Information Note on the Court’s case-law 51
March 2003
Šijakova and Others v. "the former Yugoslav Republic of Macedonia" (dec.) - 67914/01
Decision 6.3.2003 [Section III]
Article 8
Article 8-1
Respect for family life
Effect on relationship between parents and adult children of latters’ decision to join monastic order: inadmissible
The applicants’ children, all of whom were over the age of 18, joined the monastic order of the Macedonian Orthodox Church, of which the applicants themselves are practising members. In 1998, the applicants lodged a complaint with the Constitutional Court, claiming that they had been deprived of their right as parents to receive care from their children in the event of illness or in old age, since monks were forbidden to maintain contacts with their families. They further contended that the internal regulations of the Church were incompatible with a number of constitutional rights. The court rejected the complaint on the ground that it did not have jurisdiction to review the constitutionality of the Church’s internal rules. It also reiterated the right of every individual to express his religious beliefs freely and to decide on the manner in which to practise his faith.
Inadmissible under Article 8: There had been no interference by a public authority. As to whether the State had a positive obligation, the applicants’ children had entered monastic life after reaching the age of majority and the issue of maintaining contacts and communication between children who are not minors and their parents is a private matter which depends on the individual adults concerned. Consequently, the lack of any relationship and the reasons therefor do not give rise to a positive obligation for the State. Moreover, even assuming Article 8 may be understood to guarantee a right to receive support and care from one’s children, the applicants’ in that respect was premature.
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This summary by the Registry does not bind the Court.
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