Diversità religiosa, neutralità dello Stato e democrazia. Commento a margine di: Corte europea dei diritti umani, Centre of Societies for Krishna Consciousness in Russia and Frolov v. Russia.

This article analyzes a recent ruling delivered by the ECtHR on the issue of collective religious freedom and freedom of peaceful assembly. The first applicants are members of the Krishna tradition, whose beliefs have been stigmatized by regional authorities through the use of hostile speech and derogatory language in ‘anti cult’ publications. The second applicant has been unlawfully refused to hold a public religious meeting for promoting Vaishnavism. The Court found that the State, in failing to protect the religious group from derogatory language, as well as in arbitrarily refusing to allow a peaceful meeting to be held, has overstepped its margin of appreciation and violated the principle of neutrality. The comment focuses upon States’ narratives on security concerns about ‘sects’, which are frequently employed to support a selective cooperation with traditional confessions. Then, it seeks to explore if the Strasbourg Court could make use of international legal standard on hostile speech to a greater extent, in order to forward religious tolerance and non- discrimination, both essential features of a democratic society.