Logo law and pluralism
Logo Università Bicocca

Chassagnou and others v. France, Nos. 25088/94, 28331/95, 28443/95, ECtHR (Grand Chamber), 29 April 1999

Date
29/04/1999
Type Judgment
Case number 25088/94; 28331/95; 28443/95

Abstract

Imposition by on some landowners, contrary to hunting for ethical reasons, to belong to a municipal association for hunting purposes. Violation of art. 11 of the ECHR and art. 1 of the first Additional Protocol, both considered individually and in conjunction with art. 14 ECHR. No need of a separate examination of the case from the standpoint of art. 9.
 

Normative references

Art. 9 ECHR
Art. 11 ECHR
Art. 14 ECHR
Art. 1 Prot. 1 ECHR

Ruling

1. Where restrictions are imposed on a right or freedom guaranteed by the Convention in order to protect “rights and freedoms” which are not, as such, enunciated therein, only indisputable imperatives can justify interference with the enjoyment of a Convention right.

2. To compel a person by law to join an association such that it is fundamentally contrary to his own convictions to be a member of it, and to oblige him, on account of his membership of that association, to transfer his rights over the land he owns so that the association in question can attain objectives of which he disapproves, goes beyond what is necessary to ensure that a fair balance is struck between conflicting interests and cannot be considered proportionate to the aim pursued, within the meaning of article 11 ECHR.