From: | Neil Foster <neil.foster@newcastle.edu.au> |
To: | obligations@uwo.ca |
Date: | 18/10/2021 02:38:11 |
Subject: | Dismissal of tort action against Vatican State |
Dear Colleagues;
An interesting decision of the European Court of Human Rights at the intersection of “law and religion” and tort issues (not to mention private international law): here a summary in English
https://www.documentcloud.org/documents/21084800-judgment-jc-and-others-v-belgium-dismissal-of-civil-action-on-grounds-of-vaticans-jurisdictional-immunity?responsive=1&title=1 . In brief, claimants who had been abused by clergy were suing officers of the
Roman Catholic church in Belgium (these claims were ultimately the result of payments under compensation provisions set up by the church), but were also attempting to sue the “Holy See” (Vatican state). The claim against the State was dismissed on “generally
recognised principles of international law in matters of State immunity”. Thanks to Frank Cranmer of “Law and Religion UK” for the reference:
https://lawandreligionuk.com/2021/10/17/law-and-religion-round-up-17th-october/#more-67712 .
Regards
Neil
NEIL FOSTER
Associate Professor, Newcastle Law School
College of Human and Social Futures
T: +61 2 49217430
E: neil.foster@newcastle.edu.au
Further details: http://www.newcastle.edu.au/profile/neil-foster
My publications: http://works.bepress.com/neil_foster/ , http://ssrn.com/author=504828
Blog: https://lawandreligionaustralia.blog
The University of Newcastle
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resides and pay my respect to Elders past, present and emerging.
I extend this acknowledgement to the Worimi and Awabakal people of the land in which the Newcastle City campus resides and which I work.
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