Одлука Европског суда за људска права као пример (не)поштовања аутономије и аутокефалности Православних Цркава

Abstract

It is the duty of every country that becomes a member of the Council of Europe to sign an acceptance of all responsibilities and obligations that ensue upon its ratification of the European Convention of Human Rights. What constitutes the guaranteed religious rights defined in Articles 9 and 11 of the European Convention of Human Rights, and how much has case-law so far honoured the principles of autonomy and autocephaly of Orthodox Churches, is the core question of this paper. Analysis of the key court decisions, brought by the European Court of Human Rights dealing with the Orthodox Churches, could give us an answer what to expect in church-state legal relations development. It can also help the Serbian Orthodox Church to develop a legal point of view in order to protect itself from other potentially harming religious groups.

Keywords

• european convention on human rights
• european court of human rights
• freedom of religion
• freedom of association
• autonomy
• autocephaly