In Butt v Secretary of State for the Home Department  EWHC 1930 (Admin), Dr Salman Butt, a British citizen and practising Muslim, challenged the lawfulness of revised Prevent Duty Guidance and the role of the Home Office Extremism Analysis Unit (EAU) in collecting and storing personal data. Continue reading
The week’s news seems to underline the wisdom of the injunction in the Persil advert: Always Keep Away From Children…
The Supreme Court
First, though, the big news of the week: Baroness Hale of Richmond will succeed Lord Neuberger of Abbotsbury as President of the UK Supreme Court on 2 October. Lady Justice Black, Lord Justice Lloyd Jones and Lord Justice Briggs will all join the Supreme Court as Justices on the same day.
Sexual orientation and “British Values”
An Orthodox Jewish school in Hackney has failed its third Ofsted inspection because it did not teach its pupils about sexual orientation. The inspectors reported that the pupils at Vishnitz Girls School, who range in age from three to eight,
“are not taught explicitly about issues such as sexual orientation. This restricts pupils’ spiritual, moral, social and cultural development and does not promote equality of opportunity in ways that take account of differing lifestyles. As a result, pupils are not able to gain a full understanding of fundamental British values.” Continue reading
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  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  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 . 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
Cake now off the Brexit menu…
…though not in the House of Lords for Pride 2017…
— David Clark (@dwclark79) July 7, 2017
…but gluten-free is off the menu at Mass
From Hung Parliament to Bung Parliament…
…male Members without ties, and even more bishops.
Abortion in Northern Ireland
Last week, one year on from hearing oral argument, the Northern Ireland Court of Appeal overturned the ruling at first instance by Horner J in which he held that the abortion law in Northern Ireland was incompatible with the UK’s obligations under the Human Rights Act 1998 in circumstances where the foetus had been diagnosed with a fatal foetal abnormality or where the pregnancy was the result of rape or incest. Simultaneously, however, the BBC reported that the Chancellor of the Exchequer had announced in advance of a likely vote on the issue in the House of Commons that women from Northern Ireland would in future be able to obtain NHS terminations in England. We noted it all here. Continue reading
In a rather unusual case, Dingemans J has had to consider whether the moral attitudes – as revealed by his blog posts – of a father who was estranged from the mother of his son supported the Family Court’s decision not to allow him parental access.
In A v Cornwall Council  EWHC 842 (QB), A believed that abortion and same-sex relationships were both wrong. A’s relationship with M had broken down and he was refused contact with their son, S. A claimed that the Council had prevented him having direct contact and had not supported his application to have S live with him because of the views he had blogged about abortion and same-sex marriage – and that the Council had violated his Convention rights. The Council denied the claim and said that it had conducted proper safeguarding inquiries about S and had made proper recommendations to the Family Court that had taken the relevant decisions . Continue reading