This freedom from religion was recognized in European Court of Human Rights jurisprudence
The plaintiff petitioned the European Court of Human Rights to overturn criminal legislation that restricted proselytism in Kokkinakis v. Greece.258 The Court noted that Article 9 is in outlining the general principles underlying the Article 9 guarantee of religious freedom in the European convention
with its spiritual measurement, the most vital elements that get to create within the identification of believers and their conception of life, however it is also a valuable asset for atheists, agnostics, sceptics as well as the unconcerned. The pluralism indissociable from a society that is democratic that has been dearly won on the centuries, is determined by it.259
right Here, the Court was clear that a robust feeling of spiritual freedom also includes both believers and non-believers
In this sense, freedom of faith within a society that is democratic be divided from a concomitant freedom from faith. Where patriarchal interpretations are presented as “the” holdings of a specific faith and given government security during the sacrifice of other similarly legitimate interpretations, they could be unduly foisted upon those that, if because of the possibility to make a free of charge and informed decision, would select to not ever be governed by them.
Although the Court in Kokkinakis eventually held that the impugned legislation unjustifiably violated Article 9 due to its overly broad scope, it preliminarily accepted the Greek federal federal government’s argument that such legislation will be justified if limited to “improper proselytism.”260 The Greek government had argued that being a democratic State, it needed to “ensure the calm satisfaction of all of the those residing on its territory. […]