Thursday, September 29, 2011

A few of the most recent developments at Weaver & Henderson On Point Legal.


What we've been up to:


September 2011Victory for Gay Dutch Couples Seeking Fair Treatment Abroad
Working with Van Hoof Advocaten BV and the Netherlands Institute for Human Rights, On Point Legal was able to secure a victory in a gay rights case. Laura Henderson, of On Point Legal, was involved in submitting an application to the European Court of Human Rights that led to a friendly settlement this month. The case began when one of the territories in the Kingdom of The Netherlands illegally refused to recognize a Dutch woman's wife as a 'spouse' for purposes of an insurance law based on a 'public policy' against homosexuality. On Point Legal argued that this was a discriminatory interference with her right to property (the insurance benefit) and violated the prohibition on discrimination with regard to any right laid down by law.
1 September 2011Victory in Race Discrimination Case
On Point Legal won an anti-discrimination case at the Dutch Equal Treatment Commission (Commissie Gelijke Behandeling, or CGB). The case involved a Chilean national who was denied entry to Havana Cafe in downtown Utrecht. The Commission held that the applicant had established the basic facts for a case of indirect discrimination on the basis of race, and that the circumstances of the incident, such as the Cafe's failure to display and follow clear, objective rules, allowed the Commission to come to no other conclusion than that discrimination on the basis of race had occurred.
August 2011Tax Status of Religious and Charitable Organizations
On Point Legal has been involved in a number of cases across Europe assisting with the proper application of the European Convention on Human Rights in national disputes. One case involves litigation over the issue: Under what conditions may the French Government revoke a religious or charitable organization's tax-exempt status without unreasonably interfering with their freedom of religion? On Point Legal has argued that the French Government did not do the proper balancing in their client's case. This argument is bolstered by the fact that, in another recent case involving over 57 million euros in tax money (application no. 8916/05), the European Court of Human Rights declared that France had been revoking the tax status of certain religious organizations in a way that unreasonably and illegally interfered with their  rights.





For more information, you can find us at www.OnPointLegal.eu


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