The right to autonomy of religious associations in Central and Eastern Europe: on the way from politics to law

Abstract

The events taking place in Central and Eastern Europe (primarily in Ukraine and Latvia) indicate a serious problem facing believers in these States, and are also a significant challenge to the adopted approach regarding the right to autonomy of religious associations, affecting and having significance for the entire European continent. Currently, the state authorities of Ukraine and Latvia are taking measures aimed at significantly limiting the activities of religious associations that have historically been in church-canonical connection with the Russian Orthodox Church. It seems that the actions of the State authorities of these countries can be characterized as excessive interference in the autonomy of religious organizations guaranteed by the Constitution of Ukraine and the Republic of Latvia, as well as the European Convention on Human Rights. Meanwhile, the ECHR has formed a stable practice defending the right to autonomy of religious associations in the states of Central and Eastern Europe, as well as guaranteeing protection from unjustified state interference in the internal affairs of the church. In this article, the author attempts not only to analyze the precedents already considered in the practice of the ECHR, but also to predict a possible Court decision regarding the actions of state authorities of Ukraine and Latvia on the way from politics to law.

References

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