Fundamental Rights Law

The new country guidance in the UK on the risk on return for followers of the Sikh and Hindu religions in Afghanistan

TG and others (Afghan Sikhs persecuted) (CG) [2015] UKUT 595 (IAC) (3 November 2015)

This case is identified as a country guidance on the risk on return for followers of the Sikh and Hindu religions in Afghanistan where the essential questions are whether the current situation in Kabul is such that they would be at risk of persecution if removed per se according to Article 9 of Directive 2004/83/EC and the Convention Relating to the Status of Refugees (the Refugee Convention) and whether the rights stated in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) would be violated if removed. Some members of the Sikh and Hindu communities continue to suffer harassment at the hands of Muslim zealots but not all of them are at risk in Afghanistan. Whether any form of discrimination amount to persecution such as to entitle an individual to a grant of international protection is fact sensitive, and will depend upon the individual’s particular characteristics, wealth and background.

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The German Federal Court (BGH) on balancing of IP and copyright against the freedom of the press and freedom of expression

BGH, Urteil vom 14.10.2010, I ZR 191/08

The present case concerns the balancing of IP and Copyright against the freedom of the press and freedom of expression. The German Federal Court (Bundesgerichtshof) reversed the contested decision of the appeal court, because the latter decided that the acts of the respondent (namely the setting of a link which led to the access of an internetsite which was illegal) are not justified on the basis of freedom of expression and freedom of press reporting. According to the German Federal Court (Bundesgerichtshof) the abovementioned acts are covered by the freedom of expression, freedom of opinion and freedom of press reporting on the basis of Article 6 of the Treaty on the European Union (TEU) and Article 11 para. 1 and 2 of the Charter of Fundamental Rights of the European Union (EU Charter).

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