Law and religion round-up – 28th January

A new bishop, a new(ish) blog, but also plenty on burial rights, coroners and animal slaughter

Reuse of graves

On Tuesday, the Ministry of Justice answered a Written Question [122416] from Nicky Morgan (Conservative, Loughborough) asking what representations the Secretary of State has received from (a) the Burial and Cremation Advisory Group and (b) other stakeholders on the reuse of graves; and whether his Department plans to continue to review the matter of such reuse. Continue reading

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

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

May a faith-based nursery school sack a teacher for cohabitation? De Groen

And here’s one we should have noted earlier…

Background

In Ms Z De Groen v Gan Menachem Hendon Ltd [2017] UKET 3347281/2016, the claimant was employed by the respondent, a private Orthodox Jewish nursery school that followed the teachings of the Lubavitcher Rebbe [22]. Part of the ethos of the nursery is to instil in its children the principles and practices of ultra-Orthodox Judaism:

“Both handbooks for teachers and parents and a job description mention the religious nature of the nursery in various places. However, none sets out that all staff must adhere to the beliefs and practices of the ultra-Orthodox community with which the nursery is most closely associated. Indeed, the respondent was at pains to point out that it was open to employing a non-Jew as a teacher provided that they had a sufficient knowledge of the principles of Judaism and adhered to key aspects of its fundamental principles (such as its dress code)” [24]. Continue reading

Law and religion round-up – 19th November

A week in which Aussies voted in favour of same-sex marriage, a report on charity trustees confirmed what we already knew and the C of E ran into an unexpected storm…

New research on charity trustees in England and Wales

The Charity Commission has published a report into trusteeship, Taken on Trust: the Awareness and Effectiveness of Charity Trustees in England & Wales which calls for changes in the way boards are recruited and supported. The report, which is based on research carried out by a team led by Professor Stephen Lee, of the Cass Business School, concludes that there are 150,000 fewer trustees in England and Wales than was previously believed, that payment of trustees remains relatively rare, with only 2,000 charities – 1.6 per cent – paying their trustees, and that boards of trustees are still disproportionately middle-class, white, male and elderly. [Full disclosurethis item is written by a white, male, elderly, middle-class charity trustee…] Continue reading

C of E guidance on homophobic, biphobic and transphobic bullying in schools

The Church of England has published an updated version of Valuing All God’s Children: Guidance for Church of England schools on challenging homophobic, biphobic and transphobic bullying. The accompanying press release explains that the updated guidance

“aims to prevent pupils from having their self-worth diminished or their ability to achieve impeded by being bullied because of their perceived or actual sexual orientation or gender identity.  Continue reading

Gender, religious belief and discrimination in service provision

On Sunday, there were various media reports that a Southampton-based printer, Nigel Williams, had refused to produce business cards for Joanne Lockwood, a trans woman who works as a transgender diversity consultant; the reason stated for this refusal was that Mr Williams did not want to promote a cause that he felt might harm his fellow Christian believers.
Continue reading