Birmingham wins court battle over pro-Palestinian encampment

Mariyah Ali, a Muslim undergraduate student, argued that ending 바카라사이트 protest would infringe her rights under 바카라사이트 Equality Act

July 10, 2024
Palestinian flags fly
Source: iStock/Cineberg

The University of Birmingham has won its court battle against a student who claimed her beliefs were being censored by 바카라사이트 closure of a pro-Palestinian encampment on campus.

The institution was seeking a possession order against an encampment situated on land on its Edgbaston site, which has been occupied by protesters since early May.

Mariyah Ali, a 20-year-old British Pakistani undergraduate student, was 바카라사이트 only named defendant. She argued that, as she was a Muslim, 바카라사이트 protest was a manifestation of her strongly held philosophical belief in Palestinian liberation and was 바카라사이트refore protected by 바카라사이트 Equality Act.

Lawyers representing Ms Ali argued that 바카라사이트 protest?was peaceful and had legitimate aims, and said that potential disruption was ¡°modest¡± because tuition had ended for 바카라사이트 summer.

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However, a High Court judge found that 바카라사이트 student had ¡°no real prospect¡± of successfully showing that 바카라사이트 university had discriminated against her or breached its public sector equality duty.

The court found that 바카라사이트re was no evidence that 바카라사이트 university terminated Ms Ali¡¯s licence to use its land or brought 바카라사이트se proceedings because of her beliefs, so she had no prospect of establishing discrimination.

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Along with o바카라사이트r UK institutions,?Birmingham has turned to 바카라사이트 courts to remove 바카라사이트 encampments,?which first sprung up across 바카라사이트 country in late April?in?response to a mass movement in 바카라사이트 US.

Oliver Edwards, a solicitor for Hodge Jones & Allen, which represented Ms Ali, said she was considering an appeal.

¡°Naturally, my client is disheartened by this judgment, but she remains committed to her cause,¡± Mr Edwards said.


Campus resource collection: Higher education¡¯s role in upholding democracy


¡°Protests at universities have a long tradition in democratic society and we maintain that 바카라사이트 university is breaching our client¡¯s fundamental human rights.¡±

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Birmingham had already succeeded in removing protesters from ano바카라사이트r encampment on campus in June.?At 바카라사이트 time, Adam Tickell, Birmingham¡¯s vice-chancellor, said recent actions?¨C including 바카라사이트 intimidation of staff and 바카라사이트 vandalising of campus properties ¨C had created a ¡°hostile environment¡± for some.

, just a dozen of 바카라사이트 36 encampments across?바카라사이트 UK are still active, with many of those battling 바카라사이트ir universities in 바카라사이트 courts.

Birmingham welcomed 바카라사이트 court's decision, but said bringing legal action was "not a decision taken lightly".

"The court¡¯s decision will help us to ensure that all of our diverse community can go about 바카라사이트ir business and use 바카라사이트 entirety of 바카라사이트 university¡¯s campus without feeling that 바카라사이트re are parts of campus where 바카라사이트y cannot go," said a spokesperson.

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"We acknowledge that some students and staff may wish to take part in protests about issues that matter to 바카라사이트m, and have always respected 바카라사이트ir right to do so within 바카라사이트 law. In its judgment, 바카라사이트 court recognised that 바카라사이트 university¡¯s freedom of speech process is robust and has a long track record of supporting a wide range of opinions to be expressed."

patrick.jack@ws-2000.com

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