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Relevant case law

A collection, sorted by years, of the most important judicial decisions concerning pluralism.

All the judgments collected in this website deal with the topic of pluralism in its different perspectives. Some of them, however, mark a turning point in the legal landscape of a pluralistic society. Hence the choice to highlight these decisions, by illustrating each of them with a brief comment aimed to guide the reader in understanding the importance of its content.

2022

YT and Others v. Ministero dell’Istruzione, dell’Università e della Ricerca – MIUR, Case C-282/19 (Seconda Section), 13 January 2022
Refusal to convert Catholic religious education teachers' employment contract to a permanent contract
YT and Others v. Ministero dell’Istruzione, dell’Università e della Ricerca – MIUR, Case C-282/19 (Seconda Section), 13 January 2022
Karuyev v. Russia, No. 4161/13, ECtHR (Third Section), 18 January 2022
Conviction for spitting on a photograph of President Putin. Violation of article 10 for incompatibility with lawfulness requirement
Karuyev v. Russia, No. 4161/13, ECtHR (Third Section), 18 January 2022
French Court of Cassation (Cour de cassation française), Chambre sociale, N. 20-14.014, 19 January 2022
Legality of a disciplinary transfer by the employer following the refusal of a Hindu believer to work in a Christian cemetery
French Court of Cassation (Cour de cassation française), Chambre sociale, N. 20-14.014, 19 January 2022
Sy v. Italy, No. 11791/20, ECtHR (First Section), 24 January 2022
Inhuman and degrading treatment. Imprisonment for two years of a person suffering from bipolar disorder without any therapeutic strategy of taking charge of his mental illness
Sy v. Italy, No. 11791/20, ECtHR (First Section), 24 January 2022
Bonnet v. France, dec., No. 35364/19, ECtHR (Fifth Section), 25 January 2022
Offensive and racist cartoon against the Jewish community. Denial of the Holocaust and awful interference with freedom of expression
Bonnet v. France, dec., No. 35364/19, ECtHR (Fifth Section), 25 January 2022
Anatoliy Marinov v. Bulgaria, No. 26081/17, ECtHR (Fourth Section), 15 February 2022
Deprivation of the right to vote following a partial protection order due to mental disability
Anatoliy Marinov v. Bulgaria, No. 26081/17, ECtHR (Fourth Section), 15 February 2022
South African Human Rights Commission obo South African Jewish Board of Deputies v. Bongani Masuku and Another, [2022] ZACC 5, 16 February 2022
Evocation of a link between the conducts of the Israeli authorities and Nazi Germany as an act of hate speech in violation of Article 10 of the Equality Act
South African Human Rights Commission obo South African Jewish Board of Deputies v. Bongani Masuku and Another, [2022] ZACC 5, 16 February 2022
Cheprunovy and others v. Russia, Nos. 74320/10 and others, ECtHR (Third Section), 22 February 2022
Searches in the houses of Jehovah's Witnesses and in the prayer room owned by a local religious organisation of Jehovah's Witnesses with seizure of related religious literature considered extremist
Cheprunovy and others v. Russia, Nos. 74320/10 and others, ECtHR (Third Section), 22 February 2022
United States Supreme Court, U.S. v. Zubaydah, 595 U.S. ___ (2022), 3 March 2022
Counter-terrorism operations, extraordinary renditions, State secrets privilege and torture.
United States Supreme Court, U.S. v. Zubaydah, 595 U.S. ___ (2022), 3 March 2022
United States Supreme Court, FBI v. Fazaga, 595 U.S. __ (2022), 4 March 2022
State secrets privilege, surveillance, counter-terrorism operations and alleged discrimination based on religion
United States Supreme Court, FBI v. Fazaga, 595 U.S. __ (2022), 4 March 2022
Italian Court of Cassation (Corte di Cassazione italiana), Criminal Section I, No. 7904/2022, 4 March 2022
Commemorative event for the fallen of the Italian Social Republic and danger of re-establishment of the dissolved fascist party
Italian Court of Cassation (Corte di Cassazione italiana), Criminal Section I, No. 7904/2022, 4 March 2022
Italian Constitutional Court, No. 54/2022, 4 March 2022
Exclusion of non-EU foreigners not in possession of a residence permit from state benefits
Italian Constitutional Court, No. 54/2022, 4 March 2022
Italian Constitutional Court (Corte costituzionale italiana), No. 62/2022, 10 March 2022
Municipal elections and gender equality
Italian Constitutional Court (Corte costituzionale italiana), No. 62/2022, 10 March 2022
Communauté genevoise d'action syndicale (CGAS) v. Switzerland, N. 21881/20, ECtHR (Third Sezione), 15 March 2022
COVID-19 pandemic and ban on public meetings for two and a half months: criminal sanctions in case of violation and violation of Art. 11 ECHR
Communauté genevoise d'action syndicale (CGAS) v. Switzerland, N. 21881/20, ECtHR (Third Sezione), 15 March 2022
Council of State of Italy, Seventh Section, N.1842/2022, 16 March 2022
Equal salary for temporary religious education teachers compared to tenured teachers
Council of State of Italy, Seventh Section, N.1842/2022, 16 March 2022
Laniauskas v. Lithuania, No. 48309/19, ECtHR (Second Section), 29 March 2022
Imprisonment of a person suffering from serious visual impairment. No violation of the prohibition of inhuman and degrading treatment
Laniauskas v. Lithuania, No. 48309/19, ECtHR (Second Section), 29 March 2022
Swiss Federal Tribunal, 6B 120/2021, 11 April 2022
Terrorism, foreign Fighters and Islamic State: conviction of a Swiss woman
Swiss Federal Tribunal, 6B 120/2021, 11 April 2022
Khasanov and Rakhmanov v. Russia, Nos. 28492/15 and 49975/15, ECtHR (Grand Chamber), 29 April 2022
Extradition on ethnic grounds, prohibition of torture and prohibition of discrimination
Khasanov and Rakhmanov v. Russia, Nos. 28492/15 and 49975/15, ECtHR (Grand Chamber), 29 April 2022
United States Supreme Court, Shurtleff et al. v. City of Boston et al., No. 20-1800, 596 U. S.____(2022), 2 May 2022
Raising of religious flags on public buildings and freedom of expression
United States Supreme Court, Shurtleff et al. v. City of Boston et al., No. 20-1800, 596 U. S.____(2022), 2 May 2022
T.C. v. Italy, No. 54032/18, ECtHR (First Section), 19 May 2022
Religious upbringing of the minor. It does not violate article 14 of the ECHR, in conjunction with article 8, the prohibition imposed on the parent, during the custody trial, to refrain from involving the daughter in functions and practices of his religion
T.C. v. Italy, No. 54032/18, ECtHR (First Section), 19 May 2022

2021

Terna v. Italy, No. 21052/18, ECHR (First Section), 14 January 2021
Denial to a woman belonging to the Roma community of the right to visit her niece entrusted to social services, despite the authorisation granted by the court
Terna v. Italy, No. 21052/18, ECHR (First Section), 14 January 2021
Italian Supreme Court of Cassation, First Civil Section, No. 3842/2020, 15 February 2021
Discrimination through the adoption of an administrative act
Italian Supreme Court of Cassation, First Civil Section, No. 3842/2020, 15 February 2021
Opinion of Advocate General Rantos, IX v. WABE eV and MH Müller Handels GmbH v. MJ,Cases C-804/18 and C-341/19, CJEU, 25 February 2021
Prohibition imposed by an employer on his employee from wearing the Islamic veil in the work place
Opinion of Advocate General Rantos, IX v. WABE eV and MH Müller Handels GmbH v. MJ,Cases C-804/18 and C-341/19, CJEU, 25 February 2021
United Kingdom Supreme Court, [2021] UKSC 7, 26 February 2021 (Begum)
Revocation of citizenship and consequent expulsion for terrorism-related crimes. Possibility to re-enter the United Kingdom in order to have a fair trial.
United Kingdom Supreme Court, [2021] UKSC 7, 26 February 2021 (Begum)
Italian Constitutional Court, No. 48/2021, 26 March 2021
Right to be elected and requirements for participating in elections
Italian Constitutional Court, No. 48/2021, 26 March 2021
Vavřička and Others v. Czech Republic, Nos. 47621/13 and 5 others, ECtHR (Grand Chamber), 8 April 2021
Compulsory vaccination against nine pediatric infectious diseases, respect for private life and non-violation of art. 8 ECHR
Vavřička and Others v. Czech Republic, Nos. 47621/13 and 5 others, ECtHR (Grand Chamber), 8 April 2021
French Court of Cassation (Cour de Cassation française), Chambre Sociale, No. 19-24.079, 14 April 2021
Dismissal of a worker for refusing to remove the Islamic headscarf in the workplace
French Court of Cassation (Cour de Cassation française), Chambre Sociale, No. 19-24.079, 14 April 2021
Kilin v. Russia, No. 10271/12, ECtHR (Third Section), 11 May 2021
Conviction for sharing content online within a small social-media group with intent to incite violence against non-Russian ethnicities. Proportionate interference to protect the rights of others
Kilin v. Russia, No. 10271/12, ECtHR (Third Section), 11 May 2021
Italian Supreme Court of Criminal Cassation, Section I, 9 June 2021, n. 22734
Legal relevance of kafala system in relation to the crime of facilitating illegal immigration
Italian Supreme Court of Criminal Cassation, Section I, 9 June 2021, n. 22734
Fulton v. City of Philadelphia, Supreme Court of the United States, 17 June 2021
Assenza di discriminazione delle coppie omosessuali escluse, come potenziali famiglie affidatarie, dall’attività di collocamento di minori da parte di un ente cattolico
Fulton v. City of Philadelphia, Supreme Court of the United States, 17 June 2021
IX v. WABE eV e MH Müller Handels GmbH v. MJ, Cases C-804/18, C-341/19, CJUE (Grand Chamber), 15 July 2021
Prohibition imposed by a company on its employees from wearing in the workplace conspicuous signs of political, ideological or religious beliefs
IX v. WABE eV e MH Müller Handels GmbH v. MJ, Cases C-804/18, C-341/19, CJUE (Grand Chamber), 15 July 2021
French Constitutional Council, No. 2021-822 DC, 30 July 2021
Freedom of movement, surveillance mechanism and prevention of terrorism
French Constitutional Council, No. 2021-822 DC, 30 July 2021
Italian Supreme Court of Cassation, Criminal Section V, No. 30538/2021, 4 August 2021
Culturally motivated crimes, "bride price" and absence of exculpatory value of cultural factors
Italian Supreme Court of Cassation, Criminal Section V, No. 30538/2021, 4 August 2021
Associazione Politica Nazionale Lista Marco Pannella v. Italy, No. 66984/14, ECtHR (First Section), 31 August 2021
Freedom of expression and pluralism of information in the television sector. Political associations and right to freedom to impart political opinions and ideas in the media outside election periods
Associazione Politica Nazionale Lista Marco Pannella v. Italy, No. 66984/14, ECtHR (First Section), 31 August 2021
O.D. and others v. INPS, C-350/20, CGUE, (Grand Chamber), 2 September 2021
Legislation of a Member State that excludes third-country nationals holding a single work permit from receiving birth or maternity allowances
O.D. and others v. INPS, C-350/20, CGUE, (Grand Chamber), 2 September 2021
Sanchez v. France, No. 45581/15, ECtHR (Fifth Section), 2 September 2021
Facebook users’ liability for hateful comments published by third parties. Lawful interference with freedom of expression
Sanchez v. France, No. 45581/15, ECtHR (Fifth Section), 2 September 2021
Italian Supreme Court of Cassation, Joined Sections, No. 24414/2021, 9 September 2021
The display of the crucifix in the classrooms of public schools is legiDisplay of crucifixes in public school classrooms at the request of members of the school community, "reasonable accommodation" and respect for dissenting opinionstimate, if requested by members of the school community and as long as it respects the method of a "reasonable accommodation" in relation to any dissenting opinion
Italian Supreme Court of Cassation, Joined Sections, No. 24414/2021, 9 September 2021
Italian Supreme Court of Cassation (Corte di Cassazione italiana), Criminal Section IV, No. 34576/2021, 17 September 2021
Inexistence of the prohibition of bis in idem in relations between State and canonical jurisdiction
Italian Supreme Court of Cassation (Corte di Cassazione italiana), Criminal Section IV, No. 34576/2021, 17 September 2021
Italian Constitutional Court, No. 230/2021, 20 October 2021
Suspension from the office of mayor for those who have been convicted of certain offences
Italian Constitutional Court, No. 230/2021, 20 October 2021
León Madrid v. Spain, No. 30306/13, ECtHR (Third Section), 26 October 2021
Automatic assignment of paternal surname preceding maternal surname in naming of child and gender-based discrimination
León Madrid v. Spain, No. 30306/13, ECtHR (Third Section), 26 October 2021
Italian Court of Cassation, Labour Section, dec. No. 31071, 2 November 2021
Failure to hire a teacher by a Catholic educational institution due to her sexual orientation
Italian Court of Cassation, Labour Section, dec. No. 31071, 2 November 2021
LW v Bundesrepublik Deutschland, C-91, CGUE (Grand Chamber), 9 November 2021
Recognition of the refugee status to a minor to maintain family unity
LW v Bundesrepublik Deutschland, C-91, CGUE (Grand Chamber), 9 November 2021
de Wilde v. the Netherlands, ECtHR (Fourth Section), N. 9476/19, 9 November 2021
Pastafarianism and carrying of religious symbols in pictures on identity documents. Seriousness and cohesion of belief under Article 9 ECHR
de Wilde v. the Netherlands, ECtHR (Fourth Section), N. 9476/19, 9 November 2021
IS, Case C-564/19, CJEU (Grand Chamber), 23 November 2021
Obligation for Member States to ensure that suspects and defendants receive interpretation and translation of such quality that they can understand the charges against them
IS, Case C-564/19, CJEU (Grand Chamber), 23 November 2021
Sassi and Benchellali v. France, Nos. 10917/15 and 10941/15, ECtHR (Fifth Section), 25 November 2021
Terrorism, national security and due process: the case of French citizens detained in Guantanamo
Sassi and Benchellali v. France, Nos. 10917/15 and 10941/15, ECtHR (Fifth Section), 25 November 2021
Biancardi v. Italy, No. 77419/16, ECtHR (First Section), 25 November 2021
Right to be forgotten, freedom of the press and obligation to de-index published material
Biancardi v. Italy, No. 77419/16, ECtHR (First Section), 25 November 2021
Genov and Sarbinska v. Bulgaria, No. 52358/15, ECHR (Fourth Section), 30 November 2021
Freedom of expression and unjustified conviction for spray-painting a monument connected to communist regime in the context of political protest
Genov and Sarbinska v. Bulgaria, No. 52358/15, ECHR (Fourth Section), 30 November 2021
Abdi Ibrahim v. Norway, No. 15379/16, ECtHR (Grand Chamber), 10 December 2021
A custody order that does not take into account the wishes of the biological mother to place the child with a foster family in line with the child's religious identity violates Article 8 of the European Convention on Human Rights
Abdi Ibrahim v. Norway, No. 15379/16, ECtHR (Grand Chamber), 10 December 2021
Church of Scientology Moscow and others v. Russia, Nos., 37508/12, 61695/13, 16761/14, ECtHR (Third Section), 14 December 2021
Ban on the circulation of their publications, denial of registration of an association as a religious organization and its subsequent compulsory dissolution. Violation of Articles 10 and 11 of the Convention, read in the light of Article 9.
Church of Scientology Moscow and others v. Russia, Nos., 37508/12, 61695/13, 16761/14, ECtHR (Third Section), 14 December 2021
German Federal Constitutional Court (Bundesverfassungsgericht), Ersten Senats, No. 1 BvR 1541/20, 16 December 2021
Disability and discrimination in access to intensive care in case of lack of resources
German Federal Constitutional Court (Bundesverfassungsgericht), Ersten Senats, No. 1 BvR 1541/20, 16 December 2021
The Committee for the organisation and registration of the Romanian Communist Party v. Romania, No. 20401/15, ECtHR (Fourth Section), 21 December 2021
Refusal to register a political party whose programme and constitution did not dissociate from the former Romanian Communist Party
The Committee for the organisation and registration of the Romanian Communist Party v. Romania, No. 20401/15, ECtHR (Fourth Section), 21 December 2021
Italian Court of Cassation, Section I Civil, No. 41736/2021, 28 December 2021
Disqualification for a fixed period of certain administrators colluding with organised crime
Italian Court of Cassation, Section I Civil, No. 41736/2021, 28 December 2021

2020

Beizaras and Levickas v. Lithuania, No. 41288/15, ECtHR (Second Section), 14 January 2020
Hate speech on the internet with discriminatory content against homosexual people. Violation of right to an effective remedy
Beizaras and Levickas v. Lithuania, No. 41288/15, ECtHR (Second Section), 14 January 2020
Italian Supreme Court of Cassation, Labour Section, No. 19618/2020, 18 September 2020
Conflict between freedom of education and respect for the conscience of pupils: referral to the United Sections of the question relating to the display of the crucifix
Italian Supreme Court of Cassation, Labour Section, No. 19618/2020, 18 September 2020
Centraal Israëlitisch Consistorie van België e.a. and Others v. Vlaamse Regering, Case C-336/19, CJEU (Grand Chamber), 17 December 2020
Limits to ritual slaughter and compatibility with EU law
Centraal Israëlitisch Consistorie van België e.a. and Others v. Vlaamse Regering, Case C-336/19, CJEU (Grand Chamber), 17 December 2020
Selahattin Demirtaş v. Turkey (No. 2), No. 14305/17, ECtHR (Grand Chamber), 22 December 2020
Exclusion of a member of the Turkish Parliament from parliamentary work due to his prolonged pre-trial detention without sufficient justification: the ECHR on parliamentary immunity
Selahattin Demirtaş v. Turkey (No. 2), No. 14305/17, ECtHR (Grand Chamber), 22 December 2020