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Archive for the ‘Art. 14 | Anti-Discrimination’ Category

Yesterday Neil Howard and Rebecca Steinfeld asked via guardian.co.uk whether it is Time to ban male circumcision? The article was prompted by attempts to ban the practice in San Francisco. Male circumcision is common amongst Muslims and Jews, but judging from the 286 comments (so far!) to the article, there are a lot of people who feel [...]

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Birmingham City Council v Barker (Equal Pay Act : Other establishments) (Rev 1) [2010] UKEAT 0056_10_0905 (9 May 2011) – Read jugment One of the allegations made about contingency fees is that they encourage lawyers to cut corners because they are not paid by the hour. It is an allegation which has been specifically made [...]

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In a modern liberal democracy we take for granted the fact that laws apply to all individuals and are enforced by the courts without special consideration of religious beliefs they may happen to have. But for a while at least there was a very real danger of the dissolution of the divide between private orthodoxy [...]

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Rahman, R (on the application of Birmingham City Council) [2011] EWHC 944 (Admin) (31st March 2011) – read judgment The Prime Minister recently called upon immigrant communities to integrate more fully in British Society, criticising in particular those who fail to learn English. But three longstanding residents of Birmingham who communicate poorly in English and [...]

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Commission for Equality & Human Rights v Griffin, Lumby, Darby [2011] EWHC 675 (Admin) Read judgment The Commission for Equality & Human Rights has been ordered to pay costs of court proceedings to two members and a former member of the British National Party. Although the decision is a technical one relating only to costs [...]

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The relationship between the expression of religious beliefs and practice and equality law is a fraught one, and particular difficulty has been experienced in the matter of the application of the law outlawing discrimination. Equality law, as currently interpreted, treats the six prohibited grounds of discrimination – age, disability, race, religion, sex (including transgender status) [...]

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R (on the Application of AC) v Bershire West Primary Care Trust [2011] EWCA Civ 247 – Read judgment. The Court of Appeal has dismissed the appeal of a male-to-female transsexual who was refused NHS funding for breast augmentation surgery. The appellant, known as AC, had been diagnosed with gender identity disorder (GID) in 1996. [...]

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Patmalniece (FC) (Appellant) v Secretary of State for Work and Pensions (Respondent) [2011] UKSC 11 – Read judgment / press summary The Supreme Court has ruled that pensioners from other European Union states should not have the right to claim pension credits in the UK. Although the current ban on claiming these benefits is indirectly discriminatory, [...]

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Johns v Derby City Council and Equality and Human Rights Commission (intervening) [2011] EWHC 375 (Admin)- Read judgment Religious views opposing homosexuality are a legitimate fostering concern and the local authority’s approach to this question did not constitute religious discrimination. The claimant husband and wife applied to the defendant local authority to be approved as [...]

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Updated | Association belge des Consommateurs Test-Achats ASBL, Yann van Vugt, Charles Basselier v Conseil des ministres, Case C‑236/09 – Read judgment / press release The Court of Justice of the European Union (CJEU) has ruled that from December 2012,  insurers will be prevented from charging different premiums on the basis of an insured person’s [...]

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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 [...]

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Luton Borough Council & Nottingham City Council & Ors, R (on the application of) v Secretary of State for Education [2011] EWHC 217 (Admin) (11 February 2011) – Read judgment The high court has ruled that the coalition government’s cancellation of Labour’s school building program in 6 areas was unlawful. The full background to the [...]

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X v Mid Sussex Citizens Advice Bureau [2011] EWCA Civ 28 – Read judgment The Court of Appeal has ruled that disabled people are not protected by domestic or European legislation against discrimination when they undertake voluntary work. In this decision the specific question was whether volunteers at Citizens Advice Bureaus are protected from disability [...]

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Hall & Anor v Bull & Anor [2011] EW Misc 2 (CC) (04 January 2011) – Read judgment Judge Andrew Rutherford in the Bristol County Court has held that the devout Christian couple who ran their Cornish hotel according to their Christian principles directly discriminate against a homosexual couple in a civil partnership, when they [...]

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Lisboa v. Realpubs Ltd & Ors [2011] UKEAT 0224_10_1101 (11 January 2011) – Read judgment The Employment Appeals Tribunal (EAT) has ruled that a well-known gay pub’s strategy to encourage straight customers led to gay customers being treated less favourably, meaning that the a gay employee was forced to resign. The policies included seating straight [...]

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