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07 April 2011 / Susan Nash
Issue: 7460 / Categories: Features , Public , Human rights
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Human rights law update

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Susan Nash examines a variety of human rights & wrongs

The applicant association in Mouvement Raëlien Suisse v Switzerland (application no. 16354/06) complained that a refusal to permit a poster campaign to promote its aim of making contact with extraterrestrials was in breach of Art 9 (freedom of thought, conscience and religion) and Art 10 (freedom of expression). The Movement had been the subject of criminal complaints about publications promoting sexual practices involving children. It also promoted cloning, which was prohibited under Swiss law, and had been critical of contemporary democracies. Although it was undisputed that the poster did not contain anything unlawful or shocking, either in its wording or in the illustrations, it featured the association’s website address which had links to cloning services.

The European Court of Human Rights (ECtHR) shared the Swiss government’s view that making public space available for a poster campaign could give the impression that the state approved of such conduct. The website in question was accessible to everyone, including children, which could amplify the impact of a poster campaign. Accepting the authorities had had

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Jurit LLP—Caroline Williams

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Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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