The European Court of Human Rights accepted the Supreme Court’s first request under Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms

On June 25, 2025, the Grand Chamber of the Supreme Court, in the context of case No. 607/15144/20, submitted a request to the European Court of Human Rights (ECtHR) for an advisory opinion in a case concerning the removal of obstacles to the use of residential premises under Articles 6, 8, and 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as provided for by Protocol No. 16 to the Convention.

The dispute concerns the right of a former nun to use a cell in a monastery, where she had been registered with the consent of the Religious Organization as the owner of the residential premises and had lived there for a long time. The claimant indicated that she cannot access the premises due to lock changes and actions by monastery representatives, while she has no alternative housing. The Religious Organization requested that the court recognize that the claimant lost the right to use the premises, citing the termination of her monastic status and canonical norms.

The Supreme Court’s request raises questions regarding the right of a former member of a religious order to reside in a monastery and whether such a dispute should be resolved by national courts.

In its request under Protocol No. 16, the Grand Chamber of the Supreme Court formulated the following questions:

- Whether premises of religious buildings – monasteries (cells) qualify as “home” under Article 8 of the Convention;

- Whether national courts have jurisdiction over disputes concerning the right of a former nun to use monastery premises, which arose from an oral agreement with the monastery, conditioned by its function and her admission as a nun, but was terminated due to her leaving the premises following conflicts and differences of opinion with the leaders of the religious organization.

On September 15, 2025, a five-judge panel of the Grand Chamber of the ECtHR decided to accept the request for consideration. At this stage, the panel considered only the admissibility of the request.

The President of the ECtHR invited the parties at the national level to submit written comments by October 31, 2025.

The advisory opinion will be issued by the Grand Chamber of the ECtHR, composed of 17 judges, formed in accordance with Rule 24 of the Court’s Rules of Procedure.

The Ruling of the Grand Chamber of the Supreme Court of June 25, 2025, in case No. 607/15144/20 – https://reyestr.court.gov.ua/Review/128876517.