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Article 9 of the European Convention on human rights : discerning an orthodox pattern of problems?
Flere, Sergej
The judgments, where petitioners invoked art. 9 (freedom of religion) of the ECHR passed in the period 2000-2010 by the European Court for Human Rights have been reviewed. There was a total of 56 ...judgments invoking violation of art. 9 (those pertaining to countries with a Muslim tradition were excluded). Some judgments were passed with legal grounding differing from the one petitioners invoked (or dismissing the petition in entirety). It was the aim to determine whether a special pattern of situations tends to appear in case of countries with an Eastern Orthodox tradition, one which could be traced to the Caesaropist tradition of State-Church arrangements in Orthodox environments, indicating a special accomodation and harmony among the two, of state guardianship for its church, which should differ from the situations arising as subjects of litigation in Western Christianity. One half of the judgments invoking aviolation of art. 9 (28) pertained to situations countries with an Orthodox heritage (their governments being defendants), which is relatively high. Although in cases coming from all countries, one may discern, following Stark and Finke (2000), an indirect support for the traditional church(es) of the country, some cases from Orthodox countries are peculiar, indicating a more direct intervention into religious life and its organization, where the state intervenes into the internal life of the major religious groups (Metropolitan Church vs. Moldova, Holy Synod vs. Bulgaria, Holy Council vs. Bulgaria, Chaus and Hasan vs. Bulgaria), indicating a trace of the traditional relationship between church and state, with 'state as interfering guardian' in contrast with the ECHR understanding of the matter.
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