The ruling, grounded in procedural technicalities, leaves a critical issue at the intersection of health policy, religious worship freedom, and democratic governance unanswered.
Newsroom (17/09/2025, Gaudium Press ) When churches across Europe shuttered during the COVID-19 pandemic, the silence within their walls sparked a contentious debate: can governments halt public worship in the name of public health, and at what cost to fundamental freedoms? That question reached the European Court of Human Rights (ECHR) again this month, only to be left unresolved. On September 11, the Strasbourg-based court dismissed an appeal by Ján Figel, a Slovak politician and devout Catholic, who argued that Slovakia’s 2021 ban on collective worship violated his religious liberty. The ruling, grounded in procedural technicalities, leaves a critical issue at the intersection of health policy, religious freedom, and democratic governance unanswered.
Figel, a former European Commissioner and special envoy for freedom of religion or belief, has been a vocal advocate for protecting public worship. His challenge targeted Slovakia’s blanket prohibition on religious gatherings during the height of the pandemic, which he claimed breached Article 9 of the European Convention on Human Rights, guaranteeing freedom of thought, conscience, and religion. The ECHR, however, sidestepped the substance of his argument, ruling that Figel could not be considered a direct “victim” of the restrictions. The decision is final, with no possibility of appeal.
“This is not just a personal setback,” Figel said in a statement released through ADF International, the legal advocacy group supporting his case. “Worship is not a privilege governments can suspend at will.” For Figel, who attends Mass several times a week, the ruling underscores a broader concern: the risk that Europe’s legal frameworks may undervalue the communal dimension of faith in times of crisis.
The ECHR’s refusal to engage with the core issue—whether blanket worship bans are justifiable under the European Convention—marks a missed opportunity to clarify the balance between public health and religious liberty. Adina Portaru, senior counsel at ADF International, called the dismissal a blow to believers across the continent. “The court ignored clear evidence that spiritual support is as vital as physical health,” she said. Alongside Slovak attorney Martin Timcsák, Portaru had hoped the case would set a precedent affirming worship as a protected right, even in emergencies.
The ruling exposes a glaring gap in European jurisprudence. Despite numerous appeals over pandemic-era restrictions, the ECHR has yet to issue a definitive ruling on their compatibility with religious freedom protections. This silence leaves faith communities in limbo, uncertain about how future crises might affect their rights. Could another emergency trigger new bans on worship? Or will courts eventually establish clearer limits on governmental power?
ADF International points to successes elsewhere as evidence that balance is possible. In Ireland, Scotland, Switzerland, and Uganda, legal challenges during the pandemic forced governments to ease restrictions, allowing churches to reopen with safety measures in place. These cases, advocates argue, demonstrate that public health and religious practice need not be mutually exclusive.
The European Convention on Human Rights permits restrictions on religious freedom under specific conditions, such as public safety. Yet, as global crises grow more frequent, the tension between individual rights and collective needs has become more pronounced. For believers like Figel, the issue is deeply personal, touching on the essence of living one’s faith in community.
The Strasbourg court’s decision to avoid the substance of Figel’s case may defer the debate, but it cannot silence it. As governments and societies navigate an era of uncertainty, the question of how to protect both public health and fundamental freedoms will inevitably resurface—likely with greater urgency and higher stakes.
- Raju Hasmukh with files from Zenit
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