Sessa v Italy: ECHR 3 Apr 2012

A Jewish lawyer complained that the refusal to adjourn his case to a date which did not coincide with the Jewish holidays of Yom Kippur and Sukkot was an interference with his right to manifest his religion. His complaint was dismissed by a majority of 4 to 3. A powerful minority pointed out that, for a measure to be proportionate, the authority must choose the means which is least restrictive of rights and freedoms. Thus, seeking a reasonable accommodation may, in some circumstances, constitute a less restrictive means of achieving the aim pursued. Mr Sessa had given the Italian court ample notice of the problem and reorganising the lists to accommodate him would cause minimal disruption to the administration of justice – ‘a small price to be paid in order to ensure respect for freedom of religion in a multi-cultural society’

Citations:

28790/08

Links:

HUDOC

Jurisdiction:

Human Rights

Human Rights, Discrimination

Updated: 04 May 2022; Ref: scu.540516