Strasbourg sides with Pole – door-knocking ban hit Jehovah's Witnesses' freedom

The European Court of Human Rights (ECHR) has ruled that Bulgaria violated the freedom of thought, conscience, and religion for its citizens. The unanimous decision by seven judges found that a ban on "religious propaganda" within private homes in the Shumen municipality infringed upon fundamental human rights.

The case was brought forward by Arkadiusz Krzysztof Zakrzewski, a Polish citizen, Krasimir Dinchev Velev, a Bulgarian citizen, and the Jehovah's Witnesses religious association in Bulgaria. They challenged a local ordinance that prohibited proselytizing in residents' homes, arguing it directly impacted their religious practice of sharing their beliefs door-to-door. This practice, they contended, forced them to choose between abandoning a core tenet of their faith or facing administrative sanctions.

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The preaching activity carried out from house to house constitutes an important manifestation of their religion for Jehovah's Witnesses.

The ECHR noted that the ban was overly broad and absolute, failing to distinguish between coercive or intrusive behavior and peaceful religious outreach. "The preaching activity carried out from house to house constitutes an important manifestation of their religion for Jehovah's Witnesses," the court stated in its judgment. It emphasized that a general prohibition on missionary activities, even those resembling sales pitches, requires rigorous scrutiny for proportionality. Bulgarian municipal authorities, the court found, had not demonstrated serious or repeated disturbances that would justify such a sweeping restriction.

"In a democratic society characterized by pluralism and tolerance, the mere fact of being exposed to ideas or religious beliefs that one does not share cannot in itself justify a general ban on peaceful missionary activity," the ECHR added. While acknowledging that protecting residents' peace and privacy is a legitimate aim, the court concluded that the Shumen ban was an excessively broad, preemptive measure. The ban, introduced in 2016, could have resulted in administrative fines for violations.

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In a democratic society characterized by pluralism and tolerance, the mere fact of being exposed to ideas or religious beliefs that one does not share cannot in itself justify a general ban on peaceful missionary activity.