Panel: MARRIAGE AND FAMILY RELATIONS IN THE CASE-LAW OF THE ECHR



580.5 - ARTICLES 9 AND 8 OF THE ECHR: BALANCING RELIGIOUS FREEDOM AND THE RIGHT TO PRIVATE AND FAMILY LIFE IN NON-TRADITIONAL CONTEXTS

AUTHORS:
Kakavas G. (Università di Modena e Reggio Emilia ~ Modena ~ Italy)
Text:
This presentation examines the relationship between the protection of private and family life, guaranteed by Article 8 of the European Convention on Human Rights (ECHR), and the autonomy of religious organizations, analyzing three significant judicial cases: Fernández Martínez v. Spain, Obst v. Germany, and judgment no. 4596/2014 of the Greek Council of State. In Fernández Martínez v. Spain, the European Court of Human Rights clarified that the term "private life" encompasses professional activities when they influence an individual's social identity and the way they build relationships. The Court reiterated that, in cases of conflict between the applicant's right to private life and the Church's right to autonomy, the State must ensure a proportionate balance, granting a wide margin of appreciation. The specific nature of the applicant's role - as a religion teacher in a public school - played a decisive role in assessing the proportionality of the interference. Similarly, in Obst v. Germany, the Court examined the relationship between the loyalty obligations required by religious organizations and individual rights. Finally, Greek judgment no. 4596/2014 highlights how the principles of the ECHR have been incorporated into the Greek legal context, emphasizing the tension between individual rights and religious norms in a society traditionally tied to Orthodox Christianity. The presentation aims to illustrate how, in each case, the balancing of fundamental rights resulted in decisions that uphold both religious autonomy and the protection of individual freedoms, offering a nuanced perspective on the legal challenges linked to religious pluralism within the European framework.