according to the statements of the mother, the author had disregarded the
conditions pertaining to the exercise of his right of access during one of
T.S.'s visits. The Court again suspended the proceedings on the ground that
the question of validity of said conditions was still under review by the
Court of
2.10 In his reply of 1 November 1989 to the author, the Ombudsman
acknowledged that the parents' freedom of religion must be taken-into
consideration, but that this did not exclude consideration of exceptional
circumstances, especially where the best interests of the child are concerned,
in which case limitations on the exercise of religious freedom could be
imposed during contacts with the child. The Ombudsman reiterated that/ in the
present case, the conditions imposed on the author's right of access should be
deemed to be in the best interest of the son. On the other hand, he conceded
that the author's freedom of religion must also be taken into consideration,
in the se*ise that only "strictly necessary conditions" could be imposed in
this respect. The Ombudsman noticed that the authorities had not found any
reason to deny the author contact with the son on account of his being a
Jehovah's Witness, even though it was known that the daily life of Jehovah's
Witnesses is strongly influenced by their beliefs. Accordingly, the Ombudsman
requested the authorities to define exactly the circumstances under which the
son's visits might take place.
2.11 On 28 February 1990, after consultations -with the author and the mother,
the County Authorities formulated the following conditions:
"The right of access shall continue only on condition that the son,
during visits to his father, will not be taught the faith of Jehovah's
Witnesses. This means that the father will agree not to bring up the
subject of Jehovah's Witnesses faith in the company of the child, nor
start conversations about this subject. Moreover, the father will agree
not to play tapes, show films or read literature about the faith of
Jehovah's Witnesses, nor to read the Bible or say prayers in conformity
with this faith in the presence of the child.
"Another condition of the continued right of access is that the son
will not participate in Jehovah's Witnesses' rallies, gatherings,
meetings, missions or similar activities. The expression 'or similar
activities' means that the son will not be allowed to participate in any
other social gatherings ... where texts from the Bible are read aloud or
interpreted, where prayers are said in conformity with the faith of
Jehovah's Witnesses or where literature, films or tapes are presented
about the faith of Jehovah's Witnesses".
2.12 On 1 March 1990, the author appealed to the Department of Private Law
(the former Directorate of Family Affairs), arguing that he and his son were
experiencing continuous persecution and that his rights to freedom of religion
and thought had been violated. He submitted another complaint to the
Parliament airy Ombudsman against the decision of the County Authorities. By
decision of 10 May 1990, the Department of Private Law upheld the County
Authorities' decision of 13 December 1988, as defined on 28 February 1990. it
stated, inter alia, that the conditions imposed on the author's right of
access were not excessive having regard to his freedom of religion.
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