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HUMAN RIGHTS
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abortion (late) for disabled babies ruled as not discriminatory as unborn foetus not legally a person (case) - 2022, 188, 93
adverts for a Christian festival, removed from buses after complaints about founders religious views; council failed to try to balance conflicting rights - 2021, 187, 134
academic lawyers, their role in development of -
1968, 20, 89
admission to school, who is a Jew? - 2010, 164, 95; racial discrimination - 2014, 173, 113
adoption agency only recruiting evangelical staff & carers is lawful but can't exclude same-sex couples (case) - 2020, 185, 196
advertisement including Biblical texts against sodomy is lawful (overturning
Advertising Standards ruling) (case) - 2011, 167, 110
Afghan illegal immigrant working like an imam can be deported despite Article 9 rights of congregation (case) - 2016, 177, 215
agenda for Town Council meeting shouldn't have prayers on it under Local Gov. Act 1972 but Localism Act may now supercede this - 2012, 168, 132
Anglican Establishment changes: discrimination against Catholics & others (and equality) not completely addressed - 2014, 172, 10
anti-religious media representation, particularly of Islam, can lead to alienation & human rights abuses - 2020, 184, 37
anti-Semitism is a 'philosophical belief' but is not protected as is not worthy of respect (case) - 2013, 171, 104
arbitration by religious courts must uphold right to a fair trial
- 2010, 164, 27
assisted suicide, common law defence of necessity & of Strasbourg jurisprudence, court argues blanket ban is not disproportionate (case) - 2013, 171, 116
assisted suicide, DPP should provide clarity on likelihood of prosecution (case) - 2013, 171, 116
assisted suicide, locked-in syndrome patients wanting clarification of law, failed as parliament must change law, not courts (case) - 2012, 169, 285; ban within UK parliament's margin of appreciation & DPP right to look at cases individually (SC) - 2014, 173, 232
assisted suicide: 'locked in' patient argues GMC guidance too restrictive; case dismissed as law there to protect vulnerable patients (case) - 2015, 175, 286
assisted suicide: motor neurone sufferer claims Article 8 rights infringed, case dismissed, parliament has balanced risks to all (case) - 2018, 181, 249
assisted suicide: Purdy case, where DPP required to publish guidance
about when they will prosecute (cases) - 2009, 162, 94 (not required);
2009, 163, 194 (required)
asylum applications, issues related to - 1998, 138/139, 80
asylum seekers persecuted for not supporting Mugabe, right not to lie to avoid problems upheld, freedom not to hold views protected (case) - 2012, 169, 288
Augustine on difference between a Kingdom & a band of robbers; how internal justice can leave outsiders exploited c.f. slavery, Nazis - 2020, 184, 7; 2020, 185, 140
Austrian opposite sex couple denied civil partnership had no rights violated (ECHR), situation in UK may be different (Ed.) - 2018,180, 137
autonomy to refuse treatment as an absolute right, consequences of
- 1999, 140/141, 43
beauty consultant with own company can't claim discrimination employment rights from another company that withdrew her authorisation (case) - 2015, 174, 147
'belief' in charity law: Humanist proposals for definition - 2021, 187, 121
belief that sex is immutable is not a protected belief for Equality Act (Forstater case) - 2020, 184, 108; overturned on appeal, direct discrimination upheld & advice given to lower court on 'philosophical beliefs' - 2022, 189, 205
bell ringer subject to restrictions due to inappropriate behaviour could not be eligible for judicial review & human rights not breached (case) - 2016, 177, 225
blasphemy incompatible with EU law? - 2008, 161, 88
bodies and ashes, human rights and religious views with regard to treatment of; religious beliefs overidden for autopsies - 2014, 173, 145
Buddhism: human rights and duties - 2010, 164, 3
buffer zones around abortion clinics voted through; by-laws with fines for expressing opinions; possibility of Article 9 challenge to these - 2022, 189, 169
bus adverts for a religious event; removal of these breached Article 10 & 14 rights (case) - 2021, 187, 176 & 134
businesses must file VAT returns online apart from exemption for religious reasons (not upheld in this case) - 2015, 174, 138
Catholic & Protestant approaches & objections to human rights, exemplified by Finnis and Wolterstorff amongst others - 2017, 179, 135
Catholic wanting five weeks off work to attend religious festivals each summer not covered by discrimination law as not intimately linked to belief (case) - 2016, 176, 87; appeal dismissed - 2017, 178, 131
Catholic Church: respect for human rights within the - 2001, 146,
28
Catholic Church's stance on human rights, historical development of
- 2001, 146, 28
Catholic Union of Great Britain commentary on the Bill of Rights announced in the Queen's Speech 2022: rights as fundamental; dangers of introducing new & disputed rights; linked to responsibilities; importance of swift remedy - 2022, 188, 51
changes to ECHR to tighten admissibility criteria and tackle case backlog - 2012, 168, 94
Charity Commission: article 9 and 14 issues when deciding whether to register a religious charity; are limits clear in guidance? - 2017, 178, 57
charity law, freedom of expression in: are non-religious & political charities under stricter rules than religious ones? - 2020, 185, 155
child from illegal polygamous marriage in Nepal, refused entry to join father in UK, court aims to discourage such marriages & promote gender equality (case) - 2012, 169, 291
child indoctrinated by Jehovah's Witness mother removed from estranged parents due to emotional harm (case) - 2015, 175, 281
child's rights should be examined separately to parent's - minority view in rights case (ECHR) - 2021, 186, 73
Chinese daughter of Evangelical Paster and family not judged to be at harm if returned to China (appeal dismissed) - 2014, 172, 98
Christian assessor dismissed for refusing to use preferred pronouns with transgender clients; upheld as against Equality Law to misgender (case) - 2019, 183, 232
Christian belief in dignity of human person leads to action against slavery - 2019, 179, 115
Christian concerns over human rights: rights v. responsibilities,
communities v. individualism, governments v. individuals - 2005, 154,
6
Christian hotelier can't refuse same-sex couple a double room (case)
- 2013, 170, 109; upheld on appeal - 2013, 171, 106
Christian ideas in path to universal human rights - 2016, 176, 59
Christian radio banned from advertising for data on marginalisation of Christians in the workplace as was political (case) - 2012, 169, 279; appeal dismissed - 2014, 172, 90
Christian responsibility to uphold human rights - 2005, 154, 6
Christian views for and against modern human rights law: problems of aggressive individualism - 2013, 170, 19
Christianity as basis of human dignity in Western Culture - 2012, 169, 172
Christians can't refuse double room in hotel to gay civil partners; direct & indirect discrimination - 2011, 166, 80; appeal dismissed - 2012, 168, 117; divided over whether direct / indirect discrimination but appeal again dismissed - 2014, 172, 79; 2014, 173, 113
Church employment law: less discretion for churches than US but more rights for workers - 2011, 166, 37
Church of England Clergy: civil partnerships not intrinsically incompatible with Holy Orders but same sex marriages are - 2018, 181, 171
Church of England ministers: employment status and extent to which protected by law; effect of Equality Act 2010 - 2018, 181, 171
churches in UK can only choose religious affiliation of ministers & closely related posts, for others equality laws apply - 2011, 166, 37
circumcision for Muslim boy opposed by carer & L.A. but wanted by parents; welfare judged important & decision deferred till child can choose (case) - 2021, 187, 182
circumcision in modern European society: balancing autonomy of child & that of religious groups; provisions in ECHR - 2021, 186, 20
circumcision: rights of child, parental rights & responsibilities, BMA guidelines on best interest, Gillick competence, case law - 2021, 186, 20
circumcision's significance to Jews & Muslims; banning may cause social unrest / anti-religious hatred - 2021, 186, 20
Civil Partnership registration, imposing of on registrar, doesn't
violate Christian rights (case) - 2009, 163, 142
Civil Partnerships not being allowed to different sex couples is discriminatory (case) - 2018, 181, 255
clashes of rights between religious workplaces & non-religious
prospective employees - 2002, 148, 4
Colston statue toppling, Attorney General wanted clarification on criminal damage during a protest; ECHR does not sanction damage /case can be withdrawn from jury if not reasonable (case) - 2023, 190, 88
company can have human rights to the extent it is the 'alter ego' of a person (case) - 2015, 174, 138
Commission on a Bill of Rights: call for reform of ECtHR - 2013, 170, 96
confession in the Church of England, whether human rights law would support secrecy under freedom of religion - 2022, 189, 126
conjoined twins case: balancing conflicting interests of two children
- 2001, 146, 38
conjoined twins case: can they lawfully be separated when one must
be killed? - 2001, 146, 38
conscientious objection to weapons training, Navy medical assistant lawfully convicted of disobeying command (case) - 2012, 168, 127
contract lost for actress due to publication of her views on Bible being against homosexuality; beliefs protected but no loss as no longer wanted that job (case) - 2021, 186, 87
coronavirus laws that restrict religious practice, is this against human rights & are guidelines that are taken as laws lacking due scrutiny? - 2020, 184, 3
coronavirus restrictions UK: judicial reviews refused except for Article 9 issues with Catholic church restrictions, possibly academic (case) - 2020, 185, 107 & 188; further hearing ruled Article 9 point was academic - 2022, 188, 95
coronavirus restrictions UK: Muslim challenge to closure of places of worship; judicial review allowed (case) - 2020, 185, 107 & 200
coroner's policy violates rights; cannot exclude religious reasons (Jewish / Muslim) for expedition of decisions (case) - 2018, 180, 131
courts martial: are Royal Navy & RAF tribunals independent &
impartial? - 2004, 153, 184
Covid 19 restrictions: legal challenges by faith groups; case law; judicial review permission given; UK timeline - 2021, 187, 96
covid vaccination objections due to Biblical beliefs; claim that Royal Mail manager's dismissal was direct religious discrimination unlikely to succeed but case not struck out (case) - 2023, 191, 199
covid vaccine, Catholic nurse dismissed for refusing to have this due to fetal origins; ruling that this should come under the protected characteristic of religious faith (case) - 2022, 189, 202; 2023, 190, 101
culture of rights in Christian thinking - 2000, 144, 2
damages awarded against newspaper that published sexual photos due
to claimants right to privacy (case) - 2009, 162, 93
death: legal perspectives in determining - 1976, 50, 10
Declaration on Religious Freedom, the nature of rights in the - 1981,
70/71, 71
defendant must remove niqab in criminal trial at Crown Court while giving evidence so visible to judge, jury & counsel (case) - 2013, 171, 107
definition and scope of - 1974, 45, 131
detention, use of, for asylum seekers - 1998, 138/139, 80
detention in Northern Ireland and Republic of South Africa - 1972,
34, 5
development of British law on Equality and human rights - 2014, 173, 113
development of human rights theory: freedom of religion as first step then common values without reference to God - 2014, 173, 129
development of right to vote, to liberty and to human rights in the
UK - 2008, 161, 75
Diocesan Bishop is a qualifications body when gives / revokes licences to officiate so Equality Act engaged for discrimination claims (case) - 2016, 176, 86
direct & indirect discrimination in employment: overview of current law on - 2017, 179, 187
direct & indirect discrimination in employment cases - 1998, 138/139,
105
direct discrimination: elasticity of concept, Supreme Court ruling protected characteristic must be in complainant, not the discriminator - 2018, 181, 156
discrimination, disability and religious: UK case law; comparison and reflections - 2022, 188, 6
discrimination (indirect): religious & disability (reasonable accommodation) in employment cases; are all protected characteristics equal? - 2022, 188, 6
discrimination law: importance of correct comparators and correct notions of indissociability & associative factors - 2018, 181, 156
discrimination law shouldn't compel religions to act against beliefs when providing goods / services without justification; details matter in case law - 2018, 181, 156
dismissal of worker due to philosophical belief in English Nationalism was not protected as incompatible with other rights - 2017, 179, 245
Do Not Resuscitate orders (DNACPR): controversy about overuse during covid pandemic particularly for learning disabled, ECHR ruled there is right to be consulted - 2021, 186, 44
doctors have a right not to participate directly in abortion & fertility treatment but for other things must negotiate (no legal rights) - 2011, 166, 28
E.C. trade agreements, use & enforcement of human rights &
democracy clauses in - 1995, 126/127, 105
ECtHR, government commission addressing problems with - 2011, 167, 80
edging of father's grave (for religious reasons), council justified in forbidding Muslim to do this as policy was consulted on, mounding was allowed and safety was considered (case) - 2019, 182, 93
employment case left open the extent to which political beliefs were protected by Equality Act (case) - 2015, 174, 139
employment law moving to reasonable accommodation of religious beliefs rather than employee having to quit - 2015, 174, 77
employment tribunal considers that if discrimination due to 'caste' has aspects relating to 'ethnic origins' then could be covered by Equality Act (case) - 2015, 174, 129
Equality Act 2010: characteristics of sex, marriage & sexual orientation have specific provisions for religions; discussion of principles and case law - 2018, 181, 171
Equality Act (Sexual Orientation) Regulations, consumer rights as
higher priority than religious rights - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, departure from the
religious tolerance shown in previous anti-discrimination legislation
- 2007, 158, 64
Equality Act (Sexual Orientation) Regulations, homosexuality as an
identity & legal right (regarding adoption) - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, homosexuality as higher
freedom than religion - 2007, 159, 114
Equality Act (Sexual Orientation) Regulations, Joint Committee on
Human rights too ready to limit religious freedom - 2007, 158, 64
Equality Act 2010: public sector discrimination and specific duties - 2011, 167, 80
Equality and Human Rights Commission (EHRC) and Northern Irish Counterpart (ECNI) seem to favour gay rights over religious ones - 2018, 181, 156
Equality and Human Rights Commission (EHRC): direct interventions and third party litigation - 2014, 173, 113
Equality and Human Rights Commission (EHRC) consultation on religion & belief cases for ECtHR (2011) - 2014, 173, 113
equality before the law - 2008, 161, 75
Equality Bill and discrimination, concerns that exceptions for religion
or belief don't give enough protection - 2009, 163, 166
ethnic group, characteristics of an - 1998, 138/139, 105
EU human rights are individualistic, UN ones involve more collective
responsibility - 2004, 153, 159
European case law relating to Muslim dress in public places & Begum case - 2012, 169, 224
evangelical Christian dismissed for behaviour towards lesbian colleague suffered direct religious discrimination & indirect discrimination; dismissal disproportionate (case) - 2015, 175, 278
evangelical minister lost school caretaker job for tweeting against Pride march; indirect discrimination claim upheld (case) - 2022, 189, 208
Eweida and Article 9: fair balance of rights, nuanced approach to belief & need for employer to be reasonable (not always resignation) - 2013, 171, 70
exceptions and provisions in English law for religious groups and
individuals - 2010, 164, 27
exhumation of cremated remains due to a churchyard regulation dispute not allowed, Christian burial permanent, dead have no rights (case) - 2011, 167, 118
exhumation of priest and reburial, Order's application upheld, relative's
not, as family life cannot subsist after death (case) - 2012, 168,
139
foster carers, ruled reasonable to refuse those who disapprove of homosexuality (case) - 2011, 166, 92; 2014, 173, 113
freedom of expression vs provocation to violence; is there a right to offend the religious? c.f. Charlie Hebdo etc - 2020, 184, 37
freedom of religion: does this extend to offending religious? - 2020, 184, 37
freedom of religion: upholding by the ECHR - 2003, 151, 137
freedom of religion case law: overview of different court decisions - 2018, 181, 156
freedom of speech: censoring Party Election Broadcasts (cf ProLife
Alliance) - 2003, 150, 83
freemasonry not a religion; justified exclusion of claimant from Hillsbrough Inquiry (case) - 2015, 175, 268
gender reassigned persons excluded from the obligation of clergy to marry residents, special provision in Equality & Marriage law - 2015, 174, 96
Genocide Determination Bill - second reading in Lords - 2022, 189, 169
group disadvantage (assessment of) in religious discrimination cases (Reg. 3(b)(iii)), incompatible with Article 9 when ECHR engaged - 2015, 174, 77
guidance given to lower employment tribunals on applying the 5th 'Grainger' test for beliefs to be protected (case) - 2022, 189, 205
Guidance (Prevent Duty) on stopping extremism on campuses, is free
speech maintained?; rights of Muslim named in document not breached
(case) - 2017, 179, 226
hairstyle, ethnic cornrows, school preventing boy taking up place for this is indirect racial discrimination (case) - 2011, 167, 107
Henderson case: assumed Marxism is protected philosophical belief, debated status of left wing democratic socialism; appears to protect membership of political association - 2015, 175, 180
historical developments in the recognition of human rights - 2001,
146, 28
holocaust denier posting songs offensive to Jews online breached Communication Act 2003; offensive speech not permitted by Article 10 (case) - 2019, 182, 91
human & civic rights education (in context of Africa) - 1997,
132/133, 49
human dignity: what does it mean & where does it come from?; intrinsic v. attributed; discussion of views - 2022, 189, 110
human dignity as fundamental to human rights in key international texts eg ECHR; underpins laws such as abolition of capital punishment in South Africa, banning of extradition to states with death penalty in Canada etc - 2022, 189, 110
human dignity underlies diverse international laws / obligations and is a bridging concept when little else agreed upon - 2022, 189, 110
human rights: stopping ethical relativism? - 2006, 156, 53
human rights: values for a Godless age? - 2001, 146, 28
human rights as fundamental (in Catholic thought) and rooted in the dignity of human nature; new rights, not universally accepted, can promote ideology over truth - 2022, 188, 51
human rights in an age of moral subjectivity - 2006, 157, 39
human rights theory as a response to religious disagreements, the identification of common values & for holding governments to account - 2014, 173, 129
humanism is protected as philosophical belief, but employee hadn't raised her beliefs so no direct discrimination (case) - 2012, 169, 293
humanists can't win discrimination case that their marriage ceremonies are unrecognised as government already reviewing this with wider reforms (case) - 2020, 185, 198
Humanists UK's application for Judicial review against the Catholic Education Service for prioritising Catholic teachers, refused on many grounds - 2019, 182, 49
'humanitarian intervention' to protect citizens of another state -
2005, 154, 35
Hume's moral scepticism and the foundations of human rights - 2006,
157, 39
importing Class A drugs for religious purposes; rights not breached by a ban (case) - 2017, 179, 225
indirect discrimination: employment cases in English, Australian &
European law - 1995, 126/127, 83
indirect discrimination against job applicants - 1998, 136/137, 63
International Charters of human rights: a common, generally secular,
values basis - 2004, 153, 159
international conventions and declarations that protect sacred places & freedom of religion e.g. ICCPR, ECHR - 2011, 167, 27
international legal obligations, rise of - 2005, 154, 6
international organisations, trend for religious freedom to be protected,
not as good in itself, but to prevent wider tensions - 2007, 158,
30
international protection of human rights - 2005, 154, 6
internationalisation of - 1989, 100/101, 5
irish inscription shouldn't be used on Church of England headstone without translation (case) - 2020, 185, 203; judgment thrown out on appeal as directly discriminatory on grounds of race - 2021, 186, 80
Islamic international law: Quran often contradictory on jihad as aggressive or defensive / benign - 2014, 173, 173
Islamic school that segregates sexes but otherwise treats equally does not discriminate under Equality Act 2010 (case) - 2017, 178, 134
Islamic state school completely segregrating boys and girls breaches Equality Act (case) - 2017, 179, 228
Jehovah's Witness adult lacking capacity to consent to blood transfusion; court rules doctors can give without disproportionate effect on rights (case) - 2019, 183, 238
Jehovah's Witness elders must release documents concerning child abuse investigation, can't rely on confidentiality (case) - 2020, 184, 104
Jewish campaigner not unlawfully harrassed by Union criticism of Israel - they have freedom of expression (case) - 2013, 171, 110
Jewish (Ultra Orthodox) children needing suitable respite care; one boy's rights breached, other not (case) - 2021, 186, 60
Jewish housing association can lawfully discriminate against non-Jews, otherwise charitable objectives undermined (case) - 2019, 182, 94; appeal by non-Jew dismissed (CA) - 2019, 183, 248; appeal again dismissed (SC) - 2020, 185, 201
Jewish law against invasive autopsy in conflict with coroner's obligations; freedom of religion engaged so do non-invasive first (case) - 2015, 175, 290
Judaeo-Christian influences on the development of - 1989, 100/101,
5
justice and human rights require talking about 'the good' and the right way to value things - 2014, 173, 129
late husband's sperm can be stored for over ten years as court convinced he would have obtained paperwork had he known of it (case) - 2014, 172, 105
law and order, maintenance of, in Israel, Northern Ireland and South
Africa - 1984, 80/81, 32
learning disabilities; brief review of discrimination, negligence and lack of attention given to people with - 2019, 182, 3
learning disabled adults deprived of liberty by their care breaches Article 5 (case) - 2014, 173, 109
legal pluralism: allowing freedom to choose against some human rights?
- 2010, 165, 124
legal pluralism in UK: human rights challenges & necessary safeguards
- 2010, 165, 124
Locke and Grotius on the necessity of God or not for universal human rights - 2014, 173, 129
Locke's theory of natural rights & WWII experiences make human rights a way to hold governments to account - 2014, 173, 129
Lockwood O'Donovan & Ignatieff on problems with human rights theory that lead to conflicting demands rather than communal values - 2014, 173, 129
low caste domestic worker not paid legal wages and suffered racial harrassment / indirect religious discrimination (case) - 2015, 175, 298
MacIntyre, Alisdair: human dignity as acquired rather than intrinsic so can be lost eg Hitler - 2022, 189, 110
MacIntyre (Alisdair)'s lecture questioning concept of human dignity: analysis, critique & what's at stake? - 2022, 189, 110
Magna Carta 1215: influence on UK (Human Rights) law - 2001, 146,
5
Malaysian Catholic's asylum appeal dismissed as husband's conversion to Islam and likely wish to convert and circumcise their son, doesn't infringe her rights (case) - 2013, 171, 124
mandatory & discretionary provision, budgets for providing disability
grants - 1999, 140/141, 77
marriage: everyone subject to immigration control having to apply
to Secretary of State for approval to marry, must not unreasonably
prevent genuine marriages (case) - 2008, 161, 139
marriage found to be void or invalid, human rights law and influence on this (case) - 2018, 181, 229; on appeal, was classed as non-qualifying ceremony so no financial remedy possible - 2020, 184, 102
Marxist/Trotskyite beliefs not protected in employment law; 'philosophical belief' does not encompass political beliefs (case) - 2011, 166, 83
Mba case about religious right not to work on Sundays, analysis of, in light of reasonable accommodation by employer - 2015, 174, 77
mentally incapacitated, human rights of the - 1992, 112/113, 23
miscarriages of justice, cases in Europe - 2001, 147, 114
MMR vaccination: father obtains order for 15 & 11 yr old children to have vaccine against wishes; despite one objecting on vegan grounds, Article 9 rights not considered (case) - 2014, 172, 83
moral rights, the existence of - 1972, 37, 132
moral rights and duties, the nature and extent of the terms - 1972,
35, 60
mother's autonomy / bodily integrity v. foetus' right to life, ethics
of - 1999, 140/141, 43
muslim dress: nursery upheld in not allowing long jilbab for health and safety reasons (case) - 2015, 175, 267
muslim employee not harrassed or discriminated against by a bag security test that used a bag labelled with a muslim phrase (case) - 2022, 189, 188
muslim prisoner should not have to break reasonable voluntary fast to provide drugs test urine (case) - 2011, 167, 100
muslim teaching assistant sacked for her objection to footage of 9/11 attacks being shown was victimised but claim to further detriment due to information being given to authorities, dismissed (case) - 2018, 180, 121
natural law & the foundations of human rights - 2006, 157, 39
nature of & limits of human rights - 2005, 154, 6
non-entrenchment of rights in African countries - 1982, 72/73, 31
not discriminatory to refuse to allow male prisoners to object to rub-down searches by female officers (case) - 2013, 171, 108
nurse (Catholic) disciplined for wearing a cross necklace whilst headscarves and turbans allowed; discrimination upheld (case) - 2022, 188, 90
nurse dismissed for inappropriate proselytising with patients; dismissal upheld, no rights breached (case) - 2017, 179, 243; appeal dismissed as improper proselytism not Article 9 protected - 2019, 182, 87
open-air funeral pyre banned for Hindu doesn't breach rights (case)
- 2009, 163, 182; may not be banned if in suitable structure 2010,
164, 98; 2014, 173, 113
origins & development of the idea of human rights; links to Christianity and the image of God - 2017, 179, 135
origins, development & significance - 2006, 156, 53
pagans trespassing into Stonehenge had ECHR rights but preservation of area was reasonable & protests could have occurred elsewhere; appeal dismissed (case) - 2021, 186, 64
parental access refused, prejudiced by their blog posts against abortion / gay relationships?; human rights not infringed (case) - 2017, 178, 116
parliamentary sovereignty limiting creation of fundamental rights
- 1969, 23, 53
Percy case: bringing discrimination into the question of employment status of clergy; review of case law - 2017, 178, 80
philosophical belief: fear of catching covid doesn't amount to a belief protected by the Equality Act 2010 (case) - 2022, 188, 103
'philosophical belief', meaning of: five criteria from ECHR jurisprudence & Grainger; problems of application to employment law - 2015, 175, 180
Popes' declarations on human rights (various Popes) - 2001, 146, 28
possible British Bill of Rights or ECHR, discussion of and need for Christian input - 2014, 173, 109
preacher (street) arrested but not ultimately convicted; unsuccessful in suing for civil breaches of human rights & false imprisonment (case) - 2022, 188, 92
preachers at shopping centre used offensive language towards other religions & fined; quashed on appeal - freedom of speech (case) - 2017, 179, 246
preventing immigration clearance for marriage when one spouse UK citizen & other under 21, is against rights (case) - 2011, 166, 92; upheld on appeal - 2011, 167, 117
Prince of Wales's marriage: legality of and its implications - 2005,
154, 27
prison service pay scale for Muslim chaplains indirectly discriminatory, but was this proportionate? (case) - 2017, 178, 129
prison worker preaching against homosexuality without permission sacked; rights not infringed (case) - 2017, 179, 250
privacy, the right to, in Roman law & canon law - 1998, 136/137,
39
problems wuth human rights, discussion of: individualism, possessiveness and litigiousness - 2014, 173, 129
protection of religious minority rights in international declarations & conventions (individuals protected, not institutions) - 2011, 167, 27
Public Sector Equality Duty not infringed by City Council boycott of produce from illegal Israeli settlements (case) - 2018. 181, 250
Public Spaces Protection Order used to ban abortion vigils directly outside clinics; ruled proportionate response (case) - 2019, 183, 234
reasonable accommodation in employment law: history of (USA, Canada, Europe) and UK literature review - 2022, 188, 6
reasonable accommodation of religious beliefs & provision of services, case law and discussion; flexible working as one option - 2017, 179, 187
'reasonable adjustment' for disability in the workplace; concept could be extended to indirect religious discrimination cases to treat people differently rather than equally (as in US / Canada) - 2022, 188, 6
'reasonable adjustment' (as used in disability law) to accommodate religious rights in employment law: discussion of pros and cons - 2015, 174, 77
religion & belief issues (2009-14), overview of recent research / discussion / guidance - 2014, 173, 113
religious communities (enclosed): whether ECHR Article 9 & 14 rights may aid gaining charitable status - 2016, 177, 157
religious discrimination: brief overview of legislation on how this has been allowed for employment in religious schools - 2019, 182, 49
religious discrimination, prevention of, desired by religious groups
- 2004, 152, 8
religious discrimination and employment - 2004, 152, 8
religious discrimination in employment - 1998, 138/139, 105
religious freedom: balancing conflicting fundamental rights - 2008,
160, 25
religious freedom & exceptions made to laws to benefit certain religious
groups - 2008, 161, 75
religious freedom in education: Human Rights Act 1998, state & Church
all put parent's rights above state's; diverse schools should be provided
- 2018, 181, 207
religious freedom in international law - 1984, 82/83, 105
religious freedom includes practice as well as belief - 2008, 160,
25
religious hatred, human rights considerations in forming a law on
- 2003, 150, 37
religious objections to invasive autopsy, test case on producing guidelines on how should handle (case) - 2015, 175, 290
religious symbols & dress in schools: European cases illustrating prohibitive & inclusive approaches - 2013, 171, 21
religious views (eg against gay marriage) generally protected in court but increasing use of 'worthy of respect' tests etc already caused gender critical views to be ruled 'incompatible with human dignity' - 2021, 187, 134
reviews of cases showing how far religion can affect employment -
2009, 163, 142
remarried not permitted to take Holy Orders in C. of E. while spouse alive but Archbishop can allow; does discretion make exemption to discriminate in Equality Act legally difficult? - 2018, 181, 171
right to property in International Charters & Conventions (relevant to sacred places) - 2011, 167, 27
roots of human rights in the Bible & theology - 2005, 154, 6
same-sex adoption, claimant suspended from job argues was due to religious views against; court rules was due to not informing about media interviews (case) - 2017, 179, 242; appeal dismissed as judicial oath flouted inter alia - 2019, 183, 242; appeal failed due to limits on public expression of beliefs - 2021, 186, 71
Sartrean concept of freedom and justice - 1990, 106/107, 23
scepticism of human rights: from universal acceptance to varying forms of modern scepticism across the world - 2022, 189, 110
scope and protection of - 1977, 54/55, 94
schizophrenic detained under Mental Health Act, allowed to refuse life-saving amputation due to religious beliefs & desire for independence (case) - 2016, 176, 109
senior worker overstepped boundaries with religious pressure on junior colleague, employer disciplinary action justified (case) - 2015, 175, 299; appeal dismissed, manifestation of belief inappropriate towards subordinate - 2016, 176, 107
Seventh Day Adventist teacher dismissed for criticising homosexuality & Sunday worship, court rules teacher's rights not paramount (case) - 2013, 171, 113
Seventh Day Adventists ruled exempt from online VAT returns due to religious objection to computers - despite not being mandated by Church (case) - 2014, 172, 76
Sex Discrimination Law - brief summary of changes affecting ministers
& religious employers - 2005, 155, 145
sexual relations between mentally disabled individuals - 1990, 104/105,
87
Shechita & Halal slaughter, do Jews & Muslims have the right
to demand this when it involves extra suffering for animals? - 2004,
153, 123
should human rights transcend Islamic or common law or is God required for human rights? - 2014, 173, 173
Sikh academy: decision by Secretary of State to move it to a different trust due to inadequacy was not discriminatory or irrational (case) - 2022, 188, 96
Sikh indirectly discriminated against by hospitality agency's 'no beards' policy (case) - 2020, 184, 107
Sikh police officer can be banned from wearing ritual dagger, proportionate means to legitimate aim (case) - 2012, 169, 264
Sikh pupil's ban on wearing Kara bangle is discrimination (case) -
2008, 161, 141
Sikh refused court entry with kirpan knife of over six inches, rights not compromised due to security concerns and smaller knife being allowed (case) - 2023, 191, 191
slavery: categories of and worldwide examples - 2007, 158, 4
slavery: hypocrisy often found between principle and practice - 2007,
158, 4
slavery: reaons why Catholics didn't officially condemn until very
recently - 2007, 158, 23
'specific situation' employment rule - changes away from freedom to
resign a job being counted as freedom of religion protection - 2013,
171, 70
St Paul's churchyard camp not permitted to remain due to drop in worshipper numbers (case) - 2012, 168, 130
State neutrality between religious and non-religious beliefs mandated by EU law; implications for charity law - 2021, 187, 121
State neutrality in European countries with regard to institutional religious symbols (public policy & case law) - 2013, 171, 21
sterilisation of intellectually under-developed ward - 1987, 94/95,
123
Strasbourg Court on discrimination due to belief; must be a worldview rather than mere opinion but political beliefs should be protected - 2015, 175, 180
student (social work) thrown off course for facebook posts stating Biblical views on homosexuality did not have rights violated (case) - 2018, 180, 134; appeal allowed as University approach disproportionate - 2019, 183, 207 & 245
succession to the throne, do human rights overturn the prohibition
on this for Catholics? - 2005, 154, 27
Sunday working (imposing of) doesn't necessarily violate Christian
rights (case) - 2009, 163, 142
Swansea council policy to cut free transport to faith schools but not to Welsh language ones indirectly discriminates against BME children (case) - 2015, 175, 288
teacher at Orthodox Jewish school sacked for cohabitation; not religious discrimination but was sex discrimination & harrassment (case) - 2019, 182, 85
teacher on probation doesn't have unfettered right to preach Christianity to children & colleagues, dismissal upheld (case) - 2018, 180, 123
teacher who stayed with husband convicted of sexual offences was unfairly & wrongfully dismissed; appeal allowed that was indirect belief discrimination as teacher was Anglican & so committed to marriage (case) - 2016, 177, 222
teaching of, proposals of International Commission of Jurists - 1969,
24, 140
tenant with psychiatric problems facing eviction; Article 8 of ECHR doesn't apply so proportionality can't be considered (case) - 2016, 177, 115
terrorism: house arrest proposal to deal with - 2005, 154, 81
theological and anthropological arguments for prioritising responsibilities over rights - 2014, 173, 129
theology necessary to understand Islamic law, human rights & the modern world as law is by divine command - 2014, 173, 173
theories of human rights: practice-dependent and practice-independent versions; examples and difficulties - 2022, 189, 110
transgender debate: legal changes in Equality Act giving protection to those only 'proposing' to change gender - 2020, 185, 121
transgender male who gives birth must be registered as mother; call for debate (case) - 2019, 183, 247
transgender parent who gave birth is the 'mother' on the birth certificate; no rights violated (case) - 2020, 184, 116
transgender rights: freedom of expression is a right but can't trump offending dignity of others (case law p129-138) - 2020, 185, 121
truth, the role of human rights in securing the protection of - 1967, 17, 112
twins in care: mother prohibited from naming them inappropriately - 2016, 177, 210
understanding human rights concepts & education - 1997, 132/133,
49
Universal Declaration of Human Rights: original Christian influence and recent ethical issues due to lack of clear underpinning values - 2018, 181, 153
universal or culturally bound - 1999, 142/143, 122
VAT regulations & Article 9 give exemptions to online filing on religious / belief grounds; appeal here dismissed as can use phone (case) - 2016, 176, 89; 2016, 177, 217
Vatican Concordats (post-conciliar) see international law as system
for dispute resolution in religious freedom disputes (not just set
of ideological statements) - 2007, 158, 30
Wilberforce, Sharp & other Christians who changed attitudes to slavery
& the law - 2007, 158, 4
witchcraft and paganism: are they religions? - 2011, 167, 54
Wolterstorff: human rights as relational normative social bonds; responsibility as other side of coin - 2014, 173, 129
common law
bill of rights supplementing the - 1983, 76/77, 22
non-discrimination and the principle at - 1970, 28, 109
European Convention on Human Rights
acceptance by Britain of jurisdiction of Court and Commission - 1968,
21, 168
analysis of articles and their equivalents in English law - 1987,
92/93, 59
anti-discrimination legal systems of EU derived law and ECHR jurisprudence: comparing spheres of operation, characteristics protected & justification different - 2015, 174, 77
application in UK courts -1987, 92/93, 59
Article 8 and the right to respect for family life - 1989, 100/101,
71
Article 9: analysis of case law on freedom of thought and what count as 'convictions' in the forum internum - 2013, 171, 52
Article 9: case law to show what counts as an action manifesting a religion or belief (specific-situation rule) - 2013, 171, 52
Article 10 (freedom of expression) normally trumps Article 9 (freedom of thought, conscience & religion); relevant court cases and conflicts - 2020, 185, 121
circumcision in modern European society: provisions in ECHR - 2021, 186, 20
clergy discipline procedures, impact on - 2000, 145, 21
derogation by United Kingdom regarding Northern Ireland - 1969, 24,
106
detaining foreign nationals without trial allowed for suspected terrorists
- 2003, 150, 79
divorce law in Ireland and the Convention - 1985, 84/85, 14
doctor dismissed from advisory position due to writing article disapproving of homosexuality, not protected by Article 9 (case) - 2013, 171, 119
enforcement of European Community rights - 1977, 54/55, 130
enforcing chancel repair liability - incompatible with human rights?
- 2003, 151, 163
European Convention on Human Rights - 1974, 45, 126
European Convention on Human Rights & Biomedicine wrt cloning
- 1999, 140/141, 26
impartial judicial forum to enforce rights - 2001, 146, 5
incorporation into domestic law - 1977, 54/55, 82
incorporation into domestic law, need for - 1985, 86/87, 4
individual right to petition Commission - 1986, 88/89, 2
jurisprudence of the European Court - 1983, 78/79, 112
major defects in observance within EU - 2001, 147, 114
ministers of religion, linking employment status with Article 9 of
European Convention - 2007, 159, 129
not necessary to specifically cite ECHR in national courts for violation
to be upheld - 2003, 151, 137
problems with inclusion in a - 1980, 64/65, 5
Protocol 15: new 'margin of appreciation' added to preamble - 2013, 170, 96
religious discrimination cases moving from 'core component' or group size focus to protecting individual beliefs (Article 9) - 2015, 174, 77
religious discrimination employment cases, effect of European Convention
on UK - 1998, 138/139, 105
rights protected and enforced - 2001, 146, 5
Scottish Ecclesiastical tribunals & the convention - 2004, 153,
128
torture in ECHR: should circumision be covered as well as FGM? - 2021, 186, 20
'victim' only, can bring a matter to court - 2005, 154, 27
ECHR (Cases)
Article 9: analysis of case law on freedom of thought and what count as 'convictions' in the forum internum - 2013, 171, 52
Article 9: case law to show what counts as an action manifesting a religion or belief (specific-situation rule) - 2013, 171, 52
Article 9 and freedom of religion: court cases - 2007, 158, 71/72/74/77/78/80
BNP councillor sacked from driving job judged allowable due to safety risks by UK but Strasbourg ruled should be some protection for beliefs - 2015, 175, 180
bull at Hindu temple: doesn't infringe human rights to kill when has TB - 2007, 159, 155
case law on right to wear religious symbols, development over time - 2013, 171, 52
cases concerning prisoners - 2001, 146, 5
change in emphasis in ECHR case law (since 2005) away from proving
manifestation & interference in beliefs, towards possible justification
for the interference - 2013, 171, 52
chastity ring, wearing of at school not a human right - 2007, 159,
150
Church of Jesus Christ of Latter-Day Saints, having to pay tax on
their premises (not open to public) does not breach human rights
law (case) - 2008, 161, 130; appeal to Strasbourg (ECHR) - 2011, 167, 106
Diane Pretty case: human rights not breached, no legal 'right to die'
- 2003, 150, 51
differing fee liability for immigrants wishing to marry in C. of E. or elsewhere is discrimination - 2011, 166, 90
ECHR doesn't require 'necessity' or weighting of religious beliefs to invoke article 9 so EAT doing this may not be legitimate precedent (case) - 2013, 170, 131; judgment retained on appeal but wrong to say beliefs must be core ones - 2014, 172, 94; 2015, 174, 77
Eweida & Chaplin cases, religious jewellry at work, ECHR decided differently
due to health / safety factors in second case - 2013, 170, 67 & 118
freedom of religion, cases upholding this in the ECHR - 2011, 167, 27
freedom of religion: upholding by the ECHR - 2003, 151, 137
freedom of religion cases, motivation & manifestation in, paradoxical treatment in Eweida, Arrowsmith & Sahin - 2013, 171, 52
freedom of religion in employment case law not violated if able to leave job until Eweida, now must weigh proportionateness - 2013, 171, 52
freedom of speech, what pressing social needs justify limiting this; case law of ECHR - 2020, 184, 37
inheritance tax, sisters living together having to pay this on the
death of one, rights not infringed by being treated differently to
married/civil partners (case) - 2008, 161, 147
Jehovah's Witness complaints of discrimination; 2020 cases heard by ECHR - 2021, 186, 89
registrar & counsellor take Christian employment cases to ECHR - 2011, 167, 111
Ladele & McFarlane cases: ECHR upheld that religious views cannot justify discrimination against homosexual couples - 2013, 170, 67 & 118
Mormon temple not eligible for total exemption from business rates as public not allowed access (ECHR) - 2014, 172, 82
mother discriminated against at work due to son being disabled is
a case of disability discrimination (case) - 2008, 161, 148 (ECJ);
2009, 162, 85 (Tribunal); (associative discrimination UKEAT) 2010,
164, 96
muslim dress: niqab wearing ban at school is licit, there are other
ways to manifest religion - 2007, 158, 72
muslim dress: school can ban niqab for staff since hampers communication
- 2007, 158, 74
muslim dress: wearing of jilbab at school not a human right - 2007,
158, 71
newspaper alleging sexual impropriety at a seminary didn't violate privacy or perpetrators, but paper prohibited from republishing photo - 2013, 170, 130
offensive expressions against religion, limitation and hierarchy of; case law of ECHR - 2020, 184, 37
prison authorities violated rights by failing to provide Buddhist prisoner with vegetarian diet (ECHR) - 2014, 172, 104
'sham' marriages: difficulties of legally regulating these - 2007,
159, 148
social housing available primarily to Orthodox Jews does not discriminate illegally against others as corrects inequalities & is proportionate, lower court rulings justified (ECHR) - 2023, 190, 99
unsuccessfully invoked to circumvent blasphemy law - 2000, 145, 6
wearing Christian symbol at work cases (Eweida & Chaplin) taken to ECHR - 2011, 167, 115
what is hate speech? - issues of journalistic freedom; case law of ECHR - 2020, 184, 37
Human Rights Act 1998
altering the constitutional balance of the separation of powers -
2000, 144, 33
how it gives legal effect to the European Convention - 2001, 146,
5
interpreting statutes in line with the Act - 2005, 154, 27
prisoners
European Court of Human Rights: cases concerning prisoners - 2001,
146, 5
right to unimpeded access of the courts - 1985, 84/85, 52
rights and methods of enforcement - 1980, 66/67, 60
Armenia
imprisonment of Jehovah's Witness for refusing military service violates Article 9 (ECHR) - 2011, 167, 101; (similar cases ECHR) - 2012, 168, 117
Jehovah's Witnesses imprisoned for refusing alternative to military service (still overseen by the military) had Article 9 rights violated (ECHR) - 2017, 179, 220
Jehovah's Witnesses refused registration by NKR: Armenia held responsible for violation of rights including that of conscientious objection to military service (ECHR) - 2022, 189, 194
Jehovah's Witness prosecuted for seeking alternative to military service in disputed area of NKR; Armenia ruled responsible for securing his rights (ECHR) - 2021, 187, 167
Australia
gay rights activist wins discrimination case against Catholic Schools
- 2002, 148, 4
Austria
children taken into care from Muslim family, parents objected that foster family didn't reflect religious or ethnic background (girl wore a cross); rights not breached as such a family was unavailable and children's interests were paramount (ECHR) - 2023, 190, 97
denigration of prophet Muhammad may disturb religious peace so criminal conviction didn't violate Article 10 (ECHR) - 2018, 181, 234
IVF using donors can be banned in Europe but must be coherent, in
these cases rights were violated (ECHR) - 2011, 166, 100; on appeal
Austria had not exceeded margins of appreciation (GC) - 2012, 168,
141
Jehovah's Witnesses discriminated against by being liable for compulsory
civilian service, when exempted from military service (ECHR) - 2009,
163, 184
Jehovah's Witnesses rights violated by preventing them employing a foreign minister and having to pay tax on a donation due to lack of State recognition (ECHR) - 2013, 170, 126
Jehovah's Witnesses seeking recognition as a religious society suffered
unacceptable delays breaching Article 9 (case) - 2008, 161 154
opposite sex couple denied civil partnership had no rights violated (ECHR) - 2018,180, 137
paid holiday on Good Friday, giving this only to certain religions is direct discrimination and against equal treatment (case) - 2019, 182, 83
Pastafarians wishing to wear colander / pasta on heads in official documents; not discrimination as not a religion or cogent belief (ECHR) - 2023, 190, 88
post mortem objections: Muslim parents refuse autopsy on body but removal of organs carried out; fair balance not struck, religious burial affected, Articles 8 & 9 violated (ECHR) - 2021, 187, 184
same sex marriage: EU states not obliged to implement this or, if
they do, make it correspond to marriage in every way (case) - 2010,
165, 233
Sikh's being forbidden by State law from carrying kirpan (knife) at school ruled unconstitutional as racial discrimination (case) - 2023, 191, 190
religious community wanting registration should not have to undergo
ten year waiting period (case) - 2009, 163, 200
religious tolerance means religious must accept reasonable criticism but not gratuitously offensive speech (ECHR) - 2020, 184, 37
unmarried couples where one partner seeks to adopt other's child must be treated same regardless of sexuality (ECHR) - 2013, 170, 148
vicarious liability for child sexual abuse by priest; he was not employee of Catholic Chutch but holistically they are vicariously liable (case) - 2022, 188, 80
Azerbaijan
convictions & imprisionment for publishing article critical of Islam; Article 10 breached as State didn't balance rights properly (ECHR) - 2020, 184, 119
Jehovah's Witnesses sentenced to prison for conscientious objection; Article 9 violated as no provision made for alternative service (ECHR) - 2020, 184, 110
mosque congregation not discriminated against by refusal of registration as hadn't exhausted domestic remedies, didn't own the property & could worship elsewhere (ECHR) - 2013, 170, 128
non-profit NGO shut down for engaging in Islamic activities; rights breached as domestic law didn't define 'religious activity' (ECHR) - 2015, 174, 149
Belgium
Church of Scientology investigated for fraud, court can't rule on alleged press statements by authorities prejudicing case since domestic remedies not exhausted, journalists being solely responsible etc (ECHR) - 2014, 172, 74
civil action by French & Dutch nationals against the Holy See for handling of sexual abuse; Belgian court has no jurisdiction due to state immunity (ECHR) - 2022, 188, 85
European law allowing ban on face covering, does this impose valid restriction particularly on Muslim women? - 2018, 180, 82
Jehovah's Witnesses: removal of property tax exemptions from non-recognised religions caused violation of rights; risk of arbitrariness & lack of legal certainty (ECHR) - 2022, 189, 188
justified to conclude that Islamic 'Kafala' is not equivalent to adoption in Belgian law (ECHR) - 2015, 174, 131
Muslim ritual slaughter without pre-stunning is allowed in approved premises in EU; freedom of religion (EUECJ) - 2018, 181, 242
niqab banned in public places; law challenged but upheld as a fair choice by society (ECHR) - 2017, 179, 223
religious dress at work: company can have religiously neutral rules applied to all; indirect discrimination allowed if legitimate and necessary (case) - 2017, 178, 118
Bermuda
same-sex marriage: ban on this is not discrimination on human rights grounds or against the Constitution (case) - 2022, 189, 190
Bosnia & Herzegovina
religious clothing: Muslim witness fined & then imprisoned for refusing to remove skullcap in court; authorities violated Article 9 (ECHR) - 2018, 180, 118
Bulgaria
Christian broadcaster can't be refused licence without right to adequate
appeal (case) - 2008, 160, 52
dismissal by State employer due to belonging to a religious group
is unlawful (ECHR) - 2007, 158, 78
lesbian couple married in England; Bulgarian refusal to recognise relationship violates Article 8 (ECHR) - 2023, 191, 195
Orthodox breakaway denominations refused registration; state should not determine whether religious beliefs are identical so rights were breached (ECHR) - 2021, 187, 168
police interrupting house meeting of unregistered Unification Church, violates human rights (ECHR) - 2011, 166, 78
refusal to register Ahmadi Muslim group violated Article 9; state shouldn't assess religious beliefs (ECHR) - 2017, 179, 238
refusal to register religious association due to political activities violated Article 11 (ECHR) - 2017, 179, 238
refusal to register religious association with similar name & constitution to another violated Article 9 read with 11; allow public to choose (ECHR) - 2017, 178, 133
religious organisation meetings in lady's house classed as sect & subjected to illegal police searches; rights violated (ECHR) - 2015, 174, 136
Roma church hadn't exhausted domestic remedies for their registration
before appealing to ECHR (case) - 2008, 161, 145
unlawful for government to take sides between rival church leaderships
(ECHR) - 2009, 163, 185; applicants awarded damages but no property rights (ECHR) - 2011, 166, 82
violent demonstration against mosque's call to prayer not properly investigated, no one charged; worshipper's rights violated (ECHR) - 2015, 174, 151
Canada
Canadian approach to reasonable accommodation of religious belief, high threshold for employer to justifiably discriminate - 2015, 174, 77
covid 19 prohibition of in-person religious worship; Health Officer had acted legally on the basis of risk & without distinction between settings (case) - 2023, 190, 90
Croatia
government must remain neutral and recognise small reformed churches
as able to provide pastoral care, education and marriages (as others
are) (ECHR) - 2011, 166, 96
Czech
human dignity as basis of human rights in Czech court judgments - 2022, 189, 110
Finland
Jehovah's Witnesses having to get consent from people to collect their data obtained door to door does not violate their rights (ECHR) - 2023, 191, 194
transsexual can't have I.D. number changed to female unless his wife agrees to divorce as same-sex marriage unlawful (ECHR rules in favour of state) - 2013, 170, 122; Appeal upholds state refusal - 2014, 173, 224
France
comedian demonstrating anti-Semitism & support for Holocaust denial during show did not deserve protection under Article 10 (ECHR) - 2016, 175, 94
Egyptian Coptic Christian's rights would be violated by deportation due to risk of ill-treatment for proselytism (ECHR) - 213, 171, 115
employer (without dress rules) cannot say a customer's wish not
to deal with employee in hijab is a genuine occupational
requirement (case) - 2017, 178, 118
incitement to racial, ethnic or religious hatred can be punished regardless of freedom of expression (ECHR) - 2011, 166, 86
Jehovah's Witness association hit by retrospective, unforeseeable
tax bill which reduced current operations, against Article 9 (ECHR)
- 2011, 167, 99; France must reimburse & pay costs - 2012, 169, 262
lesbian adoption may be permitted via adoption by singles, lack of
male referent not an obstacle - 2008, 160, 50
muslim banned from wearing full-face veil in public: proportionate restriction to fulfil life in society and protect rights / freedoms of others (case) - 2014, 173, 235
muslim dress: social worker has to be neutral so ok not to renew contract due to refusal to remove headgear (ECHR) - 2016, 176, 84
muslim lady refusing to remove veil for identity check, can reasonably
be refused a visa (case) - 2008, 161, 151
religious dress in schools: fair to insist headscarf removed for PE;
fair to exclude for continuing to wear items (case) - 2009, 163, 178
same-sex couple unable to marry legally, not discrimination since states free to decide on this matter (ECHR) - 2016, 177, 210
same-sex marriage, State not obliged to allow, or if does, can decide what status this confers (ECHR) - 2012, 168, 123
sexual abuse of 5 year old Muslim child by Jehovah's Witness foster carers who also failed to be religiously neutral; France guilty of not monitoring placement, rights violated (ECHR) - 2023, 190, 100
sikh can be obliged to remove turban for driving license photo (ECHR)
- 2009, 163, 188
topless protest in Catholic church against abortion stance being against women's rights over body, her imprisonment is ruled as disproportionate in context (ECHR) - 2023, 190, 92
vegetative patient, ending nutrition to, doesn't breach his right to life under Article 2; dissenters slam lack of ethics (ECHR) - 2015, 175, 273
Georgia
condom packaging caused offence to religious groups; 3 out of 4 designs allowed due to freedom of expression (ECHR) - 2021, 187, 175
demonstration by NGOs against homophobia; failure of police to protect them violated their rights (ECHR) - 2022, 188, 102
Jehovah's Witnesses attacked by Orthodox group: inaction by authorities
breaches rights - 2007, 159, 163
Jehovah's Witnesses suffered violence by state agents which was not properly investigated due to official toleration of violence (ECHR) - 2015, 174, 128
Germany
Baptist parents can't remove primary children from school sex education (ECHR) - 2011, 167. 124
cases (German) involving crucifixes in classrooms and teachers wearing religious dress - 2013, 171, 21
Catholic assistant in Protestant day-nursery can be dismissed due
to incompatible beliefs (ECHR) - 2011, 166, 101
children removed from parents in religious community that caned them; decision upheld as Article 3 violated but some compensation for length of proceedings (ECHR) - 2018, 180, 146
Church tax: court holds that government had legitimately justified their interference with Article 9 rights (ECHR) - 2017, 178, 138
church workers having affairs and being dismissed; one case upheld, the other not (ECHR) - 2011, 166, 88
holocaust denial, conviction of former Catholic Bishop for this upheld (ECHR) - 2019, 182, 102
holocaust denying speech in regional parliament; subsequent criminal conviction upheld (ECHR) - 2020, 184, 113
humanist ethics course (compulsory) at school, doesn't
violate any rights (case) - 2010, 164, 92
incest between siblings is still criminal act, despite family life (ECHR) - 2012, 168, 147
job applicant claims discrimination due to lack of Church membership; employer must ensure requirement is genuine, legitimate & justifiable (EUECJ) - 2018, 181, 260
refusal to follow instructions leading to dismissal on grounds of
'subjective moral dilemma' does not necessarily constitute 'belief'
under Article 9 (case) - 2008, 161, 144
refusal to register Islamic organisation upheld; groups that act contrary to Convention values are not protected (ECHR) - 2012, 169, 272
religious dress in the workplace; interpretation of the Equal Treatment Directive (EUECJ) - 2021, 187, 186
sects, governments can warn against, but in legal proceedings need
to keep a fair timescale (ECHR) - 2009, 163, 188
talaq divorce pronounced in a third country Syria) isn't covered by EU Council Regulations on enhanced cooperation between countries (ECJ) - 2018, 180, 141
taxpayer must state membership (or not) of those churches authorised
to levy tax, doesn't violate his rights, protects from unauthorised
deductions (ECHR) - 2011, 166, 103
Greece
birth record indicated baby not Christened, Article 9 violated as shouldn't be obliged to manifest beliefs; damages awarded (ECHR) - 2020, 185, 205
Christian group appropriated Greek Navy building for a church to which they were then excluded; Greek court judgment against them upheld (ECHR) - 2020, 184, 111
conscientious objector to military service, Commission Tribunal that examined him ruled as not impartial so Article 9 violated (ECHR) - 2016, 177, 221
defendants/witnesses cannot be required to reveal religious beliefs, or lack of, in order to take declaration rather than oath - 2010, 165, 216; no damages payable - 2012, 168, 119; judgment that rights violated upheld (case) - 2013, 170, 116
freedom of religion in Greece - 2004, 152, 27
lawyer having to reveal religious convictions in order to take oath
or affirmation (on taking office), contravenes Article 9 (case) -
2008, 161, 143
not allowing monks or clerics to practise as lawyers when qualified in another EU State, violates EU directive (case) - 2019, 182, 89
parental right to withdraw children from school religious education; exemption process required disclosing religion and this violates rights (ECHR) - 2020, 184, 112
Religious Legal Persons, dissolution of, consistent with ECHR case law where state does not rule on religious belief - 2016, 176, 42
requirement to disclose atheism to avoid religious oath again ruled as violating article 9 (ECHR) - 2015, 174, 135
wife suffered detriment as Will drawn up with Sharia rules of inheritance; just satisfaction required (ECHR) - 2020, 185, 190
Hungary
Catholic placed under house arrest so cannot attend Mass; treatment compatible with Article 9 (ECHR) - 2016, 176, 106
Father's rights violated by removing all access to son due to his irrational religious worldview (ECHR) - 2013, 170, 145
government wrong to require re-registration of many religious groups (to prevent abuse of subsidies) when less drastic means possible (ECHR) - 2014, 173, 228
Hungarian Evangelical Brotherhood deregistered under new Church law awarded damages as just satisfaction (ECHR) - 2017, 178, 141
Minister of Reformed Church can't sue against dismissal in labour courts as labour law doesn't apply / no contract; can't sue in civil law (ECHR) - 2016, 176, 91; dismissal not governed by secular law so inadmissible (ECHR) - 2017, 179, 237
Israel
intolerant human rights record and immigration policy - 1993, 118/119,
108
Vatican Concordat with Israel uses UN Covenant Of Human Rights to
uphold religious freedom - 2007, 158, 30
Italy
court hearing on Jewish holyday so Jewish lawyer couldn't attend, justifiably infringed his rights to provide timely justice (ECHR) - 2012, 168, 140
display of crucifix in state school incompatible with state neutrality
& against human rights (ECHR) - 2010, 164, 105; decision reversed so display of crucifix within margin of appreciation for member states to decide (GC) - 2011, 166, 84
estranged parent's rights not infringed by court ruling that in child's best interests not to attend Jehovah's Witness services; domestic court upheld (ECHR) - 2022, 189, 209
gay man refused residence permit to live with partner was discriminated against as could not at that time have legal relationship to be 'family member' (ECHR) - 2016, 177, 225
income tax percentage to be given to Churches can be legally set by
individual EU states (case) - 2010, 165, 236
Italy not obliged to introduce same-sex 'marriage' but against Article 8 to only have 'cohabitation agreements' for legal recognition (ECHR) - 2015, 175, 282
Italy within rights in a democratic society to ban donation of existing embryos for experimentation (ECHR) - 2015, 175, 284
Lautsi case - does display of crucifix in school violate religious
freedom? - 2013, 171, 21
municipal tax exemption (to churches), European Commission investigate
if is illegal state aid - 2010, 165, 159
same-sex marriages contracted abroad not recognised in Italy; Article 8 violated but civil union status would suffice (ECHR) - 2018, 180, 126
Latin America
Inter-American Human rights court - 2009, 162, 62
Pact of San José, Costa Rica: instrument for upholding Human
Rights in Latin America - 2009, 162, 62
religion in the public sphere in Latin American countries e.g religious
holidays, conscientious objection - 2009, 162, 62
Latvia
ECHR rules in a wrongful dismissal employment case on Article 10 grounds; implications for religious employers? (ECHR) - 2015, 175, 294
government should maintain neutrality in internal religious disputes
(registered Orthodox breakaway group) (ECHR) - 2009, 163, 190
Hare Krishna prisoner complaining of ridicule & problems observing religious rituals, inadmissible claims (ECHR) - 2012, 168, 126
Hare Krishna prisoner refused permission to have religious items and recordings as these were not on list of allowed items (info. note) - 2012, 169, 272
jurisdiction scope of ECHR increases as it rules in a wrongful dismissal employment case (ECHR) - 2015, 175, 294
Lithuania
child custody case didn't discriminate against member of a 'new religious
movement' - 2010, 165, 219
Jehovah's Witness minister's rights violated by refusing him an alternative to military directed service (ECHR) - 2022, 189, 211
pagan Baltic religious association had rights violated by not being state recognised; state must be neutral (ECHR) - 2021, 187, 165
Macedonia
State's refusal to register new religious association, despite their concerns, was violation of Article 9 (ECHR) - 2018, 180, 127
Moldova
delimiting governmental power in the religious domain: the Bessarabian
Church case - 2003, 151, 137
legal recognition of Churches: religious rights & freedoms - 2003,
151, 137
LGBT community NGO banned by government from demonstrating outside parliament did have rights violated (ECHR) - 2012, 169, 271
refusal to register Orthodox church by Regional Council violates Article 9 (ECHR) - 2012, 169, 270
State can't legally refuse to register a religious denomination -
2007, 158, 80
unlawful to fine a person for practising unregistered religion (ECHR)
- 2009, 163, 189
Netherlands
Article 9 doesn't give foreign nationals a right of residence to take
up employment, even for a religious association - 2008, 160, 51
Pastafarian wishing to wear a colander on her head in official documents; views didn't have enough cogency for Article 9 to be engaged (ECHR) - 2022, 188, 79
political party holds that Bible excludes women from public office, State can take measures to end this inequality (ECHR) - 2012, 169, 292
Northern Ireland
abortion law may be incompatible with Article 8 but legislature has wide margin of appreciation (case) - 2017, 179, 221
abortion law in Northern Ireland, Supreme Court say they would have declared it incompatible with Article 8 if proceedings had been allowed (case) - 2018, 181, 237
abortion not available in Northern Ireland and NHS not obliged (under Article 8) to provide it free to non-residents coming to England (case) - 2015, 175, 285
adult with learning difficulties & Jehovah's Witness mother
should have blood products available to preserve life during dental
surgery (case) - 2013, 171, 121
Ashers Baking Company directly discriminated on grounds of sexual orientation by refusing to ice cake supporting gay marriage (case) - 2016, 177, 219
Ashers case: facts, court decisions, role of Equality Commission, impact on religious discrimination law - 2018, 181, 156
bakers who refused to make cake in support of gay marriage not protected by proportionality assessment; 2006 Equality Act superior to Articles 9 & 10 or NI Constitution - 2016, 177, 119
candidate for N.I. Water Board job won religious (not political) discrimination; Code and Procedures breached (case) - 2012, 169, 276
case law favouring direct discrimination against bakers not to make cake in support of same-sex marriage; no need for comparator, can elide meaning of message with claimant's identity; correct & proportional? - 2016, 177, 119
Christian baker refusing to bake cake supporting gay marriage guilty of discrimination on grounds of sexual & political orientation; limitation of religious rights lawful (case) - 2015, 175, 274; allowed to appeal as no discrimination, only message objected to (SC) - 2018, 181, 240; application to ECHR inadmissible as rights not raised in domestic courts (ECHR) - 2022, 188, 86
direct discrimination on grounds of sexual orientation & political opinion (Court of Appeal upholds) for Christian bakers refusing to ice cake in support of same-sex marriage - 2016, 177, 119
Equality Commission claims damages against Christian bakers who refused to ice cake in support of same-sex marriage - 2016, 177, 119
'exceptional circumstances' allowing exhumation not defined in N.I. policy; human rights instead requires a balancing exercise & test of proportionality (case) - 2022, 189, 201
exhumation for reburial: grave owner refusal upheld against wishes of nearest relative; leave to seek judicial review granted (case) - 2022, 189, 201
failure of police to prevent sectarian violence not classed as a failure
to prevent degrading treatment (case) - 2009, 163, 180
failure to provide abortion for serious fetal abnormality or in cases of rape / incest incompatible with Human Rights Act 1998; appealed (case) - 2016, 176, 95
firm vicariously liable for victimisation on grounds of religion or political opinion (case) - 2018, 180, 143
Human Rights Commission challenged Secretary of State for failure to provide abortion services; ruling that he had failed to comply with his duties (case) - 2022, 188, 101
humanist celebrant can't be prohibited from solemnising a marriage (would breach Articles 9 & 14); can use existing legislation to allow this (case) - 2018, 180, 145; resolved as already permitted under existing legislation (NICA) - 2018, 181, 252
non-recognition of subsisting same-sex marriage does not violate human rights (case) - 2018, 180, 139; on appeal, there was discrimination (but was legitimate then), now subsequent legislation has remedied so appeal dismissed - 2020, 184, 95
police took reasonable steps to protect applicants from sectarian violence on way to school (ECHR) - 2011, 166, 91
religious & political (Article 9 & 10 ECHR) rights of bakers not to make cake in support of same-sex marriage are outweighed by claimants rights; judgement compatible with NI Constitution - 2016, 177, 119
same sex couple's rights are not breached by Assembly's refusal to legislate for same sex marriage as some legal recognition did exist (case) - 2017, 179, 229; on appeal, there was discrimination but remedied by subsequent legislation - 2020, 184, 95
women unable to obtain NHS abortions in England, is legal to discriminate due to residence (health services devolved) - later allowed anyway (case) - 2017, 179, 247
Norway
religious education: humanist parents given right to withdraw children
- 2007, 159, 159
Poland
Baptist Church not formal owner of property taken by Communists so can't claim back but extended proceedings violated Article 6 (ECHR) - 2018, 180, 116
blanket refusal for surviving same-sex partners to suceed to social
housing tenancy (as married would) is discrimination - 2010, 165,
226
Buddhist in prison has right to vegetarian meals (ECHR) - 2011, 166, 83
child's rights violated by not being offered ethics class instead
of R.E. (case) - 2010, 165, 220
development site listed as Jewish Cemetery after purchase thus restricting usage; couple get partial compensation (ECHR) - 2015, 174, 152
European Court rules that denying a lady abortion violated her human
right to respect for private life - 2007, 158, 81
homosexuals: right to demonstrate for equal treatment upheld - 2007,
159, 156
Poland must give access to prenatal tests as the law allows for abortion in cases of foetal malformation (ECHR) - 2011, 167, 119
State must provide mechanism for determining conditions for obtaining
lawful abortion (ECHR) - 2007, 158, 81
witholding information and access to abortion from child rape victim (plus removal from mother, lack of confidentiality, degrading treatment) violated rights (ECHR) - 2013, 17, 137
Republic of Ireland
cases (inc. ECHR) on women wanting abortion in Ireland or to travel for one - 2011, 166, 5
challenge to Irish abortion ban; upheld that in cases where mother's
life threatened, Ireland's law breaches human rights (ECHR) - 2011,166,
76
Covid 19 restrictions on Catholic Mass attendance claimed to be unconstitutional; judicial review application ruled as moot as restrictions had ended (case) - 2022, 188, 78
divorce law and the European Convention on Human Rights - 1985, 84/85,
14
EU statements on abortion & their supervision of incorporating the X case into Irish law - 2011, 166, 5
Romania
authorities can remove Baptist prisoner's radio-cassette player used
for religious purposes as every religious act is not protected (ECHR)
- 2013, 170, 108
building previously belonging to Catholic diocese but being sold to tenants after Bishop's claim dismissed, reversal of decision by appeal court violated res judicata and therefore tenant's rights (ECHR) - 2015, 174, 126
covid 19 restrictions: prisoner refused permission to attend external religious services; Article 9 rights not violated (ECHR) - 2023, 190, 94
detention conditions of prisoner violated Article 3 & 8 since authorities failed to show it was necessary to refuse attendance at mother's funeral (ECHR) - 2017, 178, 137
detention conditions violated prisoner's rights but not being able to confess to a priest on a particular day did not (ECHR) - 2014, 173, 219
divorce case where applicant was Jehovah's Witness, no evidence that this affected outcome (ECHR) - 2011, 167, 112
Government failure to return Catholic property confiscated by Communist
Regime violated Church's rights (ECHR) - 2013, 170, 111
Greek Catholic Church had property confiscated by Communists; domestic courts eventually restored this but protracted timescale violated Article 6 (ECHR) - 2016, 176, 102
Greek Catholic Church seeking restitution of property given to Orthodox; Article 6 violated (principle of legal certainty infringed) (ECHR) - 2017, 179, 246
Greek Catholic Church seeking restitution of property lost under Ceaucescu; Grand Chamber rules they had reasonable court access but length of proceeedings unreasonable & treatment by different courts had undermined principle of legal certainty (ECHR) - 2017, 178, 139
Greek Catholic parish should be given a hearing to allow services
in its former property previously confiscated by state (case) - 2010,
165, 232
Greek Catholics failed to get restitution of property transferred
to Orthodox under Ceausescu; domestic court upheld except on length
of proceedings (ECHR) - 2015, 175, 271
government suppression of Greek Catholic Church and removal of property
was against their rights (case) - 2009, 163, 198
Jewish and Muslim prisoners alleging breach of freedom to practise religion failed to exhaust domestic remedies; but Muslim's physical detention conditions breached Article 3 (ECHR) - 2017, 178, 126
ministers of religion convicted for ministering despite being suspended; convictions ruled incompatible with freedom of religion (ECHR) - 2019, 182, 101
muslim prisoner wins case that overcrowding breaches Article 3 rights; inability to practise Islam (Article 9) claim rejected as didn't exhaust domestic remedies (ECHR) - 2015, 175, 296
Orthodox prisoners, degrading treatment upheld but no breach of religious freedom as no evidence for this put forward (ECHR) - 2012, 169, 274
prison recorded wrong religion for prisoner; correction not required as many years previously and no discrimination alleged (ECHR) - 2021, 186, 69
prisoners who converted to Islam in prison denied dietary changes; Article 9 violated (ECHR) - 2021, 186, 70
refusal to register an Orthodox trade union for salaried employees violated rights of assembly and association (ECHR) - 2012, 168, 144; ruling reversed by GC in favour of State's authority to decide - 2013, 171, 122
same-sex marriage: lack of any legal form of recognition of relationship violates Article 8 (ECHR) - 2023, 191, 190
State failure to enforce judgment obliging Orthodox parish to allow Greek-Catholics to use their confiscated building breaches Article 6 (case) - 2014, 172, 78
Russia
banning books asserting superiority of Muslim faith was against freedom of expression (ECHR) - 2018, 181, 239
banning gay rights marches violates human rights (ECHR) - 2011, 166, 77
child made to attend Orthodox rite in classroom did not have rights violated but school could have managed it better (ECHR) - 2021, 186, 73
church services in the open: cannot ban, freedom of peaceful assembly
- 2007, 159, 158
conscientious objection to military service, application for civilian alternative lawfully dismissed but is procedure flawed? (ECHR) - 2020, 184, 98
custody of children, Jehovah's Witness claims discrimination (articles
8, 14, 9 invoked) - 2008, 160, 55
dissolution of pentecostal mission / college for regulation breaches should have been dealt with less intrusively - article 9 violated (ECHR) - 2014, 173, 220
ECHR ruling that Russia should legally register the Church of Scientology
- 2007, 158, 77
freedom of expression: writer of article critical of Russian Orthodox Church led to prosecution & threat of commital to psychiatric institution, publisher faced dissolution; both applicants had rights violated (ECHR) - 2022, 188, 103
Jehovah's Witness premises authorised to be searched as may be extremist, violated rights as did arresting of member for preaching (ECHR) - 2022, 188, 75
man excluded from re-entry to Russia due to membership of Unification
Church has had rights violated (ECHR) - 2009, 163, 193
police violated Article 9 by disrupting peaceful gathering of banned Jehovah's Witness organisation (ECHR) - 2014, 173, 227
refusal to legally register Jehovah's witnesses is unlawful - 2010,
165, 222
refusal to register scientology study group & 6 individuals as religious group violated Article 9 & 11 & failed 'prescribed by law' test (ECHR) - 2015, 174, 132
requiring doctors to disclose when Jehovah's Witnesses refuse blood transfusions violates Article 8 (ECHR) - 2013, 171, 104
same sex couples not allowed to marry to protect traditional family values; ECHR rules Article 8 violated (ECHR) - 2021, 187, 171; Grand Chamber rules State required to provide legal framework (not necessarily marriage) (ECHR) - 2023, 190, 95
Scientology church had rights violated by having literature banned, registration refused and forced dissolution (ECHR) - 2022, 188, 75
Unification church ministers had rights violated by having residence permits revoked (ECHR) - 2022, 188, 77
Scotland
assisted suicide prosecution guidelines alleged unclear; Scottish law deemed different to Purdy case, petition rejected (case) - 2015, 175, 293; law clear as stands (reclaiming motion refused) - 2016, 176, 101
booking for Billy Graham evangelistic event, cancellation by Glasgow venue due to objections breached Equality Act; all beliefs protected & no business case defence allowed - damages awarded (case) - 2023, 190, 90
Catholic adoption agency failed charity test due to 'preferred criteria' disadvantaging same-sex and non-Catholic applicants (case) - 2013, 170, 142; appeal ruled the religious character of the agency should have engaged Article 9 and benefits weighed against disbenefits - 2014, 172, 99
Christian beliefs, Trust dismissed Chief Executive unfairly and discriminated against him due to (case) - 2021, 187, 180
Covid church closure regulations challenged & declared disproportionate by Judicial Review - 2021, 186, 8 and 75
Iranian asylum seekers alleging Christian conversion; court disputed genuineness but were wrong to dismiss church evidence (case) - 2018, 181, 257
'naked rambler' arrest was within margin of appreciation (& other counts had domestic remedies available); leave to appeal refused (ECHR) - 2015, 174, 142
'named person' provision for every child under Children & Young People (Scotland) Act 2014 ruled as not interfering with rights (case) - 2015, 174, 148
'named person' provision ruled ultra vires due to information sharing not being in accordance with law (case) - 2016, 177, 212
'nobile officium', use of, to fill lacunae - 2008, 160, 13
sexual abuse of child (historical) at Benedictine boarding school in 1970s; limitation period disapplied for personal injury claim as further proof required to determine trustee vicarious liability (case) - 2022, 188, 83
Serbia
adherents of minority religions should be protected from harm (ECHR) - 2011, 166, 86
South Africa
civil liberties, extent of current - 1984, 80/81, 32
detention - 1972, 34, 5
Spain
case involving crucifixes in school - ordered removal from public rooms & those classrooms that complained - 2013, 171, 21
cases regarding institutional religious symbols and actions: generally allowed if historical & involving no coercion - 2013, 171, 21
company whose Church land purchase was later registered to the Diocese (under old privilege) had ownership & legal rights violated (ECHR) - 2015, 174, 153
laicised married priest teaching in school, contract
not renewed by Bishop, no rights violated as grounds strictly religious
(ECHR) - 2012, 169, 269
ministers of Evangelical Church treated differently from R.C. clergy for state pension service, violates rights (ECHR) - 2012, 168, 129
religious freedom: constitutional recognition not always translated
into practice - 2008, 160, 25
religious freedom in Spain - 2004, 152, 44
surviving spouse of Roma (non-civil) marriage is entitled to survivors
pension - 2010, 165, 232
Sweden
Iranian asylum seeker needs assessment of impact of Christian conversion (as well as political past) on his deportation (ECHR) - 2016, 176, 85
Mandean single woman not ruled at risk from deportation to Iraq (ECHR) - 2014, 173, 240; granted Swedish residency so appeal struck out (ECHR) - 2015, 175, 301
midwives refusing to assist in abortions whose job offers were withdrawn had not been discriminated against (ECHR) - 2020, 184, 101
Switzerland
applicant alleging lack of clarity in assisted suicide law killed herself but court not told; ruled as abuse of process rather than inadmissible due to death (ECHR) - 2015, 174, 145
Constitutional ban on building minarets cannot be challenged unless an applicant is directly affected (ECHR) - 2011, 167, 116
Pakistani Christian convert refused asylum; domestic court should properly investigate his situation & the treatment of converts before he could be returned (ECHR) - 2022, 189, 200
sex education compulsory for primary schoolchildren; mother can't have child exempted under human rights law (ECHR) - 2018, 180, 115
Switzerland allowed to ban public poster campaign advertising illegal cloning services (ECHR) - 2011, 166, 87; no violation of Article 10 due to sufficient threat to public morals (GC) - 2012, 169, 283
voluntary euthanasia: lady's rights violated by lack of Swiss legal guidelines on when allowed lethal prescription (ECHR) - 2013, 171, 111
Trinidad & Tobago
'Trinity Cross' award breaches constitutional rights due to Christian
connotations (case) - 2009, 163, 196
Turkey
Alevi community suffered unjustifiable religious discrimination by Turkish State (ECHR) - 2016, 177, 213
Alevi meeting house not given free utility bills as the religion not recognised as such; ruling that is a religion so was discrimination (ECHR) - 2015, 174, 133; damages awarded (ECHR) - 2017, 179, 232; discrimination & damages upheld (ECHR) - 2019, 182, 84
arrest for attending memorial service for members of illegal organisation is not foreseeable or 'prescribed by law' (ECHR) - 2015, 174, 141
authorities can't take Church property without compensation (case)
- 2010, 165, 219
children must attend course on religious culture & ethics unless Christian or Jewish, breaches Alevi parents' rights to exemption (ECHR) - 2015, 174, 156
children's burial: authorities confiscating bodies (to prevent violent disorder) violated Article 8 (ECHR) - 2018, 181, 235
church property (forced to abandon in 1974) dispute needs to exhaust domestic remedies first (ECHR) - 2011, 166, 79
civil servant moved from job due to his beliefs & wife's veil wearing; Article 8 violated and Article 6 due to trial length (ECHR) - 2016, 176, 103
conscientious objector treated inhumanely in detention violates Article 3 but not 9 as choice was political not religious - 2016, 177, 209
conscientious objectors on military service, unfair to treat as servicemen under normal military discipline (ECHR) - 2012, 169, 289
conscientious refusal of military service by Jehovah's Witnesses followed by military sentences, violates Article 3, 9 etc in democratic society (ECHR) - 2014, 173, 221
exemption from religion classes should be allowed and procedures should
respect applicant's convictions (case) - 2008, 160, 53
foundation of Seventh Day Adventists, refusal to register for only serving a specific community violates Article 11 (ECHR) - 2019, 182, 81
Jehovah's Witnesses prohibited from worship in private premises; minority groups were discriminated against under Article 9 (ECHR) - 2016, 177, 218
military service for conscientious objectors, no exceptions for and penalties imposed, fail to strike right balance, rights violated (ECHR) - 2012, 169, 289
muslim group are discriminated against by not being allowed to wear
distinctive dress in public (case) - 2010, 164, 92
muslim prayers performed in public can be banned by army, but must disclose all documents for fair trial (ECHR) - 2011, 166, 78
parliamentarian prevented from taking the oath due to headscarf is
given disproportionate sanction (case) - 2008, 161, 153
refusal of authorities to allow a married women to use only her maiden name, violated Article 14 (ECHR) - 2013, 171, 125
refusal to register properties belonging to Orthodox Church violated
EU 'peaceful enjoyment of possessions' (case) - 2010, 165, 214
required statement of holder's religion on identity card breaches
rights (case) - 2010, 164, 109
treatment & imprisonment of Jehovah's Witness for refusing military service violates rights (ECHR) - 2012, 168, 119
Turkey not obliged to recognise religious (non-civil) marriage for
purpose of survivor's benefits (ECHR) - 2011, 166, 98
Turkish authorities dissolving a political party is against their human rights (ECHR) - 2011, 166, 80
Ukraine
canonical allegiance: state should allow parish statute changes -
2007, 159, 160
United States of America
anti-discrimination & Equality Act in USA: Senate reasoning based on 'textualism' & scope of term 'sex' - 2020, 185, 110
application of Religious Freedom Restoration Act (R.F.R.A.) to a corporation to allow exemption to mandate providing contraception to employees - 2015, 175, 209
case ruled that 'free speech' doesn't apply to sect erecting monuments on public property - 2013, 171, 5
Christian Student Society must accept non-Christians or forego public subsidy - 2013, 171, 5
contraceptive mandate requires companies to go against the owner's religious beliefs & threatens free political dialogue - 2015, 175, 209
Could U.S. Courts arrive at same decision as Hobby Lobby without using R.F.R.A. (i.e. are Christians a discrete & insular minority?) - 2015, 175, 209
difficulties with being a conservative Christian: self-censorship & withdrawal from society; examples of prejudice - 2015, 175, 209
discrimination due to sexual orientation or transgender status, which does 'sex' refer to in Title VII of Civil Rights Act 1964? - 2020, 185, 110
'Footnote Four' proposes that prejudice against discrete & insular minorities may require a higher level of judicial scrutiny for such cases - 2015, 175, 209
religious liberty & homosexual rights: Oregon v Smith meant no longer entitled to religious exemptions; had to come from legislature - 2020, 185, 110
Inter-American Human rights court - 2009, 162, 62
'ministerial exception': case law relating to, rationale for & anti-discrimination issues raised - 2012, 169, 210
religious liberty & homosexual rights: Religious Liberty Protection Act (RLPA), predecessor (RFRA) & successor (RLUIPA) - 2020, 185, 110
Should U.S. Religious Freedom Restoration Act be replaced by 'narrowly tailored statutes' to reduce number of potential litigants? - 2015, 175, 209
slavery: Jefferson's ambivalence in action & the Christian abolition
movement - 2007, 158, 4
taxpayer cannot object using establishment clause to government tax credits that may further religious schools - 2013, 171, 5
War Cross memorial erected on federal land not allowed due to Establishment Clause so land transferred to private ownership - 2013, 171, 5
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Published by:
The Edmund Plowden Trust
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