The judgment under review finds a violation of Article 11 ECHR (freedom of association), read in the light of Article 9 ECHR (freedom of thought, conscience and religion), by Turkey, in relation to the removal of two Greek Orthodox priests from the lists of the boards of directors of three foundations belonging to religious minorities, on account of their clerical status.
Normative references
Art. 9 ECHR
Art. 11 ECHR
Ruling
1. The exclusion of Orthodox priests from the boards of directors of foundations belonging to religious minorities constitutes an interference with the freedom of association guaranteed by Article 11 ECHR, interpreted in the light of Article 9 ECHR, where it affects the applicants’ participation in the institutional management of their own religious community.
2. An administrative measure removing elected persons from the governing bodies of community foundations solely because of their clerical status violates Article 11 ECHR, read in the light of Article 9 ECHR, where it is not supported by an accessible, clear and foreseeable legal basis, nor by any domestic rule empowering the administrative authority to take such action.
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