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

Law and religion round-up – 18th June

And in a week overshadowed by the horrendous fire at Grenfell Tower and the fallout from the General Election …

Access for Northern Ireland women to free abortion in England

On Thursday we posted Frank’s analysis of R (A and B) v Secretary of State for Health [2017] UKSC 41 in which the Supreme Court considered:

  • Was the Secretary of State ‘s failure to exercise his power to require abortion services to be provided through the NHS in England to women ordinarily resident in Northern Ireland unlawful as a failure to discharge his duty under s 3 of the National Health Service Act 2006 to “take such steps as he considers necessary to meet all reasonable requirements” for services?
  • Does the continuing failure to provide free abortion services in England to women ordinarily resident in Northern Ireland infringe Articles 14 (discrimination) and 8 (private and family life) ECHR?

The appeal was dismissed by a 3-2 majority, and we suggested that it is quite possible that the case is bound for Strasbourg. 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. Continue reading

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

May a parish council grant-aid a place of worship?

The following is based on a recent submission of the Historic Religious Buildings Alliance (HRBA) to the DCMS English Churches and Cathedrals Sustainability Review and is posted with the kind permission of the HRBA Chairman, Trevor Cooper.

The Historic Religious Buildings Alliance (HRBA) has called on the DCMS English Churches and Cathedrals Sustainability Review to examine and help resolve the current confusion over whether or not parish councils may spend money on local church buildings.

Under the current law, parish councils and similar bodies raise a precept that enables money to be spent on matters that are important to, and benefit, the local community. Continue reading

Law and religion round-up – 5th March

Brexit rumbles on, but perhaps the most important event of the week was the outcome of the Northern Ireland Assembly Election – on which we would not presume to comment…

Son (or more accurately daughter) of Miller?

Gina Miller, who mounted the successful challenge in the Supreme Court to the Prime Minister’s proposal to trigger Article 50 TEU by using the Royal Prerogative, has said that she is looking at launching a new challenge if Parliament is not given a vote on the final terms of Brexit. Speaking to Bloomberg, Ms Miller explained: Continue reading

Law and religion round-up – 19th February

A week dominated by THAT vote in Synod…

The week in Synod

The Rt Rev David Walker, Bishop of Manchester, prefaced the week with a tweet:

“For half term week the C of E sets up a special holiday club called Synod, where we try to play nicely with all the other girls and boys”.

Whether they did “play nicely” was not easy to discern; Continue reading