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07 April 2011 / Susan Nash
Issue: 7460 / Categories: Features , Public , Human rights
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Human rights law update

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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

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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