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Showing posts with label Constitutional Court. Show all posts
Showing posts with label Constitutional Court. Show all posts

Sunday, November 25, 2018

Taiwan Voters Reject Same-Sex Marriage Referendum

Pushing back against political correctness
But in the end, the courts will overrule the will of the people

By Daniel Uria

A crowd of Taiwanese voters react during the initial results of the mid-term election in Kaohsiung, Taiwan. Voters rejected a referendum supporting same-sex marriage after the country's highest court ruled a ban on same-sex marriage was unconstitutional. Photo by Peter Lin/EPA

UPI -- Voters in Taiwan rejected a referendum on LGBT rights, pushing back efforts for same-sex marriage in the country.

The majority of voters approved a measure Saturday stating "Civil Code regulations should restrict marriage to being between a man and a woman" and two other measures opposing same-sex marriage while rejecting measures to legalize same sex marriage and asking if civil code marriage regulations "should be used to guarantee the rights of same-sex couples to get married."

"This result is a bitter blow and a step backwards for human rights in Taiwan. However, despite this setback, we remain confident that love and equality will ultimately prevail," Amnesty International Taiwan's Acting Director Annie Huang said in a statement. "The result must not be used as an excuse to further undermine the rights of LGBTI people. The Taiwanese government needs to step up and take all necessary measures to deliver equality and dignity for all, regardless of who people love."

Tseng Hsien-yin, leader of the Coalition for the Happiness of our Next Generation, a group that opposes gay marriage, said the decision reflected the will of the voters.

"The public have used their ballots to tell the governing authorities what is the mainstream opinion and the result represents a victory for all people who cherish family values and how such values should be taught in schools to the young generation," he said.

The referendum comes after Taiwan's highest court ruled Article 972 of the country's civil code prohibiting same-sex marriage was unconstitutional in May of last year and gave Taiwanese parliament two years to amend it.

Legislators in Taiwan offered differing opinions on whether President Tsai Ing-wen's administration would be required to pass laws reflecting the results of Saturday's referendum or would still be compelled to change the civil code to allow for same-sex marriage.

A lawmaker from the president's Democratic Progressive Party told CNN any positive referendum result "must pass" in the next legislative session, but a legal expert said lawmakers would be left to decide how to respond to the results of the referendum.

Tseng said the Coalition for the Happiness of our Next Generation would "see that the government revise or institute relevant laws and implement the relevant education guidelines for the school curriculums in line with the results."

"We will ... send our drafted bill to the parliament as soon as possible for review and passage because we respect same-sex partnerships and believe there should be a special law for them," he said.

Amnesty International's regional campaign manager for Taiwan, Suki Chung, tweeted that the result "shouldn't be used as an excuse to further undermine the rights of LGBTI people"

"The government must legislate for equality of marriage by 2019 to comply with the Constitutional Court's decision," she wrote.



Tuesday, June 27, 2017

German Courts Penalizing Schools for Following Law Against Hijabs

Muslim teacher awarded €7k compensation for hijab job rejection

© Frank May / Global Look Press

The state of Berlin has been ordered to pay a Muslim teacher €6,900 after she was rejected from a job because her hijab contravened a German law restricting religious symbols in the workplace.

A Berlin labor court awarded the woman two months’ salary in compensation, Zeit Online reports.

German courts have held other similar proceedings this year challenging the workplace neutrality law.

In a separate case, a second woman also rejected over her headscarf is in the process of arguing her case in the Berlin Labor Court.

The two women applied to work at schools in Berlin and were told they wouldn’t be allowed to wear their headscarves at work.

Berlin’s Neutrality Act says state employees, like teachers, nurses and police aren’t allowed to wear religious symbols when at work.

However, in 2015, Germany’s Constitutional Court found blanket bans on state teachers wearing headscarves were unconstitutional.

In its ruling, the court told teachers concerned about freedom of religious expression that "strict and nationwide prohibition of a religious outward statement" is “unreasonable,” except in cases where the headscarf “constitute[s] a sufficiently specific danger of impairing the peace at school or the state’s duty of neutrality,” Spiegel reported.

In February,  a teacher was also awarded €8,680 in an appeal after she was rejected for a job due to her headscarf.

The labor court found the basis for her 2014 job application rejection fell under religious discrimination. Her rejection letter stated she would not be given a job at a general education school because of the Neutrality law.

Thursday, March 9, 2017

South Korean Court Upholds President Park’s Impeachment, Removing Her from Office

Don't you just love it when people rise up and reject corruption?
It almost gives you hope for this world.

People attend a protest against South Korea's President Park Geun-hye in Seoul, South Korea, March 10, 2017. © Kim Hong-Ji / Reuters

The Constitutional Court of South Korea on Friday upheld the impeachment of President Park Geun-hye over her involvement in a high-profile graft scandal that led to the country being gripped with protests.

The court’s verdict was broadcast live on national channel YTN, with all eight judges voting to impeach Park.

"We remove Park Geun-hye from office," Lee Jung-mi, acting president of the court, has announced. "Her actions betrayed the people's confidence. They are a grave violation of law which cannot be tolerated."

An early presidential election is now to be held within 60 days, in accordance with the South Korean constitution.

Thousands of South Korean protesters, both supporting and opposing the impeachment of President Park Geun-hye in connection with a corruption case, are rallying in the streets of Seoul as the Constitutional Court has upheld the removal of Park from office.

The smaller pro-Park rally could be seen on an AP feed waving South Korean and American flags.

The corruption scandal involving Park and her close associate Choi Soon-sil, who was found to be meddling in government affairs despite holding no formal post, broke out in October, sending the country into a continuous string of graft cases and protests. Choi allegedly assisted Park in extorting money from corporations, including tech giant Samsung.

Park was impeached by the South Korean parliament in December 2016, and Choi has been arrested.

Thursday, September 29, 2016

‘Anti-Mosque’ Law (Round Two) Passed in Northern Italy

General view of the main mosque in Rome, Italy © Tony Gentile
General view of the main mosque in Rome, Italy © Tony Gentile / Reuters

The Italian region of Liguria has approved a controversial law that may make it almost impossible for new mosques to be built in the area. Critics describe the law as anti-constitutional.

The set of new rules suggested by the Northern League party was adopted by a narrow majority, with 16 votes in favor and 15 against on Wednesday, according to Italian newspaper Il Secolo XIX.

The new restrictions define the criteria a new religious building should meet to gain a construction permit.

Any such construction must not run counter to the “architectural and dimensional suitability of religious buildings with the general and specific characteristics of the Ligurian landscape,” the paper reported, meaning mosques and minarets may be found “un-Ligurian” and as such don’t belong to the current image of the region.

The law, though not attributed to any particular religion, has been dubbed “anti-mosque” by local media outlets.

Politicians opposed to the legislation, including members of the Five Star Movement (Cinque Stelle) and the Democratic Party (PD), claim the law goes against Italy’s constitution, the Corriere Della Sera newspaper reported.

Marco Scajola, city planning assessor in Liguria, who supports the law, rejected the accusations, saying that “respecting the general characteristics of Liguria's landscape is a merit, not a fault,” l’Occidentale reported. He added that the plan would introduce “clear rules, without overstepping municipalities and citizens.”

The law will also give greater powers to the region’s local authorities to choose the location of new buildings and other criteria that are to be respected. Municipalities will hold referendums to decide whether a new religious building should get the green light. The practice may cause problems since it goes against Liguria’s municipal charter, which bans referendums on matters concerning “single individuals or specific group of people.”

Round One

A similar draft law approved in the region of Lombardy in 2015 was rejected by Italy’s Constitutional Court in February. Lombardy’s bill was to target faiths that are not officially recognized in Italy, but the plan was dismissed since it could “obstruct or compromise freedom of religion.”

Regional authorities in Liguria had to pay special attention to the text of their law to avoid the possibility of the same outcome.

The number of mosques in Italy is relatively low, though one in Rome is said to be among the largest in Europe. Muslims living or visiting Italy often pray in makeshift places of worship set up in rented buildings.

Islam is the only major faith in Italy that does not have official status.

    Liguria, Italy