The European Court of Human Rights has dismissed a complaint brought by former EU special envoy Jan Figel challenging Slovakia’s bans on communal worship during 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 could not therefore be regarded as a victim under the European Convention on Human Rights.
Figel, who served as 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 personal impact of the worship ban in July 2023.
“Religious freedom is among the most vital and central human rights," said Figel in response to the ruling.
"I am deeply saddened by the Court’s decision not to rule on the merits of this case and recognise that the government overstepped the European Convention by banning collective worship repeatedly.
"While this decision is a setback, our efforts to defend fundamental freedoms must and will continue."
Figel, the former Special Envoy for Freedom of Religion or Belief outside the EU, brought the case in response to Slovakia's Covid-19 restrictions during the pandemic, which included a total ban on religious services.
He said he intended not only to defend his own rights but also to highlight wider concerns about freedom of religion in Europe.
“As Special Envoy, I saw firsthand how fragile freedom is. I believe 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 does not become 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 outcome for people of faith and for religious freedom across Europe".
“The court’s decision to dismiss the case is based on a surprising disregard of the information that was provided by the applicant," she said.
"Unfortunately, due to the procedural rules of the Court, this decision cannot be challenged, despite being unjust and ill-reasoned.
"Fundamental freedoms should be upheld even in times of crisis, not set aside. The international legal framework is clear: communal worship is not a privilege, but a protected right.”
She added, “We regret that the Court did not seize the opportunity to recognize 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 does not mark the end of the discussion. It strengthens our resolve to continue advocating for the rights of all people to live out their faith freely and publicly, including the basic right to worship together.”
