In 2011, a Basel primary school refused to grant Ms AR’s request that her daughter LR, then aged seven and about to move up to the second year of primary school, be exempted from sex education lessons.
In AR and LR v Switzerland (Application no 22338/15), relying on Article 8 § 1 (private and family life) Ms AR and Ms LR argued that there had been a violation of Ms AR’s right to respect for private and family life, and that Ms LR had been subjected to an unjustified interference with the exercise of her right to respect for her private life. They also complained of an infringement of their right to freedom of religion and conscience under Article 9 §1 and of a breach of Article 14 (discrimination) taken together with Articles 8 and 9. Continue reading →
In Molla Sali v Greece (No. 20452/14) (which we noted briefly in April 2015) the applicant, Ms Chatitze Molla Sali, is a Greek national born in 1950 who lives in Komotini in Western Thrace. On the death of her husband, she inherited his entire estate under the terms of a will drawn up by him before a notary. His two sisters contested the will, on the grounds that their brother had belonged to the Muslim minority community in Western Thrace and that all matters relating to his estate were therefore subject to Islamic law and to the jurisdiction of the mufti rather than to the provisions of the Greek Civil Code. They relied in particular on the 1920 Treaty of Sèvres and the 1923 Treaty of Lausanne, which provided for Islamic customs and Islamic religious law to be applied to Greek nationals who were Muslims. Continue reading →
The rights of cohabiting couples – or the lack of them – have been in the news for the last week or so. In her recent Times interview (£), as well as calling for no-fault divorce in England and Wales Lady Hale voiced support for new legal rights for unmarried couples. The number of unmarried couples living together has more than doubled in recent years, from 1.5 million in 1996 to 3.3 million in 2017; and on Monday, Resolution, formerly known as the Solicitors Family Law Association, published the results of a ComRes survey which found that: Continue reading →
The applicant, the “Orthodox Ohrid Archdiocese”, since renamed the “Greek-Orthodox Ohrid Archdiocese of the Peć Patriarchy”, is a non-registered religious association. It complained about the national authorities’ refusal to register it. Continue reading →
In Ratzenböck and Seydl v Austria ECHR 947, the applicants, Helga Ratzenböck and Martin Seydl, complained that, as a heterosexual couple, they were denied access to a registered partnership, a legal institution only available to same-sex couples.
In February 2010, they had lodged an application to become registered partners under the Registered Partnership Act 2009 [Eingetragene Partnerschaft-Gesetz] but the Mayor of Linz had refused their application because the registered partnership was reserved for same-sex couples only; and their appeal, alleging discrimination based on their sex and sexual orientation, was dismissed by the Upper Austrian Regional Governor. Continue reading →
Is belief in “English Nationalism” a protected characteristic under the terms of s10 Equality Act 2010? Not in the opinion of the Employment Tribunal in Mr S T Uncles v NHS Commissioning Board and others UKET 1800958/2016.
Mr Uncles brought a series of complaints arising out of the termination of his agency work with the first respondent with effect from 6 May 2016, including unfair dismissal, breach of contract in relation to notice, unlawful deductions from pay and complaints of discrimination or harassment related to race, sex and philosophical belief. The claimant described himself as English, and the philosophical belief on which he relied was a belief in English nationalism . It is the last of these that concerns us here. At the time of his dismissal, he was facing a prosecution for electoral fraud which he had not disclosed to his employers . Continue reading →
A week in which the main theme seemed to be discrimination on grounds of gender or sexual orientation
Church of England to debate blessings for same-sex couples?
Last week, as we noted, the Hereford Diocesan Synod passed a resolution requesting the House of Bishops to initiate the formulation of a discretionary liturgy for use following the registration of a civil partnership or a same-sex marriage. The BBC subsequently reported this under the headline Church of England to discuss same-sex blessing, stating that “The general synod will now debate a form of service described as ‘neither contrary to nor a departure from’ the doctrine of the church”. Continue reading →