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Legal news from Tuesday, September 4, 2012 |
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Cambodia to deport founder of Pirate Bay file-sharing site
Sung Un Kim on September 4, 2012 12:35 PM ET

[JURIST] Cambodian officials said Tuesday that they will deport the Swedish founder of the file-sharing website The Pirate Bay (TPB) [media website]. The announcement came after visiting Swedish officials [Telegraph report] presented the Cambodian authorities with the conviction and prison sentence against Gottfrid Svartholm Warg. The founder of the controversial website was charged and convicted for breaching copyright laws. He was arrested last week in Phnom Penh, where he supposedly resided for years, upon the request by Swedish officials. Neither the destination nor a specific date for the deportation was set. Among the convicted were also Peter Sunde and Fredrik Neij, co-founders of TPB. They argued that the operation of TPB is legal and protected under Article 10 of the European Convention on Human Rights [text], which deals with freedom of expression.
In June Sunde and Neij filed appeals [JURIST report] in the European Court of Human Rights (ECHR) [official website] challenging their convictions. The appeals came after the Swedish Supreme Court [official website, in Swedish] rejected [JURIST report] their appeal in February. In November, the Swedish Svea Appeals Court [materials] upheld [JURIST report] the convictions against the TPB founders. In June 2009 several Hollywood production companies filed suit [JURIST report] in Sweden against the operators of TPB, seeking an injunction. The US companies, including Disney, Universal and Columbia Pictures, filed a writ to sue in the Stockholm District Court, requesting that the court order the owners to cease and desist operations.


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UN rights expert urges access to justice for those living in poverty
Sarah Posner on September 4, 2012 11:23 AM ET

[JURIST] A UN expert on Monday urged member states to improve access to justice for the poor [UN News Centre report], explaining that ensuring access to justice is a necessary step to combating poverty. The Special Rapporteur on extreme poverty, Magdalena Sepulveda, explained that access to justice is a human right and also an essential element to ending poverty worldwide. Sepulveda called on member states to ensure that poverty is not a barrier to access to justice and urged states to pledge that they will work towards improving access to justice for the poorest members of their communities. Sepulveda will provide a platform that details the steps member states should take to ensuring access to justice to the most marginalized members of their community. Sepulveda explained that "Concrete actions must be taken to ensure that all individuals are empowered to claim their rights, demand effective remedies and accountability. ... Without this, we are left with a two-tier rule of law: a reality for the privileged, but only rhetorical for the poor and excluded." A report detailing the obstacles presented to ensuring access to justice for those living in poverty will be presented before the General Assembly next month.
Ending discrimination and equal access to justice have recently been key goals for the UN. Last month UN Secretary-General Ban Ki-moon said that ending discrimination against women is necessary to fix the problem of global poverty [JURIST report]. Speaking before the World Congress of Global Partnership for Young Women in Seoul, South Korea, Ban declared that while women around the world have made tremendous advances in fields such as business, law and government, laws and policies that discriminate against women hamper not only women's rights but prevent nations from climbing out of poverty. In 2011 the UN Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul called for integration of a gender perspective [JURIST report] into countries' criminal justice systems on. The annual report "addresses the need to consider and integrate a gender perspective in the criminal justice system as a fundamental step towards allowing equal access to justice for women and men and in respect of the role to be played by judges and lawyers."


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UK Christian discrimination case to be heard in Europe rights court
Sarah Paulsworth on September 4, 2012 10:02 AM ET

[JURIST] The European Court of Human Rights (ECHR) [official website] is expected to hear arguments this week in a landmark case involving alleged workplace discrimination in the UK against four practicing Christians. Two of the applicants, British Airways employee Nadia Eweida and geriatrics nurse Shirley Chaplin, seek relief from workplace prohibitions against employees visibly wearing crosses [AFP report]. The other two applicants, registrar of the London Borough of Islington Lillian Ladele and therapist Gary McFarlane, say they were wrongfully terminated due to their religious beliefs [Guardian report]. Ladele refused to officiate same-sex civil ceremonies, and McFarlane refused to provide therapy to same-sex couples. In their application to the ECHR, all four applicants have invoked Article 9 (freedom of religion) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights [text, PDF]. Courts in the UK rejected all four claims. The ECHR is not expected to issue its decision on the case until several months after the case is heard.
Earlier this year, the UK's Equality and Human Rights Commission [advocacy website] said the UK tribunals had ruled properly [BBC report] on the cases, but may not have given sufficient weight to Article 9 in Ladele and McFarlane's cases. In 2010, the UK passed the Equality Act, which combined the country's anti-discrimination legislation including the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation) Regulations 2003[4] and the Employment Equality (Age) Regulations 2006. In November 2009, a UK heterosexual couple whose civil partnership [Directgov backgrounder] application was denied [BBC report] by their local town council announced they planned to challenge the refusal [JURIST report] in court. Tom Freeman and Katherine Doyle are the first heterosexual couple to apply for a civil partnership in the UK, where same-sex couples may obtain legal recognition with rights akin to those of a married couple. They allege that the denial constitutes discrimination based on sexual orientation, and that such a distinction amounts to segregation in matrimonial law.


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