Interference with the right to freedom to manifest one’s religion and justification

Any restriction on the right to freedom of religion, which is not insignificant, must be shown to have been justified for the purposes of paragraph 2 of Article 9 of the ECHR.¹⁶³⁹

Pursuant to paragraph 2 of Article 9 of the ECHR, the freedom to manifest one’s religion or beliefs can only be restricted by such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. The questions therefore are firstly whether there is a legal basis for the interference under domestic law; secondly whether a legitimate aim is pursued; and thirdly whether the interference is strictly proportionate to the aim pursued.¹⁶⁴⁰

A limitation on the freedom to manifest one’s religion may also exist in cases of denial of permission for construction, reconstruction, or use of places of worship,¹⁶⁴¹ or in cases of a religious funeral denial, or if there is an order for exhumation of the deceased who was buried in accordance with the religious regulations and practice,¹⁶⁴² or if the funeral of a person in a cemetery which belongs to another confession is denied,¹⁶⁴³ or if there is a seizure and allocation of land and the construction of other objects on a graveyard.¹⁶⁴⁴ In addition, a failure to protect believers during worship or other religious ceremonies constitutes an interference with the freedom to manifest one’s religion as the State, in this context, has an obligation to secure positively the right to freedom of religion.¹⁶⁴⁵