November 29
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Dolores Utrilla
18th November 2021
Human Rights Institutional law

ECtHR: National authorities’ discretion regarding relationship between State and religion must conform to ECHR standards, but speculative applications are inadmissible

The European Court of Human Rights (ECtHR) has issued an inadmissibility decision in respect of the case Shortall and Others v. Ireland (no. 50272/18), in which it was claimed that the religious elements of the declarations required by the Irish Constitution to take up certain top public offices are contrary to the freedom of thought, conscience and religion under Article 9 of the European Convention on Human Rights (ECHR). 

The case concerns five Irish politicians and members of civil society whose beliefs are contrary to the religious elements required under Articles 12(8) and 31(4) of the Irish Constitution to take up the offices of President of Ireland and of Members of the Irish Council of State. They claimed that, owing to t


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