The ECtHR unanimously reaffirmed that door-to-door preaching by Jehovah’s Witnesses is protected under Article 9 of the ECHR, even when it may be considered “unwelcome.” Indeed, “the mere fact of being exposed to religious ideas or beliefs that one does not share cannot, in itself, justify a general prohibition of peaceful missionary activities” (§ 70).

The applicants, Jehovah’s Witnesses living in Bulgaria, had been sanctioned by the national authorities for engaging in religious proselytism (door-to-door preaching), a practice regarded as essential to the evangelical mission of their religious denomination. They argued that the Bulgarian municipal regulations prohibiting the “disturbance of domestic peace and quiet” for proselytizing purposes constituted an unjustified interference with their right to manifest their religion freely under Article 9 of the ECHR.

The Strasbourg Court found that the sanctions imposed on the applicants interfered with the manifestation of a religious practice and criticized the quality of the Bulgarian law, noting that the contested municipal provisions were ambiguous and overly broad. Finally, it held that, in a democratic and pluralistic society, restrictions on religious freedom must correspond to a pressing social need and be proportionate to the legitimate aim pursued. In the present case, a blanket prohibition on door-to-door preaching, applied without properly distinguishing between harassing conduct and peaceful missionary activities, went beyond what was necessary to protect the rights of others.

 

(Comment by Tania Pagotto)