Living next to a cemetery: Tonyuk

In Tonyuk v Ukraine [2017] ECHR 492 the applicant, Yustyna Tonyuk, a Ukrainian national born in 1941 and living in Yaremche, in the Ivano-Frankivsk Region, complained about the existence and use of a cemetery that had been created adjacent to her home. Ms Tonyuk had obtained two judgments from the national courts banning the use of the cemetery for future burials on the ground that its proximity to her home was in breach of the applicable sanitary standards. Her house was some ten metres from the cemetery boundary, her yard was separated from the cemetery by a wire mesh fence and the nearest row of graves was about a metre from the fence (some eleven metres from her house) and clearly visible from her yard [7]. Continue reading

Law and religion round-up – 21st May

And as the Election campaign grinds on… 

General Election 2017

The three main UK parties’ manifestos are now published: Conservative, Labour and Liberal Democrat. Unsurprisingly, there is little about “religion” in any of them; however, the Lib Dems have said that, if elected, they will introduce opposite-sex civil partnerships, while the Tories seem to have put the “British Bill of Rights” on the back burner for the whole of the next Parliament.

Prime Minister answers LGBT questions from Pink News readers

Theresa May answered questions posted by Pink News readers on a range of LGBT issues ahead of the General Election. Continue reading

The Conservative Manifesto and human rights

The Conservative Party has published its Manifesto in advance of the General Election. On the issue of the UK’s continued adherence to international human rights obligations, it says this: Continue reading

Law and religion round-up – 30th April

Parliament was prorogued on Thursday ahead of dissolution on 3 May …

… but first, 

… there were several key pieces of legislation, of which there is a full list in Hansard, here.

Among the bills that survived the pre-Election frenzy, a truncated Finance Bill left out the trigger to start HMRC’s ‘Making Tax Digital’ initiative, no doubt to the relief of small charities everywhere. But it will almost certainly be back on the agenda in due course, whatever the election result.

Parliament also passed the Northern Ireland (Ministerial Appointments and Regional Rates) Bill: a piece of emergency legislation which retrospectively resets the “14-day clock” in the Northern Ireland Act 1998 that expired on 27 March and replaced it with a 108-day grace period ending on 29 June. The duty on the Secretary of State to set a date for a new Assembly election is therefore suspended, at least for a period, and he can continue negotiations over power-sharing.

Burial in the wrong grave

In Re Fairmile Cemetery Lower Assendon [2017] ECC Oxf 2 the petitioner sought a faculty to exhume and re-inter a body mistakenly buried in a plot within of a block of graves reserved for his family because of an administrative error by the burial authority, Henley-on-Thames Town Council, which duly grovelled – with costs [84-86]. McGregor Ch refused to grant a faculty (and we shall note the case more fully in due course).

What is of immediate interest, however, is that the case revealed evidence of some fairly murky goings-on in local authority burial grounds. Apparently, the previous Town Clerk had said that he could arrange for the mistakenly-buried body “to be relocated informally”:

“This would be achieved by what he referred to as ‘sliding’ the body, i.e. excavating the ground so as to move the coffin sideways so that it no longer occupied plot 172, but without lifting it out of the ground” [34].

The Chancellor was having none of that, observing crisply that

“any interference with human remains that have been buried in consecrated ground would, unless authorised by faculty, be unlawful under ecclesiastical law … If such interference amounts to the remains being ‘removed’ it is also a criminal offence … Such unlawful action by a burial authority is to be deprecated. Should cases of this happening become known to the court, I shall instruct the Registrar to report the matter both to the Archdeacon with a view to appropriate steps being taken to enforce ecclesiastical law, and to the Police with a view to their investigating whether a criminal offence has been committed” [35: emphasis added].

The Council of Europe and rights of religious minorities

At its Spring session, the Parliamentary Assembly of the Council of Europe agreed Resolution 2163 (2017) on The protection of the rights of parents and children belonging to religious minorities. The operative part is as follows:

“5. The Assembly … calls on all member States of the Council of Europe to protect the rights of parents and children belonging to religious minorities by taking practical steps, legislative or otherwise, to:

5.1. affirm the right to freedom of thought, conscience and religion for all individuals, including the right not to adhere to any religion, and protect the right of all not to be compelled to perform actions that go against their deeply held moral or religious beliefs, while ensuring that access to services lawfully provided is maintained and the right of others to be free from discrimination is protected;

5.2. promote reasonable accommodation of the deeply held moral or religious beliefs of all individuals in cases of serious conflict to enable citizens to freely manifest their religion or belief in private or in public, within the limits defined by legislation and provided that this is not detrimental to the rights of others;

5.3. repeal any law or rule which establishes a discriminatory distinction between religious minorities and majority beliefs;

5.4. ensure easy-to-implement options for children or parents to obtain exemptions from compulsory State religious education programmes that are in conflict with their deeply held moral or religious beliefs; such options may include non-confessional teaching of religion, providing information on a plurality of religions, and ethics programmes.”

It should be noted that Resolutions are not binding on the Council of Ministers.

Ireland and abortion

The Irish Citizens’ Assembly, which was set up by the Oireachtas to advise it on a number of ethical and political issues facing Ireland, has voted to recommend repeal of the Eighth Amendment to the Constitution, which inserted Article 40.3.3° into the text, as follows:

“The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.”

In effect, it introduced a constitutional ban on abortion except where there was a serious risk to the woman’s life. Even so, in A, B and C v Ireland [2010] ECHR 2032, the ECtHR ruled against the Government on what it perceived to be an absence of provision for abortion in the case of a risk to the life of the pregnant woman and the issue was given further impetus by the tragic death in 2012 of Savita Halappanavar, who presented with back pain at University College Hospital, Galway, was found to be miscarrying and died of septicaemia a week later.

The Assembly, which is chaired by a Supreme Court judge, Ms Justice Laffoy, voted by 64% to 36% in favour of having no restrictions in early pregnancy, while four members voted in favour of abortion without any restriction as to gestational age. Laffoy J will present a report to the Oireachtas on members’ recommendations by late June. If the report is accepted in principle, to change the law will require a referendum and primary legislation.

Disputed property and Church privileges

The judgment in Sociedad Anónima del Ucieza v Spain [2014] ECHR 1186 – about a dispute over the double registration of former property of the Roman Catholic Church – has now become final, after the Grand Chamber panel rejected the Spanish Government’s request for referral. We noted the original judgment here and the decision on just satisfaction here.

Bishop of Llandaff

The Church Times reported that the new Bishop of Llandaff is to be June Osborne, the current Dean of Salisbury. Next: an election for a successor to Archbishop Barry Morgan as Archbishop of Wales.

From our correspondent in Italy

Whilst Frank has been manning the blog during the week, here’s another in our occasional series “you’d have difficulty in obtaining a faculty for that”, observed by David on his walking holiday.

The Duomo in Matera, Puglia.

Quick links

The state of the blog

Though things have improved considerably, we are still experiencing random drop-outs and we haven’t had any kind of explanation from our service provider. Our profound apologies and our thanks to everyone for their patience. All we can say is that it’s driving us barmy as well.

And finally… I

The admirable Pew Research Center has published 5 facts about the death penalty in the US. It omits Fact 6 either on grounds of taste or, perhaps, because it’s too obvious: it kills people…

And finally… II

You couldn’t have made up the media reactions to the service at Worcester Cathedral last Sunday to mark the start of the British Asparagus Festival, complete with a guy dressed as a stick of the aforementioned comestible. Asparagus me, Domine, hyssopo … or perhaps you’d rather have hollandaise with that.

Law and religion round-up – 9th April

“Egg-bound” thinking by Church and State this week…

… but un oeuf is un oeuf, and so no more egg-related puns. However, we certainly didn’t expect the CofE Easter story statement to be about the “Trinity of Chocolate” (Cadbury, Rowntree and Fry). It was left to Dr Michael Sadgrove, Dean Emeritus of Durham, to inject a degree of sanity into the Church’s position in his comments to the Church Times.

Gratefully accepting a gift-horse of a metaphor, the BHA described it as a storm in an eggcup; it was a gift to the cartoonists and bloggers, while Quakers might shed a silent tear for three businesses founded by Friends. Meanwhile, the willingness of Theresa May to wade into this media-generated nonsense emphasized her lack of action on weightier matters. David Tollerton, of Exeter University, suggests that the whole affair is redolent of “dog-whistle politics”: an undercooked mess that feeds English nationalism, while Esther McConnell, a direct descendant of John Cadbury, pointed out in a tweet that, as a Quaker, he didn’t celebrate Easter anyway.

A busy week in the courts Continue reading

Law and religion round-up – 26th March

A week in which events were totally overshadowed by the attack in Westminster

A thoughtful consideration of those events from an insider’s point of view was presented by the Rt Revd Nick Baines, Bishop of Leeds, in his Yorkshire Post article From a Palace of democracy to an Abbey of prayer, the best and worst of humanity, written just two hours after the end of the lockdown of parliamentarians and others, who had been transferred to Westminster Abbey.

Progress on Brexit

Prior to the Commons consideration of the Pension Schemes Bill [Lords] and the subsequent adjournment and lockdown of the parliamentary estate, a first reading was given to Tim Farron’s Ten Minute Rule Bill, Terms of Withdrawal from the European Union (Referendum). A second reading was scheduled for Friday 12 May – although its chances of becoming law are zero. Continue reading