Corney

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Posts by Corney

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  35

  Jehovah Witnesses lost in Court. Disfellowshipped Sister Reinstated by Court Order?

  by pistolpete in

  1. watchtower
  2. beliefs

  imagine the "faithful" jws who are now having to talk to this person by court order or face the consequences----legally.. exjws are spreading the news and now some exjws who have been disfellowshipped for years are starting to research to see if this is an option in their country.

  here are the articles, you need to translate in google.

  https://www.nrk.no/norge/gry-nygard-ble-ekskludert-fra-jehovas-vitner-_-vant-i-lagmannsretten-1.15570621.

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  Corney

  This was an administrative decision, not a court ruling.

  As to the SC judgment, it's also available here, where it can be easily translated by an in-browser tool.
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  35

  Jehovah Witnesses lost in Court. Disfellowshipped Sister Reinstated by Court Order?

  by pistolpete in

  1. watchtower
  2. beliefs

  imagine the "faithful" jws who are now having to talk to this person by court order or face the consequences----legally.. exjws are spreading the news and now some exjws who have been disfellowshipped for years are starting to research to see if this is an option in their country.

  here are the articles, you need to translate in google.

  https://www.nrk.no/norge/gry-nygard-ble-ekskludert-fra-jehovas-vitner-_-vant-i-lagmannsretten-1.15570621.

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  Corney

  https://www.domstol.no/no/hoyesterett/avgjorelser/2022/hoyesterett---sivil/HR-2022-883-A/

  In an unanimous judgment, a five-judge panel of the Supreme Court ruled for the congregation and found that:

  first, disfellowshipping decisions are justiciable and reviewable by courts in principle, since they have significant consequences for the person's welfare;

  second, the art. 10 of the Religious Community Act of 1969, that "very specifically Norwegian law" the appellate court relied on, is inapplicable in this case;

  third, there is no reason to invalidate the decision in question because the basic guarantees for legal security (due process) were met, and it wasn't based on a manifestly incorrect fact;

  fourth, the plaintiff shall be exempted from paying legal costs of the congregation due to "the welfare significance of the case for [plaintiff] and the uneven balance of power between her as an individual member and Jehovah's Witnesses."

  Decisions to exclude Jehovah's Witnesses are not overturned
  Jehovah's Witnesses - Ski congregation (lawyer René Stub-Christiansen) (Legal assistant: lawyer Anders Christian Stray Ryssdal) against A (lawyer Per Danielsen)
  One woman was excluded from Jehovah's Witnesses because, in the congregation's view, she had exhibited “porneia,” a biblical term for sexual immorality.
  Freedom of religion or assembly, enshrined in the Constitution and the European Convention on Human Rights (ECHR), gives religious communities a large degree of independence, including deciding who should be members. However, the Supreme Court concluded that the exclusion decision had not completely escaped judicial review. Thus, as Jehovah's Witnesses demanded, the case was not dismissed by the courts. It was emphasized that the decision had very great personal consequences for the woman. Jehovah's Witnesses follow a practice that involves a member of the congregation, including the immediate family, avoiding contact with the excluded person.
  Nevertheless, it follows from the freedom of religion that a decision made by a religious community on religious grounds cannot be set aside by the courts solely on the basis that it is highly unreasonable. The judicial review must be limited to whether the basic requirements for due process were met, and whether the decision was based on a materially incorrect fact. After a specific review, the Supreme Court concluded that the exclusion decision could not be set aside on any of these grounds. The decision clarifies the courts' right to review decisions in a religious community.
  Read the decision in its entirety
  Supreme Court judgment 3 May 2022, HR-2022-883-A, (case no. 21-142136SIV-HRET), civil case, appeal against judgment.
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  20

  Jehovah's Witnesses commission secret report highly critical of the Royal Commission into Institutional Responses to Child Sexual Abuse

  by jwleaks in

  1. jw
  2. friends

  on 14 november 2018, australian-based barristers david bennett ac, qc and james gibson presented to watchtower australia and the jehovah’s witnesses organisation their commissioned review and opinion on the findings and recommendations of the royal commission into the institutional responses to child sexual abuse as it related to jehovah’s witnesses.. .

  the review entitled “review of the commission’s investigation into jehovah’s witnesses and its ensuing reports” was divided into four parts, as follows:.

  part one considered the history and powers of royal commissions in general.. .

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  Corney

  Another prominent Australian lawyer prepared a report on the JW child protection policies (which, just as the previous one, is not "secret"). This is Prof. Patrick Peterson, who participated in many inquiries, including the Child Abuse Royal Commission (testified, (co-)authored at least three expert reports for the Commission). One page from his CV reads:

  2017-18: Independent Advisory Council for Redress for Survivors of Institutional Child Sexual Abuse. This Council advised the federal government on the establishment of a national redress scheme, arising out of the Royal Commission on Institutional Responses to Child Sexual Abuse.
  2015: Member, International Expert Group on Family Policy Development, United Nations, New York. This was a meeting convened by the UN’s Department of Economic and Social Affairs to consider issues of family policy.
  2014 –17: Chairperson, Steering Committee: Families and Children Activity Expert Panel, Australian Government. Chair of advisory committee to develop and support the implementation of evidence-based practice in the provision of government-funded services to families and children.
  2014-16: Fellow, Centre for Social Justice, London. The Centre for Social Justice is a leading ‘think-tank’ in England, and I contributed in particular to its work on family breakdown.
  2011-14: President of the International Society of Family Law. The International Society brings together scholars from all over the world concerned with research on family law through world and regional conferences and through publications. Member of the Executive Council of the Society since 2000.
  2011-18: Consultant, International Family Law Group, London
  2007-18, 2021-: Special Counsel, Watts McCray, Lawyers
  2007: Member, Australian Families and Children Council. This Council was a peak advisory body to the Minister for Families, Community Services and Indigenous Affairs.
  2004 –07: Chairperson, Family Law Council. This Council advised the Federal Government on issues concerning family law. Previously, member, 2001-04.
  2004 –05: Chairperson, Ministerial Taskforce on Child Support. This Taskforce was appointed by the Federal Government to review the formulae for the calculation of child support obligations under the Child Support Scheme, and related matters. The Taskforce report resulted in the establishment of a new Child Support Scheme which came into operation fully on July 1st 2008.
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  44

  Three new lawsuits against Watchtower filed under NY Child Victims Act (CVA) this October, bringing number of CVA cases up to six

  by Corney in

  1. watchtower
  2. child-abuse

  new cases:.

  diaz case, filed on 10/21/2020 by zalkin law firm - two plaintiffs abused (here and hereinafter - allegedly) by two ministerial servants in 1970s.. iglesias case, filed on 10/19/2020 by eisenberg & baum, llp against various nyc and wt entities - abused by an "elder john doe" and "[travelling] overseer john" in 1970s and 1980s.. aldridge case, filed 10/06/2020 by zalkin law firm - abused by a congregation elder in 1970s.. older cases:.

  tarry case (no 1 and no 2), filed on 09/17/2019 and 07/23/2020 by parker waichman llp - abused by a publisher in 1984. very weak case.

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  Corney

  Two NY cases (nos. 20 and 22 in my list) have been settled.

  One new case was filed in San Diego County.
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  35

  Jehovah Witnesses lost in Court. Disfellowshipped Sister Reinstated by Court Order?

  by pistolpete in

  1. watchtower
  2. beliefs

  imagine the "faithful" jws who are now having to talk to this person by court order or face the consequences----legally.. exjws are spreading the news and now some exjws who have been disfellowshipped for years are starting to research to see if this is an option in their country.

  here are the articles, you need to translate in google.

  https://www.nrk.no/norge/gry-nygard-ble-ekskludert-fra-jehovas-vitner-_-vant-i-lagmannsretten-1.15570621.

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  Corney

  The Supreme Court of Norway will hear the case next Tuesday and Wednesday (5-6 April). Two of three lawyers before it have their own Wikipedia pages.
  
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  20

  Let's all bask in the reflected glory of actor Sean Penn ...

  by LoveUniHateExams in

  1. social
  2. entertainment

  "i'll smelt my oscars if the academy awards doesn't let zelensky speak!".

  wow, his virtue is so good i can't look at it directly, because it would blind me, lol.. yep, it's this year's oscar's ceremony.. prepare for next-level celebrity virtue signalling .... https://www.theguardian.com/film/2022/mar/27/sean-penn-oscars-zelenskiy-ukraine .

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  Corney

  Zelensky's appearance would be the best thing to happen to the Oscars
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  10

  Looking for a CSA Video

  by Vanderhoven7 in

  1. watchtower
  2. bible

  this will be a short one.. i am looking for a csa court case that was posted months ago that was actually reported to a gb member and nothing was done because of the importance of the individual to the media production.

  anyone have the video regarding that case?.

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  Corney

  "allegedly", not "actually"
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  17

  The Governing Body KNEW CSA was happening at Bethel

  by Newly Enlightened in

  1. watchtower
  2. scandals

  https://youtu.be/btryr_z7elg.

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  Corney

  I don't think it's possible. The Zalkin Law Firm claimed in another case there were some troubles in their NY office, maybe that's where the cause lies in.
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  15

  Coercion at its worst: religious mandated shunning

  by Yomama in

  1. jw
  2. friends

  by patrick haeck any comments on article?.

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  Corney

  The article is interesting as it helps to understand a party's perspective. But besides this, it doesn't offer a single argument why shunning constitutes coercion. Not to mention the flawed claims like this one:

  Freedom of worship is a part of the ‘Universal Declaration of Human Rights’ and is not ‘an organizational right’.

  (c'mon, it's the ABC's of human rights law that these rights can be exercised both individually and collectively, through groups, communities and organizations)
  
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  17

  The Governing Body KNEW CSA was happening at Bethel

  by Newly Enlightened in

  1. watchtower
  2. scandals

  https://youtu.be/btryr_z7elg.

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  Corney

  DNCall, the complaint apparently has not been yet served on Watchtower NY, which means the deadline didn't begin running.