The challenge brought by top EU official and former Special Envoy for Freedom of Religion or Belief outside the EU, Dr. Ján Figeľ to the European Court of Human Rights is ruled inadmissible on narrow grounds
Court disregards key information that the applicant submitted
Strasbourg (4 September 2025) – In a disappointing decision for religious freedom, the European Court of Human Rights (ECtHR) has ruled Dr. Ján Figeľ’s challenge to Slovakia’s sweeping bans on communal worship during the COVID-19 pandemic inadmissible. The Court concluded that it would not rule on the merits of Figeľs challenge because it was not sufficiently clear how Figeľ himself was negatively impacted by the measures taken by the Slovak government and he could therefore not be regarded as victim. This comes as a surprise to the applicant who detailed, in his July 2023 response, how he was affected and addressed all the points the court claimed he failed to provide. The case, co-represented by ADF International and Slovak lawyer Martin Timcsák, had aimed to uphold the right to strong legal protections for religious worship in times of crisis.
“Religious freedom is among the most vital and central human rights. I am deeply saddened by the Court’s decision not to rule on the merits of this case and recognise that the government overstepped the European Convention by banning collective worship repeatedly. While this decision is a setback, our efforts to defend fundamental freedoms must and will continue.”
Unjustified restrictions remain unaddressed by the Court
In 2021, the Slovak Republic extended its COVID-19 restrictions to include a total ban on religious services. The Court did not address the question of whether the bans were proportionate, necessary, and aimed at protecting public health.
“This is a disappointing outcome for people of faith and for religious freedom across Europe,” said Dr. Adina Portaru, Senior Counsel for ADF International. “The Court’s decision to dismiss the case is based on a surprising disregard of the information that was provided by the applicant. Unfortunately, due to the procedural rules of the Court, this decision cannot be challenged, despite being unjust and ill-reasoned. Fundamental freedoms should be upheld even in times of crisis, not set aside. The international legal framework is clear: communal worship is not a privilege, but a protected right.”
Why a ruling would matter
The European Court of Human Rights (ECtHR) failed to address whether Slovakia’s ban on communal worship was legally justified in the context of the COVID-19 emergency, despite arguments that the measures lacked a clear legal basis and failed to meet the thresholds of legality, necessity, and proportionality.
“The ECtHR has thus far not ruled on any COVID-19 case concerning freedom of religion or belief, despite so much time passing, and despite the dire need to correct the wrongs done to fundamental freedoms during the pandemic. Religious communities demonstrated they could worship safely,” said Portaru. “We regret that the Court did not seize the opportunity to recognize that less restrictive options were available and that spiritual nourishment is as essential as physical well-being.”
Broad support for religious freedom
Dr. Ján Figeľ, former EU Commissioner and the first Special Envoy for Freedom of Religion or Belief outside the EU (2016-2019), brought the case not only to defend his own rights, but also to stand for the broader principle of religious freedom in Slovakia and beyond.
“As Special Envoy, I saw firsthand how fragile freedom is. I believe the EU cannot credibly promote religious freedom abroad if we fail to uphold it at home,” said Figeľ. “This case was about ensuring that worship does not become a dispensable right in times of crisis.”
Figeľ’s case had garnered strong backing from civil society, including leaders in academia, politics, and religious communities from diverse backgrounds.
Global advocacy continues
ADF International continues its global advocacy for religious freedom. It has fought similar worship bans worldwide. The organization has supported successful legal challenges to discriminatory worship bans in Uganda, Ireland, Scotland, and Switzerland. While the Court’s decision in the Figeľ case is a setback, ADF International emphasizes that the fight for religious freedom is far from over.
“Human rights must remain robust, even under pressure,” concluded Portaru. “Today’s decision does not mark the end of the discussion. It strengthens our resolve to continue advocating for the rights of all people to live out their faith freely and publicly, including the basic right to worship together.”
