141. The Commission is inspired in this regard by the views of the defunct European
Human Rights Commission. In Reformed Church of X. v. The Netherlands (1962) E.
Comm. HR (App. No. 1497/62) a pastor of the church objected to the compulsory
pension scheme under the Old Age Pensions Act of The Netherlands because it was in
conflict with the imperative prescriptions of the bible by which old people like him are
supposed to be provided for by members of the church. He claimed that compulsory
pension contributions contravened this biblical prescription which forms part of his
religious faith. The Act provided for an exemption for conscientious objectors not to
make direct contributions to the scheme.24 The European Commission on Human
Rights found that there had been no violation of freedom of religion in light of the
exemption.25
142. Similarly in the present case, the exemption introduced by the amendment to
the Civil Registry Act No 143/1994 eliminated the coercion which constituted violation
of freedom of conscience and religion. Thus, whereas the impugned measures were
violative of Article 8 of the Charter, there is as from the time of the amendment no
more violation of the freedom of conscience and religion reserved to the forum internum
on the basis of compulsion to disclose religion or to bear false religious identity.
143. The foregoing analysis on freedom of religion within the forum internum has
proceeded without paying any regard to the Respondent State’s submissions
concerning its reservation to the Charter and the imperative of public order. The
Commission does not consider that those two points are applicable to the freedom of
religion within the forum internum, particularly the core freedoms within that forum.
Indeed the Respondent State confirms as much in its submissions when it states its
domestic law including judicial pronouncements accentuating that the core freedoms
of religion within the forum internum are absolute. The Commission accordingly
considers that the reservation to Article 8 of the Charter and the imperatives of public
order are only applicable with respect to the freedom to practice or manifest religion.
Specifically, this relates to the issue of recording ‘Bahá’í’ in official documents.
144. The Respondent State’s refuses to recognise and acknowledge the Bahá’í
religion by recording it in its official documents. It is apparent that the refusal to record
Bahá’í in official documents is part of a broader policy not to recognise Bahá’í as
religion pursuant to the consensus of Islamic scholars which forms part of Islamic
sharia. The Complainants’ initially contended that the refusal to record Baha’i in
Parliament made provisions for this exemption because it was aware of the position of the church on
compulsory pension contributions.
25 The case was later followed in the case of X. v. The Netherlands (1965) E. Comm. HR (App. No.
2065/63), E.&G.R. v. Austria (1984) E. Comm. HR (App. No. 9781/82) (right of election to leave church
to avoid compulsory obligation to pay church tax)
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