Religious Community of Jehovah’s Witnesses v. Azerbaijan, No. 52884/09, ECtHR (Fifth Section), 20 February 2020

The refusal opposed by the State to the import of religious texts, intended for proselytizing activities, motivated by their allegedly intolerant contents, constitutes a breach of article 10 of the ECHR, read in the light of article 9.

Art. 9 ECHR
Art. 10 ECHR

1. A certain margin of appreciation is generally available to the Contracting States when regulating freedom of expression in relation to matters liable to offend intimate personal convictions within the sphere of religion or to incite religious hatred or intolerance. The authorities’ margin of appreciation, however, is not unlimited. It goes hand in hand with Convention supervision. It is for the European Court to to give a final ruling on the restriction’s compatibility with the Convention.

2. It is for the European Court to assess in the circumstances of a particular case whether the interference corresponded to a “pressing social need” and whether it was “proportionate to the legitimate aim pursued”. Indeed, such supervision can be considered to be all the more necessary given the rather open-ended notion of respect for the religious beliefs of others and the risks of excessive interference with freedom of expression under the guise of action taken against allegedly offensive material.