London, 11 July 2014

On 1 July, the European Court of Human Rights (ECtHR) issued its judgment in S.A.S. v France, in which it considered a French law in force since 2011 which bans the concealment of one’s face in public. The applicant, a Muslim woman who sometimes wears a niqab or burqa in public, complained that the law violated her rights to respect for her private life, freedom of religion and freedom from discrimination, amongst others, under the European Convention on Human Rights and Fundamental Freedoms (ECHR). In a controversial and unwelcome decision, the Court found no violation of Convention rights, holding that the restriction placed on the applicant’s religious freedom and private life by the law could be justified by a desire to guarantee that everyone can “live together” in society.

London, 5 February 2014

On 23 January 2014, the European Court of Human Rights (ECtHR), in the case of Montoya v France, found that the provision of a supplementary monetary award to Arab and Berber former auxiliary fighters during the Algerian war, but not those of European origin, was not a violation of the right to non-discrimination under Article 14 of the European Convention on Human Rights and Fundamental Freedoms (the Convention) as the differential treatment of the particular group could be justified. 

London, 31 May 2013

On 28 May 2013, the European Court of Human Rights (ECtHR), in the case of Eremia and Others v Moldova (Application no. 3564/11) held that the state’s failure to take decisive action in a domestic violence case breached the European Convention on Human Rights and Fundamental Freedoms (the Convention). Specifically, the Court found that the failure of the state to fulfil its positive obligations breached the right to be protected from inhuman treatment (Article 3); the right to private life (Article 8); and the prohibition of discrimination (Article 14). 

London, 25 April 2013

Three states have recently joined the progressive trend towards recognising in law the equal right to marry regardless of sexual orientation. On 10 April 2013, Uruguay became the second country in South America to legalise same-sex marriage, after Argentina. On 18 April 2013 New Zealand became the first country in the Asia-Pacific region to do so. And on 23 April 2013, France became the 14th country to legalise same-sex marriage. In Uruguay and New Zealand new legislation permitting same-sex marriage was passed by an overwhelming majority of parliamentary votes whilst in France the legislation proved extremely divisive, with numerous protests and a closer vote of 331-225.

London, 24 January 2013

On 15 January 2013, The European Court of Human Rights (ECtHR) issued its long-awaited judgment in Eweida and others v UK, in which it ruled on the joined cases of four Christians who claimed that the UK had violated their rights under Article 9 (freedom of religion) and/or Article 14 (prohibition of discrimination) of the European Convention on Human Rights and Fundamental Freedoms (ECHR). In all bar one of the cases, which involved employees who had either been disciplined or dismissed as a result of their refusal to carry out a part of their job which they felt would be contrary to their Christian faith, the Court found that the UK had not violated the individuals' rights. 

London, 5 July 2012

On 26 June 2012, the Grand Chamber of the European Court of Human Rights (the Court) delivered its judgment in the case of Kurić and others v Slovenia. The case had been brought by eight of the roughly 18,000 people who had been left stateless after Slovenia “erased” their names from the civil registry following their failure to claim citizenship in the months after the country’s declaration of independence on 25 June 1991. The Court found that Slovenia had violated Article 8 and Articles 13 and 14 taken in conjunction with Article 8 of the European Convention on Human Rights (the Convention). In respect to Article 14, the Grand Chamber approach departed from the Chamber approach of 2009.