CEDHPRESS;HEARINGS;ENG
CEDH · PRESS;HEARINGS;ENG — 6 décembre 2006
- ECLI
- ECLI:CEDH:003-1863907-1957248
- Date
- 6 décembre 2006
- Publication
- 6 décembre 2006
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } .s7ED160F0 { text-decoration:none } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   757 6.12.2006   Press release issued by the Registrar   GRAND CHAMBER HEARING FOLGERØ AND OTHERS v. NORWAY   The European Court of Human Rights is holding a Grand Chamber hearing today at 9 a.m., in the case of Folgerø and Others v. Norway (application no. 15472/02).     The applicants   The applicants, all members of the Norwegian Humanist Association ( Human-Etisk Forbund ), are parents whose children were at primary school at the time of the events complained of. They are: Ingebjørg Folgerø (1960), Geir Tyberø (1956), Gro Larsen (1966), Arne Nytræ (1963) and Carolyn Midsem (1953).   Summary of the facts   In the autumn of 1997 the Norwegian primary school curriculum was changed, with two separate subjects – Christianity and philosophy of life – being replaced by a single subject covering Christianity, religion and philosophy, known as KRL ( kristendomskunnskap med religions- og livssynsorientering ). Under the previous system, parents had been able to apply for their child to be exempted from Christianity lessons; however, it was only possible to request exemption from certain parts of KRL .   KRL was to cover: the Bible, Christianity as cultural heritage, the Evangelical Lutheran Faith (the official State religion in Norway, of which 86% of the population are members), other Christian faiths, other world religions and philosophies, ethics and philosophy. It was also designed to promote understanding and respect for Christian and humanist values and to   promote understanding, respect and dialogue between people with different beliefs and convictions.   During the school year 1999-2000, KRL was introduced at all levels in schools.   The Norwegian Humanist Association was one of a number of associations representing people with minority views which objected to the KRL syllabus, in particular the emphasis placed on Evangelical Lutheran Christianity.   The applicants and other parents made unsuccessful requests to have their children entirely exempted from KRL . On 14 March 1998 they brought unsuccessful proceedings before Oslo City Court, complaining that their exemption requests had been turned down. They claimed, among other things, that the refusal violated their rights and their children's rights under Article 9 (freedom of conscience) of the European Convention on Human Rights and Article   2 of Protocol No. 1 (right to education), as well as Article 14 (prohibition of discrimination).   The 1998 Education Act, which entered into force on 1 August 1999, provided that: “a pupil shall, on the submission of a written parental note, be granted exemption from those parts of the teaching in the particular school concerned that they, from the point of view of their own religion or philosophy of life, consider as amounting to the practising of another religion or adherence to another philosophy of life”.   On 25 March 2002, four sets of parents (not including the applicants) lodged a communication with the United Nations Human Rights Committee under the Protocol to the 1966 International Covenant on Civil and Political Rights. The Committee found, in the complainants’ case, that KRL , with its rules on exemptions, violated the Covenant.   Complaints   The applicants complain that the refusal to grant full exemption from KRL prevented them from ensuring their children received an education in conformity with their religious and philosophical convictions. They also complain that they were required to describe in detail the parts of the course which conflicted with their convictions, which Christian parents were not required to do, and which risked stigmatising their children or placing them in a difficult position. They rely on Article   9, Article   2 of Protocol No. 1, Article 8 (right to respect for private life) and Article 14.   Procedure   The application was lodged with the European Court of Human Rights on 20 February 2002 and declared admissible on 14 February 2006. On 18 May 2006 the Chamber dealing with the case relinquished jurisdiction in favour of the Grand Chamber [1] .   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Boštjan M. Zupančič (Slovenian), Peer Lorenzen (Danish), Françoise Tulkens (Belgian) Corneliu Bîrsan (Romanian), Nina Vajić (Croatian), Margarita Tsatsa-Nikolovska (citizen of “The former Yugoslav Republic of Macedonia”), Anatoli Kovler (Russian), Vladimiro Zagrebelsky (Italian), Elisabeth Steiner (Austrian), Javier Borrego Borrego (Spanish), Khanlar Hajiyev (Azerbaijani), Dean Spielmann (Luxemburger), Sverre Erik Jebens (Norwegian), Ineta Ziemele (Latvian), judges , Dragoljub Popović (Serbian), Lech Garlicki (Polish), substitute judges , and also Vincent Berger , Section Registrar .   Representatives of the parties   Government :   Therese Steen , Agent ,   Elin Holmedal , Gunnar Mandt , Bjørn Gjefsen , Advisers ;   Applicants :   Lorentz Stavrum , Knut Rognlien , Counsel ,   Bente Sandvig , Torunn Nikolaisen , Advisers .   The applicants Ingebjørg Folgerø , Gro Larsen and Carolyn Midsem will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Press contacts Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Beverley Jacobs (telephone: 00 33 (0)3 90 21 54 21)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.   [1] Article 30 of the Convention: “Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects”.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- PRESS;HEARINGS;ENG
- Date
- 6 décembre 2006
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:003-1863907-1957248
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- Texte intégral
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