24 October 2018
Olena Drozdova analyses how the ECHR protects the church from unreasonable government interventions
Recent events associated with St Andrii’s Church, one of the greatest architectural monuments in Kyiv, give reasons to read relevant case law for the umpteenth time.
While the transfer of the Church to the Ecumenical Patriarchate will not change the regime of the ownership of the sacral building, it is not good enough for Ukraine.
Complaints about government interventions in the church’s affairs have already been filed with the European Court of Human Rights. It has been always the court’s position that the church must be independent from the state. Therefore, the ECHR has generated certain practice of interpreting Article 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The article says that everyone has the right to freedom of thought, conscience and religion. The abovementioned international treaty sees these rights through the perspective of relations between religious institutions and the state.