The positive obligations of a State to uphold religious freedom as guaranteed by the ECHR

Abstract

This case comment aims at analysing and critiquing the recent judgement of the ECtHR in Svyato-Uspenskyy. The case concerned a potential violation of the applicant community’s right to religious freedom under article 9 ECHR. The State was found in breach for failing to take the necessary steps to protect the exercise of the said right by the religious community. The Applicant was a religious community in Ukraine, that belonged to the Ukrainian Orthodox Church which was associated with the Patriarchate of Moscow. Further to this, the Applicant owned and used a church building in the village of Ptycha. Due to the invasion of Crimea by Russia, tensions escalated between the Ukrainian Orthodox Church which was associated with the Moscow Patriarchate, and the Ukrainian Orthodox Church which was associated with the Kyiv Patriarchate (the UOC KP).