Christian Congregation of Jehovah’s Witnesses v. Italy, No. 49687/16, ECtHR (First Section), 11 June 2026

A State violates the rights to freedom of religion, peaceful enjoyment of possessions, and non-discrimination where, without an objective and reasonable justification, it prevents a duly registered religious community for a prolonged period from concluding the agreement provided for under domestic law, thereby denying it access to a public funding scheme designed to support the effective exercise of religious freedom.

Art. 14 ECHR
Art. 9 ECHR
Art. 1 ECHR Additional Protocol 1

1. A violation of the principle of non-discrimination (Article 14 of the Convention), taken in conjunction with freedom of religion (Article 9 of the Convention) and the right to the peaceful enjoyment of possessions (Article 1 of Protocol No. 1), arises where a State persistently refuses or unjustifiably fails to conclude an agreement with a duly recognized religious denomination, when such an agreement constitutes, under domestic law, a prerequisite for access to a public funding scheme intended to support religious activities. In such circumstances, exclusion from the financial benefit significantly affects both the effective exercise of religious freedom and a proprietary interest sufficiently established to constitute a “possession” within the meaning of Article 1 of Protocol No. 1 to the Convention.

2. The exclusion of a duly registered Jehovah’s Witness religious association in Italy from participation in the allocation of the “eight per thousand” share of income tax constitutes discrimination prohibited by the Convention where such exclusion results solely from the absence of an agreement with the State pursuant to Article 8(3) of the Italian Constitution, where the failure to conclude such an agreement has persisted for an unreasonably long period without adequate justification, notwithstanding the association’s comparable position to other religious denominations already entitled to participate in the scheme.