question of validity of said conditions was still under review by the Court of Appeal. presented about Witnesses”. the faith of Jehovah’s 2.10 In his reply of 1 November 1989 to the author, the Ombudsman acknowledged that the parents’ freedom of religion must be taken into consideration, but that this did not exclude consideration of exceptional circumstances, especially where the best interests of the child are concerned, in which case limitations on the exercise of religious freedom could be imposed during contacts with the child. The Ombudsman reiterated that, in the present case, the conditions imposed on the author’s right of access should be deemed to be in the best interest of the son. On the other hand, he conceded that the author’s freedom of religion must also be taken into consideration, in the sense that only “strictly necessary conditions” could be imposed in this respect. The Ombudsman noticed that the authorities had not found any reason to deny the author contact with the son on account of his being a Jehovah’s Witness, even though it was known that the daily life of Jehovah’s Witnesses is strongly influenced by their beliefs. Accordingly, the Ombudsman requested the authorities to define exactly the circumstances under which the son’s visits might take place. 2.12 On 1 March 1990, the author appealed to the Department of Private Law (the former Directorate of Family Affairs), arguing that he and his son were experiencing continuous persecution and that his rights to freedom of religion and thought had been violated. He submitted another complaint to the Parliamentary Ombudsman against the decision of the County Authorities. By decision of 10 May 1990, the Department of Private Law upheld the County Authorities ‘decision of 13 December 1988, as defined on 28 February 1990. It stated, inter alia, that the conditions imposed on the author’s right of access were not excessive having regard to his freedom of religion. 2.13 Further submissions from the author reveal that he has continued to petition the authorities. At present, his right to access can only be exercised under supervision, as he has been unwilling to comply with the conditions imposed on him. The complaint 3. 2.11 On 28 February 1990, after consultations with the author and the mother, the County Authorities formulated the following conditions: The author claims violations of: (a) Article 14, paragraph 2, because his visiting rights allegedly were refused on the mere suspicion that he might do something wrong in the future; “The right of access shall continue only on condition that the son, during visits to his father, will not be taught the faith of Jehovah’s Witnesses. This means that the father will agree not to bring up the subject of Jehovah’s Witnesses faith in the company of the child, nor start conversations about this subject. Moreover, the father will agree not to play tapes, show films or read literature about the faith of Jehovah’s Witnesses, nor to read the bible or say prayers in conformity with this faith in the presence of the child. (b) Article 14, paragraph 3 (c), as the dispute dates back to August 1986 and has not been settled by the authorities five and a half years later; (c) Article 17, as the conditions imposed on him by administrative and judicial decisions constitute an unlawful interference with his privacy and family life. On account of said decisions he claims to have been subjected to unlawful attacks on his honour and reputation; Another condition of the continued right of access is that the son will not participate in Jehovah’s Witnesses’ rallies, gatherings, meetings, missions or similar activities. The expression ‘or similar activities’ means that the son will not be allowed to participate in any other social gatherings . . . where texts from the bible are read aloud or interpreted, where prayers are said in conformity with the faith of Jehovah’s Witnesses or where literature, films or tapes are (d) Article 18, because if the authorities had respected its provisions, there would have been no case in the first place; (e) Articles 21 and 22, as the restrictions to which he and his son are subjected entail violations of the exercise of their rights of peaceful assembly and freedom of association; 24

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