January 2011 - Strasbourg 

The Parliamentary Assembly of the Council of Europe (PACE) has elected Paulo Sérgio Pinto de Albuquerque as judge to the European Court of Human Rights in respect of Portugal. Mr de Albuquerque, who obtained an absolute majority of votes cast, is elected for a term of office of nine years beginning after 5 February 2011. Judges are elected by PACE from a list of three candidates nominated by each State that has ratified the European Convention on Human Rights. Mr de Albuquerque, 55, has had a long career as a public prosecutor in Lisbon, most recently as Deputy Principal State Prosecutor, Director of the Lisbon public prosecution service. During 1998-2001 he was a member of the European Committee on Crime Problems PC-OC. Since... more

December 2010 - Strasbourg

In an attempt to stem the flow of obviously inadmissible applications flooding the European Court of Human Rights, the Court's Registry has published a Practical Guide on Admissibility Criteria for lawyers. The handbook explains in detail the Court's admissibility criteria and is available in English and French. Versions in other languages, particularly Russian and Turkish, will be available later.