Assisting suicide: leave to appeal granted in R (Conway)

As readers will no doubt be aware, Mr Noel Conway, who is 68, has suffered from a form of Motor Neurone Disease since about 2012 and wishes to end his life at a time of his own choosing because, as he explained:

“At some point, my breathing will stop altogether or I will become so helpless that I will be effectively entombed in my own body. I would not like to live like this. I would find it a totally undignified state for me to live in. I find the prospect of this state for me to live quite unacceptable and I wish to end my life when I feel it is the right moment to do so, in a way that is swift and dignified.”

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Compulsory sex education and Article 9 ECHR: AR & LR v Switzerland

Background

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 [2018] (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

Same-sex marriage in Northern Ireland again: Close

And here’s one I should have made much earlier…

In a brief judgment in Close & Ors, Re Judicial Review [2017] NIQB 79, delivered in August, O’Hara J dismissed a challenge to Article 6 of the Marriage (Northern Ireland) Order 2003 by two same-sex couples who had entered into civil partnerships in 2005. The applicants contended that the effect of the Convention, as incorporated into the law of the United Kingdom by the Human Rights Act 1998, was that the continued denial of same-sex marriage in Northern Ireland was unlawful [7]. Continue reading

Gender dysphoria, family breakdown and Ultra-Orthodox Judaism revisited

The Court of Appeal (Sir James Munby P and Arden and Singh LJJ) has handed down judgment in M (Children), Re [2017] EWCA Civ 2164.

The background

In January I reported on (and commented on) Peter Jackson J’s judgment in J v B (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4. The couple, who were members of the North Manchester Charedi Jewish community, ended their marriage in June 2015 when the father, J, left home to live as a woman. J then had no contact with the children because of the attitude of the Charedi community to transsexuals, though she sought to remain an Orthodox Jew, keeping kosher and attending the Orthodox synagogue when she could. She sought an order for contact from the Family Court. Continue reading

Law and religion round-up – 17th December

“There is a proper role for referendums in constitutional change, but only if done properly. If it is not done properly, it can be a dangerous tool”

David Davis, Hansard  2002

That vote on Amendment 7

Returning briefly to Brexit since our last foray in August, Wednesday’s vote is notable in that it is the Government’s first defeat on the European Union (Withdrawal) Bill. The impact of the amendment is that clause 9(1) now reads Continue reading

Bosnia and Herzegovina: beards and police officers

The legal adviser to the appellant, Emir Kovačević, has provided this guest post on an interesting case on the right of public-sector workers to manifest their religion while in uniform.

The Constitutional Court of Bosnia and Herzegovina, in its decision No. U 8/17 of 30 November 2017, approved the appeal of Mr Safet Softić, deputy chairman of the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina against part of the uniform regulations for the Border Police. Continue reading

“Cohabitation, cohabitation, cohabitation”: Smith

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