[ ] METROPOLITAN CHURCH OF BESSARABIA and OTHERS v. MOLDOVA Freedom of religion – violation Article 9 Right to an effective remedy – violation Article 13 In taking the view that the applicant church was not a new denomination and in making its recognition depend on the will of a recognised ecclesiastical authority, the Metropolitan Church of Moldova, the Government had failed to discharge their duty of neutrality and impartiality. Not being recognised by the State, the church did not have the right of access to a court to defend its rights and protect its property, given that only denominations recognised by the State enjoyed legal protection. In a judgment delivered on December in the case of Metropolitan Church of Bessarabia and Others v. Moldova , the European Court of Human Rights unani- mously held that there had been a violation of Article (freedom of religion) of the European Convention on Human Rights and a violation of Article (right to an effective remedy) of the Convention. The Court also held unanimously that it was not necessary to determine whether there had been violations of Article (prohi- bition of discrimination)
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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