Information Note on the Court’s case-law 227

March 2019

Cupiał v. Poland (communicated case) - 67414/11

Article 9

Article 9-1

Freedom of religion

Criminal conviction for subjecting children to purportedly excessive religious practices: communicated

Article 2 of Protocol No. 1

Respect for parents' religious convictions

Criminal conviction for subjecting children to purportedly excessive religious pra ctices: communicated

The applicant was charged with committing acts of domestic violence, namely psychological abuse of his three children. During the criminal proceedings the courts established that the applicant, a person of deep Catholic convictions, ha d subjected his children to allegedly excessive religious practices. The courts of two instances concluded that his actions, including, inter alia , waking his children up at night in order to conduct prayers, forcing them to confess their sins publicly and requiring them to take their meals at set times, had amounted to psychological abuse and had sentenced him to one year of imprisonment stayed for three years.

The applicant complains that he was convicted based on his religious beliefs and that he had bee n prevented from raising his children in compliance with those beliefs.

Communicated under Articles 6, 8, 9 and 14 of the Convention and Article 2 of Protocol No. 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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