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04 June 2009 / Susan Nash
Issue: 7372 / Categories: Features , Public , Human rights
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Human rights update

Susan Nash examines a variety of recent human rights cases

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Strikes and demonstrations

In Enerji Yapi-Yol Sen v Turkey (App No 68959/01), the applicant complained that a ban preventing public sector employees from taking part in a one-day national strike in support of the right to a collective bargaining agreement amounted to a breach of Art 11 (freedom of assembly). Finding for the applicant, the European Court of Human Rights (ECtHR) acknowledged that the right to strike was not absolute and could be subject to certain conditions and restrictions. However, while certain categories of civil servants could be prohibited from taking strike action, the ban did not extend to all public servants or to employees of state-run commercial or industrial concerns. In this case the circular had been drafted in general terms, which effectively deprived all public employees of the right to take strike action. The adoption and application of the circular did not answer a “pressing social need” and that accordingly there had been a disproportionate

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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