Say a prayer for Article 9? R (on the Application of TTT) v Michaela School and the question of interference

Sandberg, Russell ORCID: https://orcid.org/0000-0002-4310-9677 2024. Say a prayer for Article 9? R (on the Application of TTT) v Michaela School and the question of interference. Law and Justice Item availability restricted.

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Abstract

This article considers the High Court judgment in R (on the Application of TTT) v Michaela School in which the school’s ban on ritual prayer was held not to breach Article 9 ECHR and equality legislation. This article focuses on how the High Court dealt with the Article 9 claim, in particular the question of whether there had been an interference with the claimant’s right to manifest her religion or belief under Article 9(1). It contends that the restrictive approach to the question of interference was incorrect as a matter of principle, questionable as a matter of law and unnecessary given the High Court’s findings as the other grounds argued. An earlier version of this article appeared on the Law and Religion UK blog. A Spanish language version will appear in Revista General de Derecho Canonico y Derecho Eclesiastico del Estado.

Item Type:	Article
Date Type:	Published Online
Status:	In Press
Schools:	Law Cardiff Law & Politics
Subjects:	K Law > KD England and Wales
Publisher:	Edmund Plowden Trust
ISSN:	0269-817X
Date of First Compliant Deposit:	6 June 2024
Date of Acceptance:	30 April 2024
Last Modified:	09 Nov 2024 04:00
URI:	https://orca.cardiff.ac.uk/id/eprint/168492

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