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Buscarini and Others v. San Marino

Buscarini and Others v. San Marino 44 10 hrcd [ 1999 ] BUSCARINI and OTHERS v. SAN MARINO Freedom of thought, conscience and religion Requiring elected representatives of the people to swear allegiance to a particular religion was not compatible with Article 9 In a judgment delivered at Strasbourg on 18 February 1999 in the case of Buscarini and Others v. San Marino , the European Court of Human Rights held unanimously that there had been a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. 1. Principal facts The applicants, Mr Cristoforo Buscarini, Mr Emilio Della Balda and Mr Dario Manzaroli, are San Marinese nationals. They were born in 1943 , 1937 and 1953 respectively and live in San Marino. On 18 June 1993 the applicants, who had been elected to the San Marinese parliament (the Consiglio Grande e Generale ), took their oath of office in writing, omitting the reference to the Gospels required by section 55 of the Elections Act. On 26 July 1993 the parliament ordered the applicants to retake the oath, this time on the Gospels, on pain of forfeiting their seats. The applicants complied with this order, albeit complaining that http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights Case Digest Brill

Buscarini and Others v. San Marino

Human Rights Case Digest , Volume 10 (1-3): 44 – Jan 1, 1999
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Publisher
Brill
Copyright
© 1999 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0965-934X
eISSN
1571-8131
DOI
10.1163/15718139920616885
Publisher site
See Article on Publisher Site

Abstract

44 10 hrcd [ 1999 ] BUSCARINI and OTHERS v. SAN MARINO Freedom of thought, conscience and religion Requiring elected representatives of the people to swear allegiance to a particular religion was not compatible with Article 9 In a judgment delivered at Strasbourg on 18 February 1999 in the case of Buscarini and Others v. San Marino , the European Court of Human Rights held unanimously that there had been a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. 1. Principal facts The applicants, Mr Cristoforo Buscarini, Mr Emilio Della Balda and Mr Dario Manzaroli, are San Marinese nationals. They were born in 1943 , 1937 and 1953 respectively and live in San Marino. On 18 June 1993 the applicants, who had been elected to the San Marinese parliament (the Consiglio Grande e Generale ), took their oath of office in writing, omitting the reference to the Gospels required by section 55 of the Elections Act. On 26 July 1993 the parliament ordered the applicants to retake the oath, this time on the Gospels, on pain of forfeiting their seats. The applicants complied with this order, albeit complaining that

Journal

Human Rights Case Digest – Brill

Published: Jan 1, 1999

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