The right to clothing in the practice of the European Court of Human Rights

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 4; no. 89; pp. 246 - 250
• Main Author: Fomina, L. O.
• Format: Journal Article
• Language: English
• Published: 12.08.2025
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2025.89.4.36

The article is devoted to the analysis of some aspects of the right to clothing in the case law of the European Court of Human Rights. It is noted that the right to an adequate standard of living, which includes the right to clothing, is not explicitly enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and its Protocols. At the same time, the European Court of Human Rights in its case law has expanded the interpretation of the existing provisions of the Convention in such a way that certain aspects related to clothing can be indirectly protected in the context of other human rights and freedoms, such as the prohibition of torture (Article 3), the right to respect for private and family life (Article 8), freedom of thought, conscience and religion (Article 9), prohibition of discrimination (Article 14), etc. It is noted that in the context of cases involving alleged violations by the State of the rights guaranteed by Article 9 (freedom of thought, conscience and religion) of the 1950 Convention, the ECHR case-law can be conditionally divided into the following categories: wearing religious symbols and articles of clothing by individuals, wearing religious symbols and articles of clothing in the workplace and in educational institutions; wearing religious symbols and articles of clothing by private sector employees. It is stated that the wearing of a religious symbol or article of clothing in public places is an action protected by Article 9 of the 1950 Convention, but this right is not absolute and must be balanced with the legitimate interests of others. Accordingly, the breadth of discretion left to the respondent State depends on the context in which the religious symbol or article of clothing is worn. It is noted that in cases involving the wearing of religious symbols and articles of clothing in the workplace, the European Court of Human Rights holds the position that the State may require employees of public authorities to refrain from wearing conspicuous religious symbols and clothing in order to guarantee the neutrality of public services and equal treatment of all clients. The author describes the case law of the European Court of Human Rights in this area. Relevant conclusions were drawn.