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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 interference with the applicant's rights.

The applicant in Makhmudov v

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

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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