Posts by Corney

66

Watchtower fined in Belgium

by Vanderhoven7 in

jehovah's witnesses in belgium have to pay €12k fine for shunning policy.

news.

you have probably heard of the trial going on in belgium about the shunning policy of jws.

Corney

The Ghent court of appeal today acquitted the JW legal entity of shunning-related hate speech charges.

Then no conviction for discrimination: Jehovah's Witnesses on appeal now entirely acquitted
The non-profit organization behind the Jehovah's Witnesses has been entirely acquitted by the appellate court. Last year, the non-profit association was convicted of inciting discrimination against ex-members who had chosen to leave the faith community. The court imposed a fine of 96,000 euros on the non-profit association, but that sentence has now expired. The Court of Appeal acquitted the non-profit association and stated that there is a problem with the evidence.
The Court of Appeal in Ghent has entirely acquitted the non-profit organization behind the Jehovah's Witnesses in the discrimination case against the non-profit organization. Last year, the non-profit association was sentenced in first instance to pay a fine of 96,000 for inciting discrimination and hatred or violence against members who had chosen to leave the faith community. More than 10 civil parties - ex-members - registered themselves as civil parties.
In a Pano report from 2019 about the religious community, many witnesses were also discussed who said that they were discriminated against by the non-profit organization. According to witnesses, there would also have been sexual abuse within the community, but the court stated that there was too little evidence to substantiate the testimonies and it ultimately did not go to trial.
The judge in the first instance said last year after the conviction that the non-profit association does indeed violate the discrimination law, by ordering from above that ex-members should be excluded. "The association propagates the exclusion policy to its local faith communities and thereby jeopardizes many pillars of our fundamental rights," said the judge when reading the verdict. "At no time did the religious community think about the very negative consequences for the victims. Religious rules are not above the law in our society".
The court now ruled in a voluminous judgment that there is a problem with the evidence. On the basis of the current investigation, there is insufficient evidence to proceed to a conviction, the court said. Patrick Haeck, one of the civil parties, is disappointed. "We will enquire whether we can continue with it, if necessary we will go to the European Court," said Haeck.

10

BREAKING. European Court rules for Jehovah's Witnesses in long-awaited "extremism" case

by Corney in

in 6-1 judgment, the ecthr found that the forced dissolution of jehovah’s witnesses religious organisations in russia, the banning of their religious literature and international website on charges of extremism, the revocation of the permit to distribute religious magazines, the criminal prosecution of individual jehovah’s witnesses, and the confiscation of their property unlawfully interfered with their human rights.

the only dissenting judge is apparently mikhail lobov, who was nominated by the russian government.. .

.

Corney

It does, since Russia voluntarily joined the European Convention. Pacta sunt servanda.

It's funny how you're concerned about rights of the neo-Nazi government of Russia.

10

BREAKING. European Court rules for Jehovah's Witnesses in long-awaited "extremism" case

by Corney in

in 6-1 judgment, the ecthr found that the forced dissolution of jehovah’s witnesses religious organisations in russia, the banning of their religious literature and international website on charges of extremism, the revocation of the permit to distribute religious magazines, the criminal prosecution of individual jehovah’s witnesses, and the confiscation of their property unlawfully interfered with their human rights.

the only dissenting judge is apparently mikhail lobov, who was nominated by the russian government.. .

.

Corney

In 6-1 judgment, the ECtHR found that the forced dissolution of Jehovah’s Witnesses religious organisations in Russia, the banning of their religious literature and international website on charges of extremism, the revocation of the permit to distribute religious magazines, the criminal prosecution of individual Jehovah’s Witnesses, and the confiscation of their property unlawfully interfered with their human rights. The only dissenting judge is apparently Mikhail Lobov, who was nominated by the Russian Government.

40

Congregation in PA sues over mandatory reporting

by Corney in

ivy hill congregation of jehovah's witnesses is currently suing the pa department of human services.

it requests "a declaration that its elders are entitled to" clergy privilege, or, in the alternative,.

to the extent that the clergyman privilege is determined to exclude its elders on the basis that they are "members of [a] religious organization[] in which members other than the leader thereof are deemed clergymen or ministers," the court declare the statute to be unconstitutional.

Corney

The Rules don't prohibit elders from reporting instances of abuse, nor do they create a cause of action.

21

Vicarious Liability: Court of Appeal dismisses appeal from religious organisation following sexual assault

by yalbmert99 in

https://www.lexology.com/library/detail.aspx?g=d0a1ca63-2027-4702-9f6d-3c3da5fd9c5f.

Corney

In that case, Watchtower was vicariously liable for the elders' omissions, not for the abuser's actions, and vicarious liability wasn't a contentious issue at all.

40

Congregation in PA sues over mandatory reporting

by Corney in

ivy hill congregation of jehovah's witnesses is currently suing the pa department of human services.

it requests "a declaration that its elders are entitled to" clergy privilege, or, in the alternative,.

to the extent that the clergyman privilege is determined to exclude its elders on the basis that they are "members of [a] religious organization[] in which members other than the leader thereof are deemed clergymen or ministers," the court declare the statute to be unconstitutional.

Corney

What federal law?

40

Congregation in PA sues over mandatory reporting

by Corney in

ivy hill congregation of jehovah's witnesses is currently suing the pa department of human services.

it requests "a declaration that its elders are entitled to" clergy privilege, or, in the alternative,.

to the extent that the clergyman privilege is determined to exclude its elders on the basis that they are "members of [a] religious organization[] in which members other than the leader thereof are deemed clergymen or ministers," the court declare the statute to be unconstitutional.

Corney

Also, there is no federal law on clergy privilege, it's a state matter.

21

Vicarious Liability: Court of Appeal dismisses appeal from religious organisation following sexual assault

by yalbmert99 in

https://www.lexology.com/library/detail.aspx?g=d0a1ca63-2027-4702-9f6d-3c3da5fd9c5f.

Corney

Conti case had nothing to do with vicarious liability. I'm not sure the claim that elders in the Illinois case directed the girl and her mother to stay silent is supported by facts. As to the UK case, the connection between the abuser's position and the crime he committed is actually pretty weak and distant so it is for the Supreme Court now to decide whether it is sufficient enough to establish liability.

40

Congregation in PA sues over mandatory reporting

by Corney in

ivy hill congregation of jehovah's witnesses is currently suing the pa department of human services.

it requests "a declaration that its elders are entitled to" clergy privilege, or, in the alternative,.

to the extent that the clergyman privilege is determined to exclude its elders on the basis that they are "members of [a] religious organization[] in which members other than the leader thereof are deemed clergymen or ministers," the court declare the statute to be unconstitutional.

Corney

There is a widespread misunderstanding of this issue. In Pennsylvania, just like in Montana, Illinois and many other jurisdictions, JW elders are mandatory reporters BECAUSE, not despite, they are considered to be clergymen. In these jurisdictions ordinary people have no duty to report - only certain professionals, including members of clergy, have that duty. And their "we don't have clergy class" rhetoric is simply immaterial and irrelevant, and it's a kind of urban legend that courts use it against the org.

21

Vicarious Liability: Court of Appeal dismisses appeal from religious organisation following sexual assault

by yalbmert99 in

https://www.lexology.com/library/detail.aspx?g=d0a1ca63-2027-4702-9f6d-3c3da5fd9c5f.

Corney

Their hierarchical structure is of no relevance here because Watch Tower PA didn't deny its responsibility for the congregation and "has agreed that it will satisfy any judgment against" it. The real issue at question was what relationship, if any, exists between the abuser's position as an elder and the rape, that "did not occur while Mark Sewell was performing any religious duty," but "when the two couples were choosing to be together on an essentially social occasion... There is, therefore, at least an argument that by the time of the rape Mark Sewell’s status as an elder had somewhat faded into the background"