Compendium of Standards, Good Practices and Recommendations
or belief in employment will need to be justified. Where such restrictions occur, the
employers’ and the employees’ interests should be balanced, such as where a civilian
airline prohibits the wearing of all religious symbols, including a small cross.351 In an earlier
case, however, the Court held that the dismissal of a senior legal adviser in the Turkish air
force did not violate Article 9 of the ECHR.352 The Turkish government had argued that the
complainant had manifested a lack of commitment to the secularist foundation of the
Turkish state by taking part in the activities of the Süleyman sect, known to have unlawful
fundamentalist tendencies. The Court held that the complainant had voluntarily accepted
limitations on the manifestation of his beliefs in embracing a system of military discipline.
Within these limitations, he was permitted to pray five times daily, to observe Ramadan and
to attend Friday prayers. The dismissal was found to be based on his conduct and attitude
rather than the way in which he manifested his religion.
Restrictions on certain aspects of freedom of religion or belief of more senior members of
the armed forces might be justified on account of the vulnerable position of junior military
personnel. In a case against Greece, the European Court of Human Rights found that the
conviction of senior service personnel, who were Pentecostal, for proselytizing to other
(subordinate) personnel did not contravene Article 9. The Court noted that things in the
civilian world would be seen as an innocuous exchange of ideas, which recipients are free to
accept or reject, may, within the confines of military life, be viewed as a form of harassment
or the application of undue pressure in abuse of power. It was thus permissible for the Greek
authorities to protect subordinates in this way from the unwanted religious attentions of
their superiors. The measures were also not considered disproportionate, since they were
“not particularly severe and were more preventative than punitive in nature”.353
Discrimination on the basis of religion or belief
The major human rights treaties prohibit discrimination in the enjoyment of human rights
on grounds of religion. Article 2(1) of the ICCPR obliges States Parties to respect and ensure
to all individuals within their territories and under their jurisdiction the rights recognized in
the Convention, without distinction of any kind, such as “race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status”. Article
26 of the ICCPR likewise prohibits discrimination on religious grounds. These provisions
are supplemented by the UN General Assembly’s 1981 Declaration on the Elimination of All
Forms of Intolerance and Discrimination Based on Religion or Belief.
351
European Court for Human Rights, Eweida and others v. the United Kingdom, op. cit., note 348, paras. 83-84.
The Court held that the employer’s commercial interests did not outweigh the employee’s rights.
352
European Court for Human Rights, Kalaç v. Turkey (Application no. 20704/92, judgment of 1 July 1997).
353
European Court for Human Rights, Larissis v. Greece, (Application no. 23372/94, judgment of 24 February
1998), paras. 50-55. In those cases where the applicants had proselytized to civilians, the Court found that
there had been a violation of the applicants’ rights under Article 9. Thus, the Court attached decisive
significance to the fact that the civilians whom the applicants had attempted to convert were not subject
to pressures and constraints of the same kind as the service personnel.
151
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