Articles in: Ecclesiastical Law and Freedom of Religion

I Can Die in Peace, Says Hindu, After Judges Back Fight for Open-Air Pyre

Andrew Norfolk
Times, February 11, 2010, 18
The Court of Appeal (CA) has ruled that Hindus and Sikhs in Britain can cremate their dead on funeral pyres. The landmark ruling follows a case brought by Davender Kumar Ghai, a 71-year-old Hindu, who wanted the right to be cremated by “sacred fire”, according to the ancient diktats of his religion. Mr Ghai’s request …

Art. 09 Freedom of Thought, Conscience and Religion, Ecclesiastical Law and Freedom of Religion, Environmental and Planning Law, Health and Safety Law

Copsey –v- WWB Devon Clays Ltd.

The Court of Appeal’s decision in Copsey –v- WWB Devon Clays Ltd [2005] EWCA Civ 932 deals with the application of Article 9(1) of the European Convention on Human Rights in the context of the question of whether an employer was justified in dismissing a devout Christian who refused to accept a variation in his working hours which would have …

Art. 09 Freedom of Thought, Conscience and Religion, Ecclesiastical Law and Freedom of Religion

Masaev v. Moldova

The applicant complained of having been fined for practising Muslim rituals, of not having had an effective remedy to challenge this, and of not having been invited to appear at the court hearing of his appeal.

Art. 09 Freedom of Thought, Conscience and Religion, Ecclesiastical Law and Freedom of Religion, Strasbourg Case Law

Percy v Church of Scotland Board of National Mission [2006] 2 AC 28

Percy v Church of Scotland Board of National Mission concerned a claim by an associate minister in a parish of the Church of Scotland that she had suffered unlawful sex discrimination in the handling of an allegation of misconduct made against her, namely that she allegedly had an affair with a married elder in the parish.  The employment tribunal dismissed …

Discrimination Law, Ecclesiastical Law and Freedom of Religion

Glasgow City Council v McNab [2007] IRLR 476, EAT

A church body or an association with religious and philosophical objects is capable of possessing and exercising the rights contained in Article 9 ECHR, but in Glasgow City Council v McNab   the Employment Appeal Tribunal refused to allow the Catholic Church to intervene in a dispute concerning a claim by an individual

Art. 09 Freedom of Thought, Conscience and Religion, Ecclesiastical Law and Freedom of Religion

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.