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Human Rights & Public Law Update 
 
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Religion

 
 

Begum

By excluding a pupil who insisted on breaching school dress codes by wearing strict Islamic dress, the school violated her right to freedom to manifest her religion under Article 9


Campbell

Neither Article 9 or Article 14 imposed a positive duty on the state to enable a religious community to receive housing benefit in order to continue practising their religion in certain premises.


Connolly

There is no right either under Article 10 or Article 9 to seek to force pro-life views on others by sending offensive materials to pharmacists selling contraception.


Hasan and Chaush v Bulgaria

The failure by the authorities to remain neutral in relation to religious communities suggested that believers of one community denied registration had suffered a violation of Article 9


Jakobski v Poland

Mahayana Buddhists have profound moral objections to eating meat. According to the rules, a Mahayana Buddhist should avoid eating meat to cultivate compassion for al living beings


Jivraj v. Hashwani [2011] UKSC 40

Can you choose an arbitrator by reference to his religion?


Johns v Derby City Council and Equality and Human Rights Commission (intervening) [2011] EWHC 375 (Admin)

Religious views opposing homosexuality are a legitimate fostering concern and the local authority’s approach to this question did not constitute religious discrimination.


Khan

Conscientious objection is not a protected activity under Article 9 and therefore cannot provide a defence to the charge of being absent from the armed forces without leave.



Murphy v Ireland

Blanket ban on religious broadcasting did not exceed Irish government’s margin of appreciation


Nikishina v Russia

The fact that a Convention-infringing judgment had been quashed by the higher appellate courts meant that the applicant could not be considered a "victim" under Article 34


O’Donoghue and Others v. the United Kingdom(application no. 34848/07)

The government’s system for preventing sham marriages as an entry ploy for immigrants breached the right to marry and was discriminatory


R (Ghai v Newcastle City Council & Others) [2010] EWCA Civ 59

The prohibition of the burning of human remains other than in a crematorium, such as on an open air funeral pyre, interfered with orthodox Hindu beliefs as they are protected under Article 9 of the Convention.


R (Imran Bashir) v. The Independent Adjudicator, HMP Ryehill and the Secretary of State for Justice [2011] EWHC 1108

Muslim prisoner refusing to give urine sample for blood test because he was fasting suffered breach of Convention rights


Redmond-Bate

Section 13 of the Human Rights Act cannot be relied on to prioritise Article 9 rights


Shergill v Purewal & Anor [2010] EWHC 3610 (QB)

There is a long-standing principle of English law that the courts will not determine matters of religious doctrine


Thlimmenos v Greece

Refusal to admit an individual to a profession because of a criminal conviction amounted to discrimination on grounds of religion where that conviction was due to conscientious objection


X v Y School

A school's prohibition on the niqab veil at school engaged the pupil's right to manifest her religion under Article 9 but that provision had not been infringed and even if it had been, the decision was objectively justified under Article 9(2).


 

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