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Aygün v. Belgium, No. 28336/12, ECtHR (Third Section), 8 November 2022

Abstract

Freedom of religion and refusal to allow the plaintiffs to proceed with the funeral of their sons in their home country

Normative references

Art. 8 ECHR
Art. 9 ECHR

Ruling

The inability of the applicants to have the domestic courts reevaluate the necessity of the refusal to allow them to have their sons' bodies transferred to their home country resulted in the consequent inability to test the continued necessity of the interference with the applicants' rights the light of Articles 8 and 9 of the Convention, of which there is therefore a violation.