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Larissis and others v. Greece, No. 23372/94, ECtHR (Chamber), 24 February 1998

Date
24/02/1998
Type Judgment
Case number 23372/94

Abstract

Religious proselytism by military officers. Criminal conviction. Any violation of art. 9 of the ECHR depends on the recipients of the sanctioned activity.

Normative references

Art. 9 ECHR

Ruling

1. While religious freedom is primarily a matter of individual conscience, it also implies, inter alia, the right to “manifest one’s religion”, including the right to try to convince one’s neighbour, for example through “teaching".

2. When interpreting and applying the rules of the Convention, it is necessary for the Court to bear in mind the particular characteristics of military life and its effects on the situation of individual members of the armed forces.
(The case revolves around the criminal conviction inflicted on Greek aviation officers, faithful of the Pentecostal Church, for carrying out acts of proselytism. According to the Court, the conviction does not constitute a breach of Article 9 of ECHR as far as it refers to cases in which undue pressure was exerted on subordinates. Instead, there has been a violation of the Convention where the same sentence refers to proselytizing activities aimed at simple civilians)