OBSTRUCTION OF RELIGIOUS RULES IN THE DECISIONS OF THE ECHR

Abstract

Freedom of religion, which includes the freedom to choose, change or abandon religion, beliefs, and the right to publicly express one’s religious views, is guaranteed by the Constitution, laws of Ukraine, and a number of international agreements, in particular the European Convention on Human Rights and the International Covenant on Civil (ECHR) and Political Rights, which define freedom of religion as one of the fundamental human rights that cannot be restricted. Along with this, the existence of different religions, churches, worldviews, the interaction of religious organizations, believers with the state and society creates the prerequisites for the emergence of conflicts, the consequence of which is the obstruction of religious rites or religious activity. Issues of worldview, freedom of thought, conscience, and religious beliefs are extremely important for the state both in terms of ensuring the rights and freedoms of a particular person and the consolidation of society. Protection of freedom of religion, where a person is free from state influence, protection of religious rites are the main elements for building a democratic society and ensuring human rights and freedoms without hindrance. Researching the practice of the ECHR in cases related to inadequate protection and response of the state to violations of the religious rights of citizens is important from the point of view of identifying the most important problematic aspects in this area and key principles for resolving controversial issues. Change the approach and, taking into account the practice of the ECHR, apply the term interference aimed at preventing the implementation of a religious rite, religious activity, which in turn will cover any interference with the activities of a clergyman or religious organizations. Consider the practice of the ECHR, which were an example of interference with freedom of religion and religious rites, and became the subject of judicial review.