Archive

Archive for March, 2010

We Want to See Your Face: The Burqa in France, Belgium and Quebec

March 31, 2010 7 comments

Poster for Montreal film-maker Natasha Ivisic's documentary 'I wear the Veil'

 

On International Women’s Day, the EU Commissioner for Human Rights, Thomas Hammarberg released a viewpoint which argued against restrictions on women’s religious dress. He stated that: 

Those who have argued for a general ban of the burqa and the niqab have not managed to show that these garments in any way undermine democracy, public safety, order or morals. The fact that a very small number of women wear such clothing has made proposals in such a direction even less convincing.  Nor has it been possible to prove that these women in general are victims of more gender repression than others. Those who have been interviewed in the media have presented a diversity of religious, political and personal arguments for their decision to dress themselves as they do. There may of course be cases where they are under undue pressure – but it is not shown that a ban would be welcomed by these women. 

Hammarberg seems to be in something of an unfashionable minority.In the past fortnight, three significant stories have broken about the regulation, in France, Belgium and Quebec, of the niqab and burqa worn by some Muslim women.  

Read more…

Capacity to Undertake Jury Service

March 31, 2010 2 comments

The Law Reform Commission’s Consultation Paper on Jury Service launched by the DPP earlier this week recommends removal of the discriminatory provisions in the Juries Act 1976 (as amended) which exclude persons with disabilities from jury service.  The DPP was supportive of the recommendations of the Law Reform Commission in this regard.  The general outline of the Consultation Paper and provisional recommendations are set out in this earlier HRiL blog post. Read more…

Conseil d’État rejects proposed prohibition of burqa, niqab

March 31, 2010 2 comments

The French Conseil d’État, in its capacity as advisory body rather than as administrative court of final appeal, yesterday issued a lengthy report, on the request of the Prime Minister, on the “legal possibilities surrounding the prohibition of the full veil.” This follows controversy and debate in France in recent months surrounding the wearing of the burqa in particular, the publication of the Gerin parliamentary report in January, and the report today that Belgium appears likely to become the first European state to legislate on this issue. In a measured, comprehensive and nuanced report, the Conseil concluded, somewhat predictably, that an outright prohibition on the wearing of the full Islamic veil would like contravene a number of provisions of the French Constitution as well as the European Convention on Human Rights (the report is published online here and the very useful summary here; it is unlikely, however, that either will receive an official translation into English).

Read more…

New Garda Sex Offences Unit to be Established

We at Human Rights in Ireland welcome the announcement by Garda Commissioner Fachtna Murphy yesterday that a new Garda Unit dealing with sex offences is to be established. Speaking at the Annual Conference of the Association of Garda Sergeants and Inspectors in Galway,  Commissioner Murphy said that the publication of the  Murphy and Ryan Reports had “highlighted shameful history of child sexual abuse in this State.”  He continued:

We now see the community looking for answers as to how such abuse occurred and An Garda Síochána has had to ask its own searching questions following critical findings and comment about the manner in which some complaints were investigated. Read more…

Policing the Shell to Sea Campaign

March 31, 2010 25 comments

I’ve blogged previously about the policing of the Shell to Sea Campaign but a number of developments of late are worth noting. Last week 9 activitists were in court on charges of public order but had the charges struck out as the court held that they had been unlawfully held for 27 hours in Garda custody before being brought before a judge.

Indymedia explain that one of the nine cases was used as a test case, that of Eoin Lawless. Mr Lawless was arrested at 2.20pm on 28th June last year, on a public road. He was detained at the Shell site for two hours, before being brought to a police station. He was charged at 9.15pm. He was not brought before a court until 5.30pm the next day. The Supt at court offered the explanation that there insufficient officers at hand to deal with prisoners, but this of course is not a satisfactory reason to deny a person their right to liberty. Read more…

EU Accession to the European Convention on Human Rights

March 31, 2010 Leave a comment

On St Patrick’s Day, while we were engaging in national celebrations, the European Commission was addressing the accession of the EU to the European Convention on Human Rights (ECHR). For those who are not familiar with the history of this issue, the European Convention is the basis of human rights protection across Europe and is under the custodianship of the Council of Europe (an organisation of 47 Member States including all EU Member States). The EU has long harboured an ambition to join the Convention. However, in 1994, a decision of the European Court of Justice (Opinion 2/94) declared that the EU could not join the Convention without an explicit treaty basis allowing it to do so. In the absence of such a basis in the EC and EU Treaties, accession would have to wait. Read more…

Combating Hate Crimes Perpetrated Against LGBT Persons and Persons with Disabilities

March 31, 2010 6 comments

The Commencement Order for the Offences (Aggravation by Prejudice) (Scotland) Act 2009 was issued last week bringing the Act into force.  The legislation creates new statutory offences that protect victims who are attacked on the basis of their disability, sexual orientation or transgender identity in Scotland.   Specifically section 1 of the Act makes provision for offences aggravated by prejudice relating to disability (or presumed disability).  Section 2 of the Act makes provision for offences aggravated by prejudice relating to sexual orientation (or presumed sexual orientation) or transgender (or presumed transgender) identity.  Under the Act where it is proven that an offence was motivated by malice or ill will towards a victim on the basis of their identity the court is required to take that motivation into consideration when determining the sentence to be imposed.   This legislation builds upon Scottish law on hate crimes carried out on the basis of race and religion or belief under the Crime and Disorder Act 1998 and the Criminal Justice (Scotland) Act 2003.  Similar legislation is in force in England and Wales.

Read more…

Follow

Get every new post delivered to your Inbox.

Join 32 other followers