R. (on the application of Williamson) v Secretary of State for Education and Employment
- R. (on the application of Williamson) v Secretary of State for Education and Employment
"R. (on the application of Williamson) v Secretary of State for Education and Employment"; [cite web| url =http://www.parliament.the-stationery-office.co.uk/pa/ld200405/ldjudgmt/jd050224/will-1.htm |title = Judgments - Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte Williamson (Appellant) and others| publisher = House of Lords |date = 24 February 2005] UKHL 15 [2005] 2 A.C. 246, was an unsuccessful challenge to the law against beating children by the headmasters of private Christian schools.
Facts
The heads of a number of Christian private schools - Philip Williamson, Michael Bates, Pauline Bolton, Grahame Davies, David Greenwood, Marianne Hosey, Paul Hubbard, Philip Moon, Roy Sammons, Anthony Seaton, Matthew Walker and Colin Wilcock - who wished to use corporal punishment as a disciplinary device in their schools. The schools were Christian Fellowship School at Edge Hill, Liverpool, Bradford Christian School at Idle, Bradford, Cornerstone School at Epsom, Surrey, and King's School at Eastleigh, Hampshire. They claimed that the prohibition of corporal punishment in the Education Act 1996 s.548 was a breach of their freedom of religion under Article 9 ECHR. They failed in their claim in the Administrative Court (Elias J), in the Court of Appeal. They tried again on appeal to the House of Lords. They were represented by Paul Diamond and John Dinglemans QC.
Judgment
The House of Lords held unanimously that there was a big difference between freedom of religious belief and freedom to manifest that belief. Any interference was deemed justified, "necessary in a democratic society... for the protection of rights and freedoms for others". [cite web|url =http://education.guardian.co.uk/schools/story/0,,715476,00.html |title =Smacking a 'Biblical right', court told |publisher = The Guardian |date = 14 May 2002]
ee also
*Human Rights Act 1998
Notes
External links
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