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 Post subject: Ebrahimian v France
PostPosted: Sat Nov 28, 2015 12:53 am 
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Ebrahimian v France has just come to my attention via a solicitor's email. I'm abroad at the moment and internet is slow, so maybe someone would care to loo it up and copy. It's one for all who don't like religious headwear!


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 Post subject: Re: Ebrahimian v France
PostPosted: Sat Nov 28, 2015 10:45 am 
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November 26, 2015 - European Convention of Human Rights

France: Court judgement in Muslim veil human rights row


Judges ruled today that a decision not to renew a French social worker’s contract, who refused to remove her veil, did not breach human rights law.

In its judgment in the case of Ebrahimian v. France (application no. 64846/11) the European Court of Human Rights held, unanimously, that there had been

no violation of Article 9 (right to freedom of religion) of the European Convention on Human Rights.

The court noted that wearing the veil had been considered by the authorities as an ostentatious manifestation of religion that was incompatible with the requirement of neutrality incumbent on public officials in discharging their functions.

The applicant Christiane Ebrahimian, had been ordered to observe the principle of secularism within the meaning of Article 1 of the French Constitution and the requirement of neutrality deriving from that principle.

According to the national courts, it had been necessary to uphold the secular character of the state and thus protect the hospital patients from any risk of influence or partiality in the name of their right to their own freedom of conscience.

The necessity of protecting the rights and liberties of others – that is, respect for everyone’s religion – had formed the basis of the decision in question.

The court found that the national authorities had not exceeded their margin of appreciation in finding that there was no possibility of reconciling Ebrahimian’s religious convictions with the obligation to refrain from manifesting them, and in deciding to give precedence to the requirement of neutrality and impartiality of the state.

http://www.humanrightseurope.org/2015/1 ... ights-row/

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 Post subject: Re: Ebrahimian v France
PostPosted: Sat Nov 28, 2015 10:48 am 
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cant find an English language version

http://hudoc.echr.coe.int/eng?i=001-122323#{"itemid":["001-122323"]}

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 Post subject: Re: Ebrahimian v France
PostPosted: Fri Dec 04, 2015 7:01 pm 
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I haven't had time to look yet, but it's an interesting case even though it doesn't directly affect the ph and taxi trade.


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 Post subject: Re: Ebrahimian v France
PostPosted: Fri Dec 04, 2015 7:32 pm 
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roythebus wrote:
I haven't had time to look yet, but it's an interesting case even though it doesn't directly affect the ph and taxi trade.

The main judgement that affects our license fees comes from a case about a street trader.

And one of the most often quoted judgements about reasonableness is about a cinema.

In other words it doesn't have to be directly aimed at us, to be directly aimed at us. :wink:

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 Post subject: Re: Ebrahimian v France
PostPosted: Sat Dec 05, 2015 2:44 pm 
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Precisely; in the bus industry a case about a tipper truck in Yugoslavia has a profound effect on the need for tacos here as does another tacho case from Sweden which defines "hire and reward". And the Glockner Amulanz case from Germany says that minibus drivers in the voluntary sector must have PCV entitlement.


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