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Law & Religion UK is intended as a forum for what (we hope) is academically-rigorous exploration of the interactions between law and religion – broadly defined – together with the human rights issues associated with them. We are always interested in guest posts from colleagues in the field of law and religion.

We also welcome pertinent comments on current developments that reflect the views and opinions of their respective authors and meet the General Conditions applying to the site. However, those that do not meet those criteria or which are otherwise unidentifiable are unlikely to be published, especially comments that are abusive or defamatory. For more information see our comments policy below.

Frank Cranmer and David Pocklington

Hate-speech not protected by Article 10 ECHR: Belkacem v Belgium

In a unanimous judgment, the European Court of Human Rights has confirmed that hate-speech is not protected by the right to freedom of expression under Article 10 ECHR.

In Belkacem v Belgium [2017] ECHR No 34367/14 [in French], the applicant had been convicted of various infractions of Article 22 of the Law of 10 May 2007 on combating certain forms of discrimination: in particular, that he had posted videos on YouTube in which he was seen making grossly inflammatory statements about the then Minister of Defence of Belgium [4] and that he had harassed the husband of a Belgian politician after her death by posting a video saying that she would spend eternity in Hell [5]. Continue reading

Greek-Catholic church property again: Glod v Romania

Background

The Greek-Catholic parish of Glod sued the Orthodox parish of Glod for restitution of the church that had belonged to it before the dissolution of the Greek-Catholic Church by the Communist regime in 1948. It was unsuccessful before Zalău County Court; and the Court of Appeal of Cluj and the Supreme Court of Cassation and Justice upheld the judgment at first instance [4-9]. Before the Fourth Section, the applicants alleged a breach of Article 1 of Protocol No. 1 ECHR (property), Continue reading

House of Commons private Members’ ballot bills

The House of Commons private Members’ ballot bills were presented yesterday. Two of them may be of particular interest to readers:

  • [No 5]: Tim Loughton’s Civil Partnerships, Marriages and Deaths (Registration Etc.): “Bill to provide that opposite sex couples may enter a civil partnership; to make provision about the registration of the names of the mother of each party to a marriage or civil partnership; to make provision about the registration of stillborn deaths; to give coroners the power to investigate stillborn deaths; and for connected purposes”  – to be read a second time on Friday 2 February 2018 (Bill 11); and
  • [No 6] Geoffrey Robinson’s Organ Donation (Deemed Consent): “Bill to enable persons in England to withhold consent for organ donation and transplantation; and for connected purposes” – to be read a second time on Friday 23 February 2018 (Bill 12).

Continue reading

Closure of the HLF Grants for Places of Worship – Update

Recent update from Historic Religious Buildings Alliance (HRBA)

Mid-March 2017, the Heritage Lottery Fund (HLF) confirmed in that the Grants for Places of Worship (GPOW) scheme would be closing. The HRBA provides regular updates through its monthly email newsletter, which it correctly describes as “an amazing mine of information“. Extracts from the July issue are reproduced below.  Continue reading

Québec: may a Jew be compelled not to work on Saturdays?

May a Jew be compelled by his employer not to work on the Sabbath? That question recently came before the Québec Human Rights Tribunal.

Background

In Commission des droits de la personne et des droits de la jeunesse (Zilberg) c. 9220-3454 Québec Inc. (Spa Liv Zen (Spa Orazen)) 2017 QCTDP 13 (CanLII), the claimant, Richard Zilberg, was a hairstylist employed by Spa Orazen and its owner, Iris Gressy. He had a strong Jewish identity and attachment to his religion but chose not to observe Shabbat. So he worked six days a week including Saturday – which was the busiest day of the week at the salon. [6].

In 2012, Ms Gressy, who was herself Jewish, suggested that Mr Zilberg should stop working on Saturdays because he was a Jew. Continue reading

Law and religion round-up – 16th July

A quiet week, apart from…

… not the Great Repeal Bill

On Thursday, the Government published the European Union (Withdrawal) Bill. We noted it here and the Parliament page on the Bill is here.

In Public Law for Everyone, Professor Mark Elliott’s post looks in some detail (albeit preliminarily) at how the EU (Withdrawal) Bill works, and comments on some of the key constitutional issues that it raises, here. As a taster (for both Brexiteers and Remainers), he concludes: Continue reading