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Mcfaul, Hugh
(2017).
DOI: https://doi.org/10.1093/ojlr/rwx056
Abstract
Human rights – Freedom of religion or belief – Interference with – Claimant recognized religious group in Brazil – Secretary of State refusing claimant’s application for licence to import, possess, and supply hoasca tea for the purposes of consumption by its congregation – Hoasca containing Class A drug controlled under Misuse of Drugs Act 1971 – Claimant seeking judicial review of Secretary of State’s decision, arguing decision breach of its members' rights to manifest their religion or beliefs – Claimant's application for judicial review refused on the papers – Claimant making renewed application for judicial review – Whether decision infringement of right to freedom of religion of members of claimant's congregation – Whether necessary and proportionate interference with right to freedom of religion or belief – European Convention on Human Rights, art 9 – Misuse of Drugs Act 1971, s 7 – United Nations (UN) Convention on Psychotropic Substances 1971, art 7