In Smajić v Bosnia and Herzegovina ECHR (Application no. 48657/16), Mr Abedin Smajić, a lawyer, had been arrested on suspicion of inciting national, racial and religious hatred, discord or intolerance: he was charged, convicted and sentenced to one year’s imprisonment suspended for three years. The domestic court had found that between 3 January and 24 February 2010, under a pseudonym, he had made a number of posts on the Internet forum of a website called Bosnahistorija about the course of action to be undertaken by Bosniacs in the event of a war and the secession of Republika Srpska (one of the two constituent entities of Bosnia and Herzegovina). The following is a sample: 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 →
A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on…
Victimisation and public interest disclosure in school
In Miss S Bi v E-ACT (England and Wales: Public Interest Disclosure: Race Discrimination: Religion or Belief Discrimination) UKET 1304471/2015, the ET upheld the claim of Ms Suriyah Bi, a Muslim teaching assistant, that her dismissal constituted victimisation under ss.27 and 39 Equality Act 2010 Continue reading →
Yet another property dispute between the Romanian Greek-Catholic Church and the Romanian Orthodox Church.
In Orăştie Romanian Greek Catholic Archpriesthood United to Rome and Orăştie Romanian Greek Catholic Parish United to Rome v Romania ECHR 913 [in French], the applicants sought the restitution of their church, which had been expropriated by the Communist regime and handed over to the Orthodox in 1948. They were unsuccessful before the domestic courts [7-17], the High Court of Cassation and Justice noting that 90.71% of the population of Orăştie was Orthodox and 1.02% Greek-Catholic . Continue reading →
The applicant, Károly Nagy, brought a compensation claim against the Hungarian Reformed Church following his dismissal as minister of Gödöllő parish. Disciplinary proceedings had been brought against him in June 2005 after a local newspaper had reported him as saying that state subsidies to a Calvinist boarding school had been paid unlawfully. He was immediately suspended and eventually dismissed, with effect from 1 May 2006, following a decision by the ecclesiastical courts. His attempts to sue in the labour and the civil courts failed for want of jurisdiction and the Supreme Court held that there was no enforceable contract between Mr Nagy and the Church. Continue reading →
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 →
The European Court of Human Rights has ruled on two Belgian cases involving bans on wearing the niqab in public.
In Belcacemi and Oussar v Belgium  ECHR 655[in French], the applicants – Ms Samia Belcacemi (a Belgian national) and Ms Yamina Oussar (a Moroccan national living in Belgium) – challenged the Belgian Law of 1 June 2011 banning the wearing in public places of clothing which partially or totally covers the face. Continue reading →