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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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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