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) [...]
Archive for the ‘Religion’ Category
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 [...]
No religion in court please
Posted in Art. 9 | Thought/Conscience/Religion, Case comments, Religion, tagged Dajid Singh Shergill, feature, Hardeep Singh, Jeet Singh on January 31, 2011 | 4 Comments »
Shergill v Purewal & Anor [2010] EWHC 3610 (QB) (15 December 2010) - Read judgment In the commotion surrounding the Christian hotel gay discrimination case, it is easy to forget that there is a long-standing principle that English courts will not decide matters of religious doctrine. This principle has been in play in a run of recent [...]
A Cornish hotel and the conflict between discrimination law and religious freedom
Posted in Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Art. 9 | Thought/Conscience/Religion, Case summaries, Religion on January 24, 2011 | 7 Comments »
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 [...]
Pastor Terry Jones ban – what about free speech?
Posted in Art. 10 | Freedom of Expression, In the news, International, Religion, tagged koran burning, pastor Terry Jones on January 20, 2011 | 3 Comments »
Terry Jones, an American pastor who threatened to burn Korans on the 9th anniversary of the 9/11 attacks, has been banned from entering the UK “for the public good”. He has told BBC Radio 5 live that he would challenge the “unfair” decision as his visit could have been “beneficial”. But, as I posted last [...]
Faith courts would do more harm than good
Posted in Art. 9 | Thought/Conscience/Religion, In the news, Judges and Juries, Religion, tagged faith courts on November 5, 2010 |
In a new article, Afua Hirsch discusses the difficult question of the place of religion in our courts, in light of comments made by a judge sentencing Roshonara Choudhry, a radicalised Muslim woman, for the murder of a Christian man. The writer compares this case to Lord Carey’s recent appeal in a same-sex counselling case [...]
The Pope’s visit and human rights
Posted in Art. 9 | Thought/Conscience/Religion, Children, In the news, Religion, tagged Pope, Pope Benedict, Pope's visit on September 16, 2010 |
The Pope begins a four-day visit to the UK today, the first official trip by a serving Pope for 28 years. The visit has already been controversial, and it raises some interesting questions from a human rights angle. The leader of the Catholic church has spoken out recently on UK equality laws, complaining that they [...]
Catholic Care gay adoption rejection boosts equality protection
Posted in Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Art. 9 | Thought/Conscience/Religion, Case comments, Children, Religion, tagged Catholic Care, human rights on August 19, 2010 |
The Charity Commission has rejected a bid by a Catholic organisation to amend its charitable objects in order to restrict its adoption services to heterosexuals. The case highlights the significant protections which have been put in place by recent equality law, and the policing role which the Charity Commission is required to play from a [...]
Sexual orientation, religion and the courts’ increasingly difficult role
Posted in Art. 9 | Thought/Conscience/Religion, Case summaries, In the news, Religion, tagged HJ Iran, human rights, Religion on July 14, 2010 |
The courts’ relationship with religious principles is rarely out of the spotlight, and recent decisions have provided more fuel for this debate. Aidan O’Neill QC, writing on the UK Supreme Court Blog, provides an interesting discussion of last week’s Supreme Court decision in HJ (Iran) in the context of a series of controversial United States [...]
Polish religious education breached freedom of conscience rights of pupil
Posted in Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Case comments, Children, Education, Margin of Appreciation, Protocol 2 Art. 1 | Right to education, Religion, tagged human rights, Poland, religious freedom on June 24, 2010 |
Grzelak v. Poland (no. 7710/02) – read judgment The European Court of Human Rights has found that A Polish boy who refused to attend religious instruction classes for reasons of personal conviction had been discriminated against human rights because of a policy of reflecting that non-attendance in school reports. The applicant Mateus Grzelak had been [...]
Are the courts doing enough to protect religious freedom? [updated]
Posted in Art. 9 | Thought/Conscience/Religion, In the news, Religion, tagged Gary McFarlane, Hardeep Singh, human rights, Religion on June 14, 2010 |
A number of recent cases have ignited an interesting debate on the place of religion in the UK court system, and whether the courts are doing enough to ensure religious freedom as they are obligated to do under Article 9 of the European Convention on Human Rights. The most notorious example has been McFarlane v Relate [...]
Hardeep Singh libel case reignites debate on place of religion in the English courts
Posted in Art. 10 | Freedom of Expression, Art. 14 | Anti-Discrimination, Case comments, Defamation / Libel, Religion, tagged Hardeep Singh, human rights, Libel, religious discrimination on June 8, 2010 |
HH Sant Baba Jeet Singh Ji Maharaj v Eastern Media Group & Anor [2010] EWHC 1294 (QB) (17 May 2010) – Read judgment The High Court has effectively thrown out a libel action against a journalist who claimed in an article that a Sikh holy man was a “cult leader”. The judge’s reasoning was that [...]
GMC to announce policy of striking off doctors who prolong the lives of terminally ill patients against their wishes [updated]
Posted in 1COR, Art. 2 | Right to life, Art. 8 | Right to Privacy/Family, Blog news, In the news, Medical, Mental Health, Personal Injury, Religion on May 20, 2010 |
If a terminally ill patient has made a “living will”, specifying in advance that they do not want to be resuscitated, doctors must respect these wishes or risk being struck off. The General Medical Council is to announce this guidance in response to the Mental Capacity Act 2005 which gives “living wills” legal status. Doctors [...]
Religious versus other freedoms: the future of Article 9?
Posted in Art. 9 | Thought/Conscience/Religion, Case comments, Employment, Features, Religion, tagged human rights, Lord Carey, Mcfarlane, relgious freedom, Religion on May 10, 2010 |
McFarlane v Relate Avon Ltd [2010] EWCA Civ B1 (29 April 2010) – Read judgment or our previous post Case comment Lord Carey of Clifton, responding to Lord Justice Laws’ observations in MacFarlane, has called this latest dust-up about religion in the courts a “deeply unedifying clash of rights“. It is indeed a clash of [...]
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Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
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- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
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UKHRB on Twitter
- Weekend catchup from Wessen Jazrawi- prisoner voting, Bratza's replacement and peaceful protest- human rights roundup ukhumanrightsblog.com/2012/05/27/pri… 3 hours ago
- #Prisonervotes is generating some strong and contrasting opinions- see Aitken v David and Straw: guardian.co.uk/commentisfree/… telegraph.co.uk/news/uknews/la… 2 days ago
- Fresh on the blog by Reuven Ziegler: the case for letting prisoners vote ukhumanrightsblog.com/2012/05/24/the… 2 days ago
- New from @rosalindenglish- police denied TV footage of Dale Farm evictions ukhumanrightsblog.com/2012/05/24/pol… 3 days ago
- Prisoner votes ruling continuing to have political repercussions guardian.co.uk/law/2012/may/2… #prisonervotes 3 days ago
- SC: for Art 6 compliance, cts can, in exceptional circumstances, extend period for filing and serving notice of appeal #extradition 3 days ago
Adam Wagner on Twitter
- RT @MsLods: UK: Barrister who called opposing lawyers "slimebags" on twitter struck off. telegraph.co.uk/news/uknews/la… (ping @journlaw) 24 minutes ago
- Is David Mitchell being serious or not? Human rights … or just an excuse for Strasbourg to tell Britain what to do? gu.com/p/37pfb/tw 2 hours ago
- Prisoner voting, Bratza's replacement and peaceful protest > this week's UK #humanrights roundup just posted wp.me/pJiO3-3Fb 2 hours ago
- It's here! @charonqc tells it as it is > UK Blawg Review #10 – Part 1 j.mp/JG8V4Y 6 hours ago
- Oh! Extraordinary goings on at Charles Taylor's war crimes trial... > More on the Removal of Judge Sow j.mp/LnNQH1 2 days ago
- RT @koldo_casla: One of the best pieces I´ve ever read on the case for letting prisoners vote - Reuven Ziegler wp.me/pJiO3-3F7 via ... 2 days ago
- Recent posts
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
- Police denied TV footage of Dale Farm evictions May 24, 2012 Rosalind English
- Time extended for appeals under Extradition Act May 23, 2012 Rosalind English
- Why no public appointment hearings for UK’s new European Court of Human Rights judge? May 23, 2012 Adam Wagner
- Don’t rely on human rights in a dismissal claim May 22, 2012 Martin Downs
- European Court of Human Rights retreats but doesn’t surrender on prisoner votes May 22, 2012 Adam Wagner
- Pssst… no secret hearings in naturalisation cases May 22, 2012 Isabel McArdle
Disclaimer
Analysis: the place of religion in foster care decisions
Posted in Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Case comments, Case summaries, Children, Religion on March 2, 2011 | 5 Comments »
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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