Cardiff University | Prifysgol Caerdydd ORCA
Online Research @ Cardiff 
WelshClear Cookie - decide language by browser settings

Underrating human rights: Gallagher v Church of Jesus Christ of Latter-day Saints

Sandberg, Russell ORCID: https://orcid.org/0000-0002-4310-9677 2009. Underrating human rights: Gallagher v Church of Jesus Christ of Latter-day Saints. Ecclesiastical Law Journal 11 (1) , pp. 75-80. 10.1017/S0956618X09001677

[thumbnail of Underrating_Human_Rights.pdf]
Preview
PDF
Download (58kB) | Preview

Abstract

The Human Rights Act 1998 has led to an increase in domestic litigation concerning Article 9 of the European Convention on Human Rights (ECHR). Most such cases have been unsuccessful, particularly at higher level. Moreover, such claims have increasingly failed due to lack of interference under Article 9(1) rather than on grounds of justification under Article 9(2). This has meant that litigants in religious dress cases are now arguing anything but Article 9: the most recent case, concerning the wearing of the Sikh Kara in Aberdare, was successful because, while the school saw the issue as one concerning Article 9, the claimant's legal team relied instead on race and religious discrimination laws. It is not surprising, therefore, that the House of Lords rejected the most recent argument made on grounds of Articles 9 and 14. It is the merits of that argument and the haste displayed in its rejection that are the focus of this brief comment.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Cambridge University Press
ISSN: 0956-618X
Related URLs:
Last Modified: 15 May 2023 16:58
URI: https://orca.cardiff.ac.uk/id/eprint/19000

Citation Data

Cited 4 times in Scopus. View in Scopus. Powered By Scopus® Data

Actions (repository staff only)

Edit Item Edit Item

Downloads

Downloads per month over past year

View more statistics