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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