PR on Judgment in M.A.M. v. Switzerland

Expelling to Pakistan a national of that country who had converted to Christianity in Switzerland was liable to infringe his Convention rights

PR on Judgment in M.A.M. v. Switzerland

The case of M.A.M. v. Switzerland (application no. 29836/20) concerned the applicant’s possible expulsion to Pakistan. M.A.M. is a Pakistani national who had converted from Islam to Christianity while in Switzerland, where he had arrived in 2015 and where his asylum request had been rejected. In today’s Chamber judgment1 the European Court of Human Rights held, unanimously, that if the decision to expel the applicant to Pakistan were to be executed there would be a violation of Article 2 (right to life) and Article 3 (prohibition of torture, inhuman or degrading treatment) of the European Convention on Human Rights, in the absence of an assessment of the risk to which the applicant was exposed on account of the overall situation of Christian converts in Pakistan and of his own personal situation.

The Court ruled that the assessment by the Swiss authorities of the risk facing the applicant on account of his conversion to Christianity if he were expelled to Pakistan had been insufficient to uphold the rejection of his asylum request, also given that he had not been represented by a lawyer at any stage in the national proceedings.

United Kingdom (41st Session)

United Kingdom

(41st Session)

ADF International is a faith-based legal advocacy organization that protects fundamental freedoms and promotes the inherent dignity of all people before national and international institutions.

This report draws attention to the United Kingdom’s (UK) shortcomings in protecting freedom of expression and opinion in public spaces and in promoting the right of parents to educate their children in accordance with their religious and philosophical beliefs.

The Netherlands (41st Session)

The Netherlands

(41st Session)

ADF International is a faith-based legal advocacy organization that protects fundamental freedoms and promotes the inherent dignity of all people before national and international institutions.

This report outlines how the Netherlands’ regulation of euthanasia and assisted suicide undermines respect for human dignity and violates the rights to life and to health, particularly of older persons and persons with disabilities. It also highlights how the introduction of so-called “buffer zones” around abortion facilities constitutes an illegitimate restriction on the exercise of the freedoms of expression and assembly.

Iceland (40th Session)

Iceland

(40th Session)

ADF International is a faith-based legal advocacy organization that protects fundamental freedoms and promotes the inherent dignity of all people before national and international institutions.

This report draws attention to the government of Iceland’s shortcomings in guaranteeing freedom of expression, protecting the right to life and affirming the dignity of persons with disabilities, in addition to safeguarding parent’s rights to educate their children according to their beliefs.

Greece (39th Session)

Greece

(39th Session)

ADF International is a faith-based legal advocacy organization that protects fundamental freedoms and promotes the inherent dignity of all people before national and international institutions. As well as having ECOSOC consultative status with the United Nations (registered name “Alliance Defending Freedom”), ADF International has accreditation with the European Commission and Parliament, and the Organization of American States. ADF International is also a participant in the FRA Fundamental Rights Platform.

This report highlights a number of legal restrictions on the exercise of the rights to freedom of religion and freedom of expression in Greece, and the State’s failure to guarantee respect for and protection of religious minorities. The report also focuses on Greece’s prohibition of homeschooling, explaining why it represents a violation of the rights of parents to ensure the education of their children in conformity with their own convictions.

Hungary (39th Session)

Hungary

(39th Session)

ADF International is a faith-based legal advocacy organization that protects fundamental freedoms and promotes the inherent dignity of all people before national and international institutions. As well as having ECOSOC consultative status with the United Nations (registered name “Alliance Defending Freedom”), ADF International has accreditation with the European Commission and Parliament, and the Organization of American States. ADF International is also a participant in the FRA Fundamental Rights Platform.

This report focuses on the right freedom of religion or belief in Hungary, where laws concerning church registration result in unjustified and discriminatory restrictions on the practices of faith communities. It also highlights the government’s crackdowns on freedom of expression and assembly, as well as concerns over parental rights in the context of children education.

Ireland (39th Session)

Ireland

(39th Session)

ADF International is a faith-based legal advocacy organization that protects fundamental freedoms and promotes the inherent dignity of all people before national and international institutions. As well as having ECOSOC consultative status with the United Nations (registered name “Alliance Defending Freedom”), ADF International has accreditation with the European Commission and Parliament, and the Organization of American States. ADF International is also a participant in the FRA Fundamental Rights Platform.

This submission highlights the severe implications of the legalization of abortion in Ireland on the enjoyment of the human right to freedom of conscience, notably in relation to the right of medical professionals to conscientious objection, as well as on the exercise of parental rights and responsibilities. In light of recent parliamentary initiatives to bring about the legalisation of assisted suicide, this report also explains why a so-called right to ‘die with dignity’ is incompatible with Ireland’s obligation to protect the right to life until natural death.

Denmark (38th Session)

Denmark 

(38th Session)

ADF International is a faith-based legal advocacy organization that protects fundamental freedoms and promotes the inherent dignity of all people before national and international institutions. As well as having ECOSOC consultative status with the United Nations (registered name “Alliance Defending Freedom”), ADF International has accreditation with the European Commission and Parliament, and the Organization of American States. ADF International is also a participant in the FRA Fundamental Rights Platform. 

This report focuses on the government of Denmark’s shortcomings in guaranteeing freedom of expression and freedom of religion or belief. It calls out legislation criminalizing offensive language and the lack of accommodation for religious practice in immigration and education.

Belgium (38th Session)

Belgium 

(38th Session)

ADF International is a faith-based legal advocacy organization that protects fundamental freedoms and promotes the inherent dignity of all people before national and international institutions. As well as having ECOSOC consultative status with the United Nations (registered name “Alliance Defending Freedom”), ADF International has accreditation with the European Commission and Parliament, and the Organization of American States. ADF International is also a participant in the FRA Fundamental Rights Platform. This report details the incompatibility of Belgium’s Euthanasia Law with its human rights obligations, particularly under the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of Persons with Disabilities (CRPD).