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Dissenting opinion of Judges Vučinić and De Gaetano in the case of Eweida and Others v. the United Kingdom, Nos. 48420/10 and other 3, ECtHR (Fourth Section), 27 May 2013

Abstract

Wearing of religious symbols at the workplace and policy of neutrality of the enterprise. Wearing of religious symbols, security of the hospital and protection of the health of patients. Conscientious objection of the registrar to officiate civil partnerships. Conscientious objection to the psychotherapeutic counseling to homosexual couples. 

Normative references

Art. 9 ECHR 
Art. 14 ECHR 

Ruling

According to the Majority, Ms Ladele’s behavior, who refused to officiate civil partnerships, had caused a detrimental impact on the users’ rights. According to the dissenters, instead, no one had complained or had been unable to access the service: ultimately, the only person who suffered from a discrimination was the applicant herself. The impugned measure, therefore, was “totally disproportionate”.