The European Court of Human Rights has dismissed a criticism brought by former EU special envoy Jan Figel difficult Slovakia’s bans on communal worship throughout the pandemic.
The Strasbourg-based court ruled the case inadmissible, saying it was not clear how Figel was personally affected by the restrictions and that he couldn’t subsequently be considered a victim under the European Convention on Human Rights.
Figel, who served because the European Commission’s Special Envoy for Freedom of Religion or Belief, said he was surprised by the ruling after submitting detailed arguments on the private impact of the worship ban in July 2023.
“Religious freedom is amongst probably the most vital and central human rights,” said Figel in response to the ruling.
“I’m deeply saddened by the Court’s decision to not rule on the merits of this case and recognise that the federal government overstepped the European Convention by banning collective worship repeatedly.
“While this decision is a setback, our efforts to defend fundamental freedoms must and can proceed.”
Figel, the previous Special Envoy for Freedom of Religion or Belief outside the EU, brought the case in response to Slovakia’s Covid-19 restrictions throughout the pandemic, which included a complete ban on religious services.
He said he intended not only to defend his own rights but in addition to spotlight wider concerns about freedom of faith in Europe.
“As Special Envoy, I saw firsthand how fragile freedom is. I feel the EU cannot credibly promote religious freedom abroad if we fail to uphold it at home,” he said.
“This case was about ensuring that worship doesn’t develop into a dispensable right in times of crisis.”
The case was supported by the Alliance Defending Freedom International (ADF)
ADF senior counsel, Dr Adina Portaru, said it was “a disappointing final result for people of religion and for religious freedom across Europe”.
“The court’s decision to dismiss the case is predicated on a surprising disregard of the knowledge that was provided by the applicant,” she said.
“Unfortunately, resulting from the procedural rules of the Court, this decision can’t be challenged, despite being unjust and ill-reasoned.
“Fundamental freedoms ought to be upheld even in times of crisis, not put aside. The international legal framework is obvious: communal worship shouldn’t be a privilege, but a protected right.”
She added, “We regret that the Court didn’t seize the chance to acknowledge that less restrictive options were available and that spiritual nourishment is as essential as physical well-being.”
ADF International has backed similar challenges to Covid worship bans in Ireland, Scotland, Switzerland and Uganda.
“Human rights must remain robust, even under pressure,” Portaru said.
“Today’s decision doesn’t mark the top of the discussion. It strengthens our resolve to proceed advocating for the rights of all people to live out their faith freely and publicly, including the fundamental right to worship together.”
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