Greek-Catholic church property again: Glod v Romania

Background

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

Strasbourg upholds Belgian niqab ban: Belcacemi and Dakir

The European Court of Human Rights has ruled on two Belgian cases involving bans on wearing the niqab in public.

The background

In Belcacemi and Oussar v Belgium [2017] 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

Abortion and human rights in Northern Ireland [updated]

The Northern Ireland Court of Appeal has allowed the appeal by the Attorney General, John Larkin QC, against the Order made by Horner J at first instance 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 the circumstances where the foetus was diagnosed with a fatal foetal abnormality or where the pregnancy was the result of rape or incest. It quashed the declaration and concluded, by a majority, that the Court should not intervene in what was a matter for the Northern Ireland Assembly to decide. Continue reading

Discrimination against Alevis – just satisfaction

In December 2014 we noted Cumhuriyetçi Eğitim ve Kültür Merkezi Vakfi v Turkey [2014] ECHR 1346 [in French], in which the applicant Foundation for Republican Instruction and Culture, which was established as a non-profit entity to manage a number of Alevi places of worship [cemevis], complained about the refusal of the Directorate of Religious Affairs to pay its electricity bills [7]. The Directorate’s grounds for refusal had been that the mechanism for paying the bills was intended to benefit places of worship and cemevis could not be places of worship because there was no such religion as Alevism, historically or scientifically [il n’existe pas de religion appelée « la religion alévie », ni sur le plan historique ni sur le plan scientifique]. The Foundation argued that being deprived of the privilege of free electricity was discrimination, contrary to Article 14 ECHR taken together with Article 9 and contrary to Article 9 on its own. Continue reading

Yet another registration case: Metodiev & Ors v Bulgaria

Background

In February 2007 some of the applicants, Ahmadi Muslims, decided to set up a new religious association, the Ahmadiyya Muslim Community, to be based in Sandanski: the others joined them subsequently. The first applicant, Mr Metodiev, applied to the district court of Sofia to register the new association under the Religions Act and the court sought the opinion of the Department for Religious Affairs – and denied the application. Continue reading

Access for Northern Ireland women to free abortion in England: R (A and B)

By a 3-2 majority, the Supreme Court has dismissed the appeal in R (A and B) v Secretary of State for Health [2017] UKSC 41.

Background

In 2012, A, a 15-year-old woman resident in Northern Ireland became pregnant. She used the services of a private clinic in England to secure an abortion accompanied by B, her mother (and litigation friend), at a total cost of £900 including travel. She did so because she reasonably believed that she would not be able to obtain an abortion in Northern Ireland or through the NHS in England because she was ordinarily resident in Northern Ireland.
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Humanist wedding in Northern Ireland – temporary authorisation granted

In Re an application by Laura Smyth for Judicial Review, Colton J has quashed the General Register Office’s decision to refuse an application for authorisation for a humanist marriage in Northern Ireland on the grounds that the refusal breached the applicant’s ECHR rights. He ordered the GRO to grant the application, which would give temporary authorisation for a humanist celebrant to perform a legally valid and binding humanist wedding ceremony. Continue reading