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- Title
Hamidović v Bosnia and HerzegovinaApplication no 57792/15: European Court of Human Rights (Fourth Section): Yudkivska, President, De Gaetano, Vehabović, Kūris, Ranzoni, Bošnjak, and Paczolay JJ; De Gaetano J concurring; Bošnjak J concurring; Ranzoni J dissenting: 5 December 2017
- Abstract
Human rights – Freedom of religion or belief – Manifestation of religion by wearing religious garment – Interference with – Applicant Muslim wearing skullcap summoned to appear as witness before state court – Court ordering applicant to remove skullcap – Applicant appearing as summoned but refusing to remove skullcap – Applicant expelled from courtroom, convicted of contempt of court and sentenced to a fine – Applicant alleging violation of rights guaranteed by Constitution and European Convention on Human Rights and discrimination on religious grounds – Appeals Chamber of state court finding that fine imposed on applicant justified but excessive in amount – Finding that requirement to remove all headgear in public institutions basic requirement of life in society – Also that in secular state such as Bosnia and Herzegovina any manifestation of religion in a courtroom forbidden – Applicant imprisoned following failure to pay fine – Constitutional Court finding no breach of arts 9 and 14 of the Convention, fully accepting state court's reasoning – Finding that automatic conversion of fines into imprisonment breach of art 6 of the Convention and ordering that Criminal Code be amended accordingly – Not quashing decision converting applicant's fine into imprisonment, relying on principle of legal certainty – Whether punishment imposed on applicant for refusing to remove skullcap infringement of applicant's right to freedom of religion or belief – Whether punishment necessary and proportionate interference with right to freedom of religion or belief – Whether necessary for the protection of the rights and freedoms of others – Whether contracting state exceeding margin of appreciation – European Convention on Human Rights, art 9
- Subjects
FREEDOM of religion lawsuits; HUMAN rights violations; EUROPEAN Convention on Human Rights
- Publication
Oxford Journal of Law & Religion, 2018, Vol 7, Issue 2, p355
- ISSN
2047-0770
- Publication type
Article
- DOI
10.1093/ojlr/rwy015