Skip to content
Head of Legal Logo Head of Legal Logo
  • Home
  • Me
  • CV
  • Even in a niqab, the defendant must be heard

    Carl Gardner
    September 19, 2013

    I’m no friend of the niqab. It’s the symbol of an oppressive ideology, and I look forward to its disappearance from the streets of Britain (which I think likely in my lifetime) and everywhere. I doubt a total ban’s a […]

    Tags: courts, crime, human rights, religion
  • The niqab ruling: my detailed comments

    Carl Gardner
    September 19, 2013

    Here’s Monday’s ruling by His Honour Judge Peter Murphy, that a female Muslim defendant at Blackfriars Crown Court may not give evidence wearing a niqab, or face veil. If you click on the highlighted phrases in the document, either in the […]

    Tags: courts, crime, human rights, religion
  • Strasbourg judgment: Eweida and others v UK

    Carl Gardner
    January 15, 2013

    Nadia Eweida has succeeded in her claim that the UK breached her right to manifest her religion under article 9 of the European Convention on Human Rights. Readers may remember that she worked for British Airways, and refused to abide […]

    Tags: discrimination, ecthr, employment, human rights, religion
  • Family arbitration needs a clear legal framework

    Carl Gardner
    February 23, 2012

    I’ve written a piece for the Guardian Law website today, about yesterday’s launch, by the new Institute of Family Law Arbitrators, of a scheme of binding family law arbitration. The scheme itself doesn’t worry me: I’m sure the IFLA’s […]

    Tags: ADR, arbitration, family, legislation, religion, sharia
  • EHRC observations in Strasbourg “religitigation” cases

    Carl Gardner
    September 28, 2011

    A few weeks ago Adam Wagner at the UK Human Rights Blog told us the ECHR had changed the stance it took in July on a series of religious discrimination claims currently being pursued in the European Court […]

    Tags: discrimination, employment, human rights, religion
  • France, the veil and freedom of religion

    Carl Gardner
    July 9, 2010

    This week the French National Assembly has finally been debating the government’s proposed legislation banning the wearing of the “full face veil” – the niqab, burka or any other piece of clothing that hides the face. I wrote in […]

    Tags: france, human rights, religion
  • Short shrift for Lord Carey

    Carl Gardner
    April 30, 2010

    Lord Carey’s complaints about secularist oppression of Christians and call for “faith-sensitive” judges have received an unusually direct response from Laws LJ in his Court of Appeal ruling refusing permission to appeal in McFarlane v Relate Avon, the […]

    Tags: discrimination, employment, religion, religitigation
  • Arresting the Pope: a Catholic response

    Carl Gardner
    April 19, 2010

    I’m interested in the response by the Catholic Union to the recent suggestion that the Pope should be arrested and held legally liable for his alleged failure to tackle the sexual abuse of children. The full pdf file […]

    Tags: crime, human rights, religion
  • Lord Carey and “religion-sensitive” judges

    Carl Gardner
    April 19, 2010

    I agree entirely with Afua Hirsch’s piece in the Guardian today – at least on religitigation, Lord Carey and his call for “religion-sensitive” judges. She’s right: to create a panel of specially faith-sensitive judges would be a wholly retrograde […]

    Tags: courts, discrimination, human rights, religion, religitigation
  • Charon QC podcast: arresting the Pope, is legislation invalid, and a hung Parliament – who gets to be PM?

    Carl Gardner
    April 16, 2010

    Charon QC interviewed me this afternoon as part of his “20 minutes” series of podcasts. First we spoke about arresting the Pope following my post earlier today. The we moved on briefly to discuss the former UKIP MEP Ashley […]

    Tags: charon qc, crime, government, house of lords, international, parliament, podcasts, religion
12Next
Copyright 2022 Carl Gardner. Site by Samsara
Page load link
Go to Top