European Court of Human Rights
Bayatyan v. Armenia [GC], no. 23459/03, ECHR 2011
“… the applicant’s objection to military service was motivated by his religious beliefs, which were genuinely held and were in serious and insurmountable conflict with his obligation to perform military service … pluralism, tolerance and broadmindedness are hallmarks of a ‘democratic society’ … democracy does not simply mean that the views of a majority must always prevail: a balance must be achieved which ensures the fair and proper treatment of people from minorities and avoids any abuse of a dominant position. Thus, respect on the part of the State towards the beliefs of a minority religious group like the applicant’s by providing them with the opportunity to serve society as dictated by their conscience might, far from creating unjust inequalities or discrimination as claimed by the Government, rather ensure cohesive and stable pluralism and promote religious harmony and tolerance in society”
For information on other legal victories, please see below:
- Begenchov v. Turkmenistan, communication No. 3272/2018, Views of 11 March 2022 (CCPR).
- Avanesyan v. Armenia, no. 12999/15, 20 July 2021 (ECHR).
- Aghanyan and Others v. Armenia, no. 58070/12, 5 December 2019 (ECHR).
- Kim (Jeong-ro) v. Korea, opinion No. 69/2018, adopted on 20 November 2018 (WGAD).
- Shin and Baek v. Korea, opinion No. 40/2018, adopted on 29 August 2018 (WGAD).
- Hudaybergenov (Mahmud) v. Turkmenistan, communication No. 2221/2012, Views of 29 October 2015 (CCPR).
- Buldu and Others v. Turkey, no. 14017/08, 3 June 2014 (ECHR).
- Feti Demirtaş v. Turkey, no. 5260/07, 17 January 2012 (ECHR).
- Bukharatyan v. Armenia, no. 37819/03, 10 January 2012 (ECHR).
- Tsaturyan v. Armenia, no. 37821/03, 10 January 2012 (ECHR).
- Erçep v. Turkey, no. 43965/04, 22 November 2011 (ECHR).
- Tuvakov and Masharipov v. Turkmenistan, opinion No. 2/2005, adopted on 24 May 2005 (WGAD).
- Bayatyan v. Armenia [GC], no. 23459/03, ECHR 2011 (ECHR)
- Mushfig Mammadov and Others v. Azerbaijan, nos. 14604/08 and 3 others, 17 October 2019 (ECHR).
- Aslanian v. The Republic of Moldova and Russia, no. 74433/11, 13 July 2021 (ECHR).
- Mehdiyev and Abilov v. Azerbaijan (dec.), nos. 52773/19 and 54768/19, 7 October 2021 (ECHR).
- Yoon and Choi v. Republic of Korea, communication No. 1321-1322/2004, Views of 3 November 2006 (CCPR).
- Jeong et al v. Republic of Korea, communication No. 1642-1741/2007, Views of 24 March 2011 (CCPR).
- Atasoy and Sarkut v. Turkey, communication No. 1853-1854/2008, Views of 29 March 2012 (CCPR).
- Kim (Jong-nam) et al v. Republic of Korea, communication No. 1786/2008, Views of 25 October 2012 (CCPR).
- Kim (Young-Kwan) et al v. Republic of Korea, communication No. 2179/2012, Views of 15 October 2014 (CCPR).
- Abdullayev v. Turkmenistan, communication No. 2218/2012, Views of 25 March 2015 (CCPR).
- Yegendurdyyev v. Turkmenistan, communication No. 2227/2012, Views of 14 July 2016 (CCPR).
- Nasyrlayev v. Turkmenistan, communication No. 2219/2012, Views of 15 July 2016 (CCPR).
- Nurjanov v. Turkmenistan, communication No. 2225/2012, Views of 15 July 2016 (CCPR).
- Uchetov v. Turkmenistan, communication No. 2226/2012, Views of 15 July 2016 (CCPR).
- Islamov v. Tajikistan, opinion No. 43/2017, adopted on 21 August 2017 (WGAD).
- Dawletow v. Turkmenistan, communication No. 2316/2013, Views of 29 March 2019 (CCPR).
- Nazarov et al v. Turkmenistan, communication No. 2302/2013, Views of 25 July 2019 (CCPR).