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Chapter

Cover Sentencing and Punishment

9. Experiencing imprisonment  

This chapter reviews the impact of imprisonment on specific groups of prisoners. It discusses the experience of imprisonment for specific groups, including women and ethnic minorities. Issues discussed include the problems facing female prisoners in maintaining family contact and the health needs of women in prison. The treatment of BAME prisoners is also considered, with reference to a range of issues, including racial harassment and discrimination. The problems facing foreign national prisoners are also discussed. Other groups considered include religious minorities, TACT prisoners, LGBTQ + prisoners, prisoners with disabilities, and older prisoners. Policies which aim to reduce the risk of unfair treatment are also examined.

Chapter

Cover Human Rights Law Directions

16. Article 9: freedom of thought, conscience, and religion  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses Article 9, which establishes a general right to freedom of ‘thought, conscience, and religion’. The right to ‘manifest’ belief is ‘qualified’ in the sense that justified interferences are allowed. The duty of a court addressing an Article 9 issue is to decide whether there has been an interference, for which the state is responsible, that either restricts a person in holding religious beliefs or restricts the manifestation of belief. Manifestations of belief can be restricted if the restriction can be justified under the terms of Article 9(2). Important issues involving conscientious objection and the wearing of religious dress both in the context of employment and generally are considered in relation to justification. Article 9 can often be invoked in tandem with other Convention rights that also help to secure freedom of religion and belief.

Chapter

Cover Smith & Wood's Employment Law

4. Discrimination in employment  

This chapter discusses anti-discrimination law in the UK in the employment sphere. After providing a brief history of the development of UK discrimination law, it introduces the Equality Act 2010, explaining the forms of discrimination it covers and how it works. Key concepts of equality law are then discussed, including direct and indirect discrimination, harassment, and victimization. The chapter examines each protected characteristic in turn, highlighting the issues specific to each, including equal pay, sex-discriminatory dress codes, the additional protections against discrimination afforded to disabled people, compulsory retirement ages, and the apparent clash between protections against sexual orientation discrimination and religious discrimination.

Chapter

Cover Smith & Wood's Employment Law

4. Discrimination in employment  

Ian Smith, Owen Warnock, and Gemma Mitchell

This chapter discusses anti-discrimination law in the UK in the employment sphere. After providing a brief history of the development of UK discrimination law, it introduces the Equality Act 2010, explaining the forms of discrimination it covers and how it works. Key concepts of equality law are then discussed, including direct and indirect discrimination, harassment, and victimization. The chapter examines each protected characteristic in turn, highlighting the issues specific to each, including equal pay, sex-discriminatory dress codes, the additional protections against discrimination afforded to disabled people, compulsory retirement ages, and the apparent clash between protections against sexual orientation discrimination and religious discrimination.

Chapter

Cover Complete Equity and Trusts

9. Charitable trusts  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on charitable trusts discusses the following: the legal and tax advantages of charitable status; the role of the Charity Commission; the legal definition of charity; the four heads of charity: poverty, education, religion, and other purposes beneficial to the community, such as help for the old and sick, animal welfare and recreation; the additional categories of charity introduced by the Charities Act 2011, the difference between the different public benefit requirements for different types of charity; and the basis of the cy-près doctrine.

Chapter

Cover The Law of Trusts

18. The law governing charities  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on charitable trusts. Charitable trusts are not subject to the beneficiary principle. These are valid purpose trusts that are enforced, not by beneficiaries, but by the Attorney-General or the Charity Commission. Charities are generally exempt from most taxes. The conditions for charitable status; the charitable character of public purpose trusts; trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; trusts for other purposes beneficial to the community; the law concerning the public benefit requirement; and the application of the cy-près doctrine to save charitable trusts from failure are discussed.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

12. Article 9: Freedom of Thought, Conscience, and Religion  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

This chapter discusses Article 9 of the European Convention on Human Rights, which covers forms of both religious and non-religious belief. Few Articles of the Convention have generated as much controversy as Article 9, from complaints about curbs on religious dress and displays of religious symbols to conflicts over faith in the workplace. In the past three decades, the Court has made important strides in formulating its own guidelines in relation to freedom of thought, conscience, and religion. The chapter considers the restrictions on belief permitted by Article 9.

Chapter

Cover Employment Law

15. Religious discrimination  

This chapter deals with religious discrimination law under the Equality Act. It discusses the historical background of religious discrimination law, protected characteristics, prohibited conduct on grounds of religious discrimination,. Religion and belief is not specifically defined in the statute, and is left for the courts to define. Atheists are protected, but beliefs which ‘conflict with the fundamental rights of others’ are not. Dress codes are one of the most contested topics in this area of law. There are also specific exceptions for religious employers. The chapter also considers the conflict and competing interests between religious discrimination and other protected characteristics, such as sexual orientation and gender reassignment.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

12. Article 9: Freedom of thought, conscience, and religion  

David Harris, Michael O’Boyle, Ed Bates, Carla Buckley, and Peter Cumper

This chapter discusses Article 9 of the European Convention on Human Rights, which covers forms of both religious and non-religious belief. Few articles of the Convention have generated as much controversy as Article 9, from complaints about curbs on religious dress and displays of religious symbols to conflicts over faith at the workplace. In the past two decades, the Court has made important strides in formulating its own guidelines in relation to freedom of thought, conscience, and religion.

Chapter

Cover The Oxford Handbook of Criminology

21. Religion, crime, and violence  

Simon Cottee

This chapter explores the relationship between crime and religion, focusing in particular on jihadist religious violence. It is concerned to explain why the relationship between religion and violence is so contested and how it has been understood or, in some cases, explained away. It also addresses the construction of religion in criminology as a ‘prosocial’ social control mechanism, and goes on to sketch out how criminology can engage more fully and fruitfully with religious-based violence.

Chapter

Cover International Human Rights Law

23. Human rights in practice: the COVID-19 pandemic  

This chapter provides a case study of some of the implications in international human rights law of the SARS-CoV-2 COVID-19 pandemic, considering positive obligations on States and obligations to work together, as well as a range of rights and freedoms including the right to the highest attainable standard of health, right to privacy, family rights, and freedom of movement. In contrast to earlier chapters which focused on one right/freedom or groups of rights holders, this chapter demonstrates the complexities of human rights in reality by overviewing some of the rights and freedoms engaged by the acts and omissions of governments responding to the COVID-19 pandemic.

Chapter

Cover Concentrate Questions and Answers Human Rights and Civil Liberties

11. Freedom of Religion, Association, and Peaceful Assembly  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties; offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers freedom of religion, freedom of association, and the right to peaceful assembly, including the scope of those rights, their protection in domestic law and under the ECHR and their application to matters such as religious practices, trade unions, and political organisations, and the right to demonstrate.

Chapter

Cover Human Rights Law Concentrate

7. Freedom of religion and expression  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of religion and freedom of expression, which are classified as qualified rights, and examines Article 9 of the European Convention on Human Rights (ECHR), which explains the right to hold or not hold a belief as well as the right to manifest a belief. It also considers how the European Court of Human Rights (ECtHR) decides if there has been manifestation of belief, interpretation of Article 10 with respect to views that shock and disturb and some forms of hate speech, and state restriction of expression. The chapter concludes with a discussion of freedom of religion and expression in the UK.

Chapter

Cover Employment Law in Context

11. The Protected Characteristics  

This chapter analyses the ‘protected characteristics’ in the Equality Act 2010. These include sex, gender re-assignment, pregnancy, and maternity discrimination; race discrimination; religion or belief discrimination; sexual orientation, marriage, and civil partnership discrimination; and age discrimination. It examines these protected characteristics in detail, including some of the ‘boundary disputes’ which arise in the case of some of them. It then explores the genuine occupational requirements exception; the mechanics of the reversed burden of proof in discrimination cases; and the law of vicarious liability in the context of discrimination. Finally, the chapter sets out the various remedies available where a claimant is successful in his/her discrimination complaint before an employment tribunal.

Chapter

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

17. Freedom of Thought, Conscience, and Religion  

This chapter examines the protection of the freedom of thought, conscience, and religion in the European Convention on Human Rights. It explains the provisions of Article 9 and the definition that has been given to the concepts of ‘religion’, ‘belief’, and the ‘manifestation of religion or belief’. It analyses the decisions made by the Strasbourg Court in several related cases, including those involving proselytism, the wearing of religious dress and symbols, the manifestation of religion and belief by prisoners, the conscientious objection to military service, immigration issues which touch on the freedom of religion, and the recognition and authorisation of religious organisations.

Chapter

Cover Public Law

21. Protecting Human Rights Case Studies: School Uniforms, Terrorism, and Prisoner Voting  

This and the previous chapter examine how human rights are protected in the domestic courts of the UK. This chapter examines three rather different case studies that illustrate some of the key issues of practice and principle that arise when human rights claims are litigated. The first of these is the case brought by Shabina Begum challenging her school’s refusal to allow her to wear a jilbab to school. The second case study considers the application of the Human Rights Act in the context of anti-terrorism measures. The third considers prisoner voting a matter that has caused considerable tension because of the UK’s reluctance to comply with decisions of the European Court of Human Rights.

Book

Cover Concentrate Questions and Answers Human Rights and Civil Liberties
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. After an introduction, it covers: the nature and enforcement of human rights and civil liberties; the European Convention on Human Rights; the Human Rights Act 1998; the right to life; freedom from torture and inhuman and degrading treatment; due process, liberty and security of the person, and the right to a fair trial; prisoners’ rights; the right to private life; freedom of expression; and freedom of religion, association, and peaceful assembly.

Chapter

Cover Concentrate Questions and Answers Human Rights and Civil Liberties

1. Exam Skills for Success in Human Rights and Civil Liberties Law  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter briefly sets out the book’s purpose, which is to assist students preparing for an examination in human rights and civil liberties, and also offers some suggestions regarding coursework and taking exams.

Book

Cover Human Rights Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Human Rights Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so that you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed, and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers: the European Convention on Human Rights; the Human Rights Act 1998; right to life and freedom from ill treatment; right to liberty and right to fair trial; right to family and private life; freedom of religion and expression; freedom of assembly and association; freedom from discrimination; and terrorism. This, the fourth edition, has been fully updated with all the recent developments in the law.

Chapter

Cover Public Law

20. Using Human Rights in the United Kingdom Courts  

This chapter examines the use of human rights in the domestic courts of the UK. The chapter is organized as follows. Section 2 considers the main features of the Human Rights Act 1998 (HRA). Section 3 looks at the issue of judicial deference to the executive and Parliament in human rights situations. Sections 4 and 5 examine two case studies. The first of these is the litigation brought by Shabina Begum challenging her school’s decision preventing her from wearing a jilbab to school. The second case study considers the litigation that followed the enactment of Pt IV of the Anti-terrorism, Crime, and Security Act 2001, and the challenges to control orders imposed under the Prevention of Terrorism Act 2005.