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Human rights law update

07 April 2011 / Susan Nash
Issue: 7460 / Categories: Features , Public , Human rights
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Susan Nash examines a variety of human rights & wrongs

The applicant association in Mouvement Raëlien Suisse v Switzerland (application no. 16354/06) complained that a refusal to permit a poster campaign to promote its aim of making contact with extraterrestrials was in breach of Art 9 (freedom of thought, conscience and religion) and Art 10 (freedom of expression). The Movement had been the subject of criminal complaints about publications promoting sexual practices involving children. It also promoted cloning, which was prohibited under Swiss law, and had been critical of contemporary democracies. Although it was undisputed that the poster did not contain anything unlawful or shocking, either in its wording or in the illustrations, it featured the association’s website address which had links to cloning services.

The European Court of Human Rights (ECtHR) shared the Swiss government’s view that making public space available for a poster campaign could give the impression that the state approved of such conduct. The website in question was accessible to everyone, including children, which could amplify the

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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