In his Conservative Party Conference speech the Prime Minister David Cameron signalled his strong support for the legalisation of gay marriage. He said: Conservatives believe in the ties that bind us; that society is stronger when we make vows to each other and support each other. So I don’t support gay marriage despite being a [...]
Archive for the ‘Art. 12 | Right to Marry / Found Family’ Category
Gay marriage on the way… but not quite yet
Posted in Art. 12 | Right to Marry / Found Family, Art. 8 | Right to Privacy/Family, European, Family, In the news, Margin of Appreciation, tagged Gay marriage on October 10, 2011 | 3 Comments »
Will churches really be sued for not allowing civil partnerships?
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Family, In the news, Religion, tagged civil partnerships, Gay marriage on February 24, 2011 | 7 Comments »
On 17 February the Home Secretary announced that the government was moving ahead with changes to the Civil Partnership Act 2004 which would allow the registration of civil partnerships to take place in religious premises. While welcomed by many, some have voiced concerns that permission will inevitably become coercion. They fear that religious organisations may face [...]
UK scheme to police sham marriages slammed by Human Rights court
Posted in Art. 12 | Right to Marry / Found Family, Art. 8 | Right to Privacy/Family, Art. 9 | Thought/Conscience/Religion, Case comments, Case summaries, European, Family, Immigration/Extradition, In the news on December 16, 2010 | Comments Off
O’Donoghue and Others v. the United Kingdom(application no. 34848/07): The government’s system for preventing sham marriages as an entry ploy for immigrants breached the right to marry and was discriminatory – read judgment. By the time this case was lodged the Certificate of Approval Scheme had been much diluted by a series of amendments, but [...]
European states will not be forced to allow gay marriage
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Case summaries, European, Family, Margin of Appreciation, tagged Gay marriage on November 30, 2010 | 3 Comments »
Schalk and Kopf v. Austria (application no. 30141/04) – Read judgment / press release / press release 2 The European Court of Human Rights has refused permission to appeal in a challenge to the ban on gay marriage in Austria. The effect of the decision is to make the court’s rejection of the same-sex couple’s [...]
Gay marriage rules to be challenged, but courts may say decision is Parliament’s
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Family, In the news, tagged civl partnerships, Gay marriage on November 1, 2010 | Comments Off
Campaigners are seeking to challenge the rules against gay marriages and straight civil partnerships in the UK. If they succeed then this would resolve the somewhat jumbled present position, where gay couples can form civil partnerships – which look almost exactly like marriages but aren’t – whereas straight couples are barred from doing the same. [...]
Little chance of US-style gay marriage ruling here
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Family, In the news, International, tagged Gay marriage on August 5, 2010 | Comments Off
A Federal court in California has struck down a ban on gay marriage in the state, marking the first step on a path to a United States Supreme Court decision on the issue. A similar decision is unlikely here, however, given a recent European Court of Human Rights ruling on gay marriage. Ultimately, only Parliament [...]
Has the time come for gay marriage in the UK?
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Family, In the news, tagged gay rights, human rights on July 21, 2010 | Comments Off
The deputy leader of the Liberal Democrats has said that gay couples are likely to gain full rights to marriage under the current Parliament. This would represent a revolution for gay rights, but there is still a long way to go before same-sex couples achieve full rights to marriage as they are arguably entitled to [...]
A good and bad week for gay rights
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, In the news, Margin of Appreciation, tagged gay rights, human rights on July 9, 2010 | Comments Off
In two recent but separate developments, homosexuals fleeing persecution have been granted a lower threshold for refugee status and the Strasbourg Court has rejected a complaint by a same sex couple that Austria was in violation of the Convention for not granting them the right to marry. We posted earlier on the case of HJ [...]
Are civil partnerships compatible with human rights law?
Posted in Art. 12 | Right to Marry / Found Family, Art. 8 | Right to Privacy/Family, Family, tagged Gay marriage on March 17, 2010 | Comments Off
Baroness Deech, the Chair of the Bar Standards Board, has given the second lecture in her series on family law at Gresham College. In this lecture she questions whether the current law of marriage is compatible with human rights law. In particular, homosexual couples cannot legally marry, and hetrosexual couples are disbarred from entering civil partnerships. [...]
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- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
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- Case law
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Othman v Secretary of State for the Home Department [2012] UKSIAC B1 (6 February 2012) February 8, 2012Terrorist suspect Abu Qatada granted bail on strict conditions. However, Secretary of State must show evidence of progress in his deportation in next 3 months then deprivation of liberty will no longer be justifiable.
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- Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 February 1, 2012Investigator Glen Mulcaire loses self-incrimination appeal against order that he should reveal phone hacking clients.
- D and S, R (on the application of) v Manchester City Council [2012] EWHC 17 (Admin) (12 January 2012) January 31, 2012Chalenge by 2 elderly disabled people to £17m adult social care cuts by Manchester City Council fails. Consultation and regard to equality duties adequate.
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012
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Policy to prevent forced marriages “arbitrary and disruptive”, says Court of Appeal
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, Family, Immigration/Extradition, tagged forced marriage on January 4, 2011 | Comments Off
Quila & Ors v Secretary of State for the Home Department & Ors [2010] EWCA Civ 1482 – Read judgment A key part of the government’s strategy to combat forced marriages, preventing people under the age of 21 from entering the country to marry, has been heavily criticised by the Court of Appeal. The decision [...]
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