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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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