Brett G. Scharffs on the Evolution of His Thinking About Refah Partisi v. Turkey

In Refah Partisi (the Welfare Party) and Others v. Turkey, the European Court of Human Rights sided with the Turkish Constitutional Court, which had ordered the dissolution of the party based on its being a threat to secular constitutional order. Brett G. Scharffs (International Center for Law and Religion Studies) explains why and how his and his students’ opinions about the Refah Partisi case have changed over the years and why he no longer considers the Court’s decision to be an overreaction.

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The EUCJ Ruling in Katholische Schwangerschaftsberatung v. JB and Its Impact on Ecclesiastical Labor Law in Germany

Judith Hahn is Professor of Canon Law at the University of Bonn and McDonald Distinguished Senior Fellow at the Center for the Study of Law and Religion at Emory University.

On 17 March 2026, the European Court of Justice (CJEU) issued a judgment regarding Catholic institutions in Germany and their employment relationships, in Katholische Schwangerschaftsberatung v. JB. The ruling established that a Catholic employer, in this case a pregnancy counseling office at Caritas, cannot terminate a contract of employment solely on the basis of the employee’s leaving the Catholic Church. The Court determined that such a dismissal constitutes unequal treatment, unless the employee’s church membership is a genuine, legitimate, and necessary requirement for the specific occupation. While acknowledging the right of churches to self-determination in employment matters, the CJEU determined the dismissal to be unlawful, as the employer did not generally require staff to be Catholic and had employed non-Catholics in similar roles.

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Strengthening the Interpretation and Implementation of UN Resolution 55/17, Human Rights and a Culture of Peace

Brett G. Scharffs is director of the International Center for Law and Religion Studies and Rex E. Lee Chair and Professor of Law at the J. Reuben Clark Law School, Brigham Young University. The following is a lightly edited version of his remarks given during a panel discussion on Human Rights Council Resolution 55/17, Human Rights and a Culture of Peace, during the 61st Session of the UN Human Rights Council, 4 March 2026, at the Assembly Hall, Palais de Nations, Geneva, Switzerland.

I would like to join others in thanking the High Commissioner for Human Rights for organizing this panel discussion on Human Rights Council Resolution 55/17, Human Rights and a Culture of Peace, adopted two years ago, on 4 April 2024.

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