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HUMAN RIGHTS

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
advertisement including Biblical texts against sodomy is lawful (overturning Advertising Standards ruling) (case) - 2011, 167, 110
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-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: 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
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
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
businesses must file VAT returns online apart from exemption for religious reasons (not upheld in this case) - 2015, 174, 138
Catholic Church: respect for human rights within the - 2001, 146, 28
Catholic Church's stance on human rights, historical development of - 2001, 146, 28
changes to ECHR to tighten admissibility criteria and tackle case backlog - 2012, 168, 94
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
Chinese daughter of Evangelical Paster and family not judged to be at harm if returned to China (appeal dismissed) - 2014, 172, 98
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 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
churches in UK can only choose religious affiliation of ministers & closely related posts, for others equality laws apply - 2011, 166, 37
Civil Partnership registration, imposing of on registrar, doesn't violate Christian rights (case) - 2009, 163, 142
clashes of rights between religious workplaces & non-religious prospective employees - 2002, 148, 4
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
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
courts martial: are Royal Navy & RAF tribunals independent & impartial? - 2004, 153, 184
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
direct & indirect discrimination in employment cases - 1998, 138/139, 105
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
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 (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): 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
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 religion: upholding by the ECHR - 2003, 151, 137
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
group disadvantage (assessment of) in religious discrimination cases (Reg. 3(b)(iii)), incompatible with Article 9 when ECHR engaged - 2015, 174, 77
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
human & civic rights education (in context of Africa) - 1997, 132/133, 49
human rights: stopping ethical relativism? - 2006, 156, 53
human rights: values for a Godless age? - 2001, 146, 28
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
'humanitarian intervention' to protect citizens of another state - 2005, 154, 35
Hume's moral scepticism and the foundations of human rights - 2006, 157, 39
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
Islamic international law: Quran often contradictory on jihad as aggressive or defensive / benign - 2014, 173, 173
Jewish campaigner not unlawfully harrassed by Union criticism of Israel - they have freedom of expression (case) - 2013, 171, 110
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 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
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
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 prisoner should not have to break reasonable voluntary fast to provide drugs test urine (case) - 2011, 167, 100
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
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 & significance - 2006, 156, 53
parliamentary sovereignty limiting creation of fundamental rights - 1969, 23, 53
'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
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
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
'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 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 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
reviews of cases showing how far religion can affect employment - 2009, 163, 142
religious symbols & dress in schools: European cases illustrating prohibitive & inclusive approaches - 2013, 171, 21
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
Sartrean concept of freedom and justice - 1990, 106/107, 23
scope and protection of - 1977, 54/55, 94
senior worker overstepped boundaries with religious pressure on junior colleague, employer disciplinary action justified (case) - 2015, 175, 299
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 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
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 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
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
teaching of, proposals of International Commission of Jurists - 1969, 24, 140
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
truth, the role of human rights in securing the protection of - 1967, 17, 112
understanding human rights concepts & education - 1997, 132/133, 49
universal or culturally bound - 1999, 142/143, 122
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
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
'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
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
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
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
unsuccessfully invoked to circumvent blasphemy law - 2000, 145, 6
wearing Christian symbol at work cases (Eweida & Chaplin) taken to ECHR - 2011, 167, 115
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
Australia
gay rights activist wins discrimination case against Catholic Schools - 2002, 148, 4
Austria
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
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
religious community wanting registration should not have to undergo ten year waiting period (case) - 2009, 163, 200
unmarried couples where one partner seeks to adopt other's child must be treated same regardless of sexuality (ECHR) - 2013, 170, 148
Azerbaijan
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
justified to conclude that Islamic 'Kafala' is not equivalent to adoption in Belgian law (ECHR) - 2015, 174, 131
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
police interrupting house meeting of unregistered Unification Church, violates human rights (ECHR) - 2011, 166, 78
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
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
Finland
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
Egyptian Coptic Christian's rights would be violated by deportation due to risk of ill-treatment for proselytism (ECHR) - 213, 171, 115
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 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
sikh can be obliged to remove turban for driving license photo (ECHR) - 2009, 163, 188
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
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
church workers having affairs and being dismissed; one case upheld, the other not (ECHR) - 2011, 166, 88
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
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
sects, governments can warn against, but in legal proceedings need to keep a fair timescale (ECHR) - 2009, 163, 188
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
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
requirement to disclose atheism to avoid religious oath again ruled as violating article 9 (ECHR) - 2015, 174, 135
Hungary
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
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 stated to decide (GC) - 2011, 166, 84
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
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
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
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 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
candidate for N.I. Water Board job won religious (not political) discrimination; Code and Procedures breached (case) - 2012, 169, 276
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
failure of police to prevent sectarian violence not classed as a failure to prevent degrading treatment (case) - 2009, 163, 180
police took reasonable steps to protect applicants from sectarian violence on way to school (ECHR) - 2011, 166, 91
Norway
religious education: humanist parents given right to withdraw children - 2007, 159, 159
Poland
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
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
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 Catholics failed to get restitution of property transferred to Orthodox under Ceausescu; domestic court upheld except on length of proceedings (ECHR) - 2015, 175, 271
Greek Catholic parish should be given a hearing to allow services in its former property previously confiscated by state (case) - 2010, 165, 232
government suppression of Greek Catholic Church and removal of property was against their rights (case) - 2009, 163, 198
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
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
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 gay rights marches violates human rights (ECHR) - 2011, 166, 77
church services in the open: cannot ban, freedom of peaceful assembly - 2007, 159, 158
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
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
Scotland
assisted suicide prosecution guidelines alleged unclear; Scottish law deemed different to Purdy case, petition rejected (case) - 2015, 175, 293
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
'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
'nobile officium', use of, to fill lacunae - 2008, 160, 13
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
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
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
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 meeting house not given free utility bills as the religion not recognised as such; ruling that is religion so was discrimination (ECHR) - 2015, 174, 133
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
church property (forced to abandon in 1974) dispute needs to exhaust domestic remedies first (ECHR) - 2011, 166, 79
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 applicants convictions (case) - 2008, 160, 53
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
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
'Footnote Four' proposes that prejudice against discrete & insular minorities may require a higher level of judicial scrutiny for such cases - 2015, 175, 209
Inter-American Human rights court - 2009, 162, 62
'ministerial exception': case law relating to, rationale for & anti-discrimination issues raised - 2012, 169, 210
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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