WIN: Brazilian Supreme Court unanimously rejects attempt to ban religious symbols from public buildings

  • Win for religious freedom as country’s highest court rejected attempt to ban religious symbols such as crucifixes from public spaces on the basis of “hurt emotions”  

  • ADF International submitted a “friend of the court” legal brief which was cited in the court’s reasoning

Brasília (28 November 2024) – The Brazilian Supreme Court (STF) this week unanimously voted to allow religious symbols in public spaces, in line with a legal brief filed by ADF International.

All 11 justices of the country’s highest court affirmed that displaying symbols such as crucifixes and images in public spaces does not conflict with the secular nature of the Brazilian state.

The plaintiff in the case had argued that removal of the symbols was necessary to protect religious freedom and that the symbols can cause emotional hurt.

A legal brief, known as an amicus brief, submitted by faith-based legal advocacy organisation ADF International, was considered by the court and directly cited as part of the concurring opinions.

Justice Alexandre de Moraes wrote: “It is also worth noting the lengthy statement submitted by ADF INTERNATIONAL… in which it demonstrates the real direction of the international courts’ statements on the matter, exactly along the lines proposed by the Honorable Rapporteur, that symbols in public spaces are allowed, as long as they do not go beyond the manifestation of the country’s history, culture and tradition.

“By the way, it is important to emphasize the correctness of the thesis of the judgment insofar as it associates the display of such symbols with the ‘objective of manifesting the cultural tradition of Brazilian society’.”

Tomás Henríquez, Director of Advocacy for Latin America & the Caribbean for ADF International, reacted to the decision: “This ruling is a resounding victory for religious freedom in Brazil. ‘Hurt emotions’ are no justification for banning religious symbols.

“We welcome this decision and commend the court for so clearly upholding religious freedom.”

In its expert legal brief, ADF International argued that any principle of “state neutrality” should not amount to hostility towards Christianity. Additionally, it demonstrated the relevance of the social, cultural, and historical context of Christianity in Brazil.

Finally, it reasoned that the law does not protect the “hurt emotions” the plaintiff alleged he experienced due to the presence of religious symbols in public places.

The decision has similarities to a case decided by the Grand Chamber of the European Court of Human Rights in 2011. In Lautsi v. Italy, the Grand Chamber ruled that Italy was within its rights under the Convention to allow the display of crosses in classrooms.

In that case, ADF International was given permission to provide legal expertise, submitting arguments on behalf of 33 Members of the European Parliament, representing 11 different nations.

Background

The Brazilian case stemmed from a Brazilian citizen who issued a complaint to the Federal Public Ministry (FPM), Brazil’s Public Prosecutor’s Office, alleging he suffered “hurt emotions” due to the presence of religious symbols in public buildings.

The FPM filed a civil action against the Brazilian Federal Union, requesting that all religious symbols be removed from Federal and State of São Paulo buildings.

The FPM argued it was seeking to promote and protect the religious freedom of all citizens who entered public offices across Brazil and that displaying religious symbols and images in public spaces violated the principle of non-discrimination.

The lawsuit was dismissed by both the trial and appeals court. The FPM filed an extraordinary appeal before the appellate court, which was not admitted.

The FPM then filed an extraordinary appeal before the STF, resulting in the latest ruling that upholds religious freedom. This decision binds all state and federal public entities in Brazil.

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PICTURED: Tomás Henríquez, ADF International’s Director of Advocacy for Latin America & the Caribbean

‘Tsunami of censorship’: US congressional committee criticises UK’s abortion centre ‘buffer zones’ and online censorship

Isabel Vaughan-Spruce in 2022.
  • Influential committee makes intervention on alarming state of free speech in UK and Europe
  • Abortion centre ‘buffer zones’ and Online Safety Act in UK criticised
Isabel Vaughan-Spruce in 2022.

LONDON (22 November 2024) – An influential US congressional committee has criticised abortion centre “buffer zones” and the Online Safety Act in the UK as part of a “tsunami of censorship headed towards America”.

“This intervention from the House Judiciary Committee shows the UK is fast becoming notorious around the world for its censorious practices."

- Paul Coleman, Executive Director of ADF International

The X (Twitter) account for the Republicans on the House Judiciary Committee, who are the majority on the cross-party House of Representatives standing committee, called out this censorship in a thread on the alarming state of free speech in the UK and Europe.

The House Judiciary Committee interviewed Isabel Vaughan-Spruce, a Catholic woman who, supported by ADF International, recently won a payout of £13,000 from West Midlands Police for her two unlawful arrests for silently praying in an abortion centre “buffer zone” in Birmingham. ADF International is a faith-based legal advocacy organisation.

The committee’s X thread also critiqued the Online Safety Act for requiring “platforms to censor alleged hate speech and harmful content”.

ADF International Executive Director Paul Coleman commented: “This intervention from the House Judiciary Committee shows the UK is fast becoming notorious around the world for its censorious practices.

“The incoming administration has made its commitment to free speech clear. If British politicians do not act to protect free speech, all other considerations aside, the UK will continue to suffer severe reputational harm on the world stage.” 

Congressman Darrell Issa, a member of the House Judiciary Committee, said: “The growing attacks on free speech in the US – as well as the UK and EU – pose a direct threat to free people on both sides of the Atlantic. We know that legislation like the Online Safety Act that is said to combat ‘hate speech’ empowers regulators to censor free speech.

“Congressional Republicans understand that these threats to free speech are part of a broader global push by the Censorship Industrial Complex, which includes not only the EU, UK, and other nations but also malign actors here at home. We are committed to confronting this growing threat alongside the incoming Trump Administration to fight against these assaults on free speech within our borders and around the world.”

Reform UK Leader, Nigel Farage MP said: “The crackdown on free expression within the UK is becoming very sinister.

“Our police and government now withhold vital public information and we get censored simply for demanding the truth.

“I will continue to fight this.”

Critique of “buffer zones”

In its post, the House Judiciary GOP said: “What could posting a Bible verse or praying in front of an abortion clinic get you in Europe? A visit from the police—or worse…

“Isabel Vaughan-Spruce was arrested and prosecuted for silently praying. She won her case. Yet still, she receives tickets and other forms of intimidation by police.”

The intervention came shortly after “buffer zones” were introduced around all abortion centres in England and Wales at the end of last month as part of the Public Order Act.

These ban “influencing” someone regarding abortion within 150 metres of an abortion facility. Thankfully, the Crown Prosecution Service has issued guidance saying silent prayer is “not necessarily” a crime and that there must be evidence of overt activity.

However, army veteran Adam Smith-Connor last month became the first person to be convicted for silent prayer in a “buffer zone”. With the support of ADF International, he is appealing his conviction.

Medical scientist Dr Livia Tossici-Bolt also faces trial for holding a sign in a “buffer zone” that said “Here to talk if you want”. 

Critique of Online Safety Act and Digital Services Act

The House Judiciary GOP post critiqued UK online speech legislation and the Digital Services Act, an EU regulation: “Two major pieces of online speech legislation were passed in Europe over the last two years: The EU’s Digital Services Act (DSA) & the UK’s Online Safety Act (OSA).

“Generally speaking, they require platforms to censor alleged hate speech and harmful content… The UK’s laws mirror or go beyond the EU’s laws & include Orwellian practices to investigate speech.”

The committee’s post explained that because of the population and economic size of the UK and EU, regulations that censor speech in those areas can affect the US. For example, companies change their global policies to match anti-speech EU regulations.

Financial penalties also play a role: “What do platforms risk if they don’t comply? Penalties are as high as 6% of GLOBAL revenue from the EU’s DSA and 10% of GLOBAL revenue from the UK’s OSA. Billions of dollars for most major platforms.

“The Digital Services Act and Online Safety Act enable bureaucrats in the EU and the UK to put platforms out of business. So now, social media companies and their employees are strongly incentivized to overregulate speech on their platforms to preserve their business.

“The fight for free expression online is a global fight. The Biden-Harris Administration has stood by silently as foreign countries try to render the First Amendment obsolete.”

Dr Päivi Räsänen

The thread from the congressional committee also highlighted the case of Dr Päivi Räsänen, a Finnish parliamentarian on trial for a tweet expressing her Christian views on sexuality.

With the support of ADF International, Dr Räsänen faces trial at Finland’s Supreme Court for alleged “hate speech”, despite being unanimously acquitted of the charges on two previous occasions.

The House Judiciary GOP added: “If she [Dr Räsänen] loses her case, it could serve as a precedent for other European countries.

“Meaning posting a Bible verse could be soon considered ‘hate speech’ across the EU.”

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International body to rule on case of Canadian man who spent time in prison for holding sign outside abortion facility almost 30 years ago

  • Jim Demers was criminally convicted and spent almost two months in prison in 1996-97 for holding a sign quoting the American Convention on Human Rights: “Every person has the right to have his life respected” 
  • With no recourse left in Canada, Demers filed for redress with the Inter-American Commission on Human Rights in 2004 and has waited twenty years for justice.  
  • ADF International now representing Demers after 20-year wait: “As we grapple with the spread of censorship across the globe, this case presents an opportunity for a key human rights watchdog to reassert the very rights they were established to defend” 

WASHINGTON, DC (21 November 2024) Jim Demers, a lifelong resident of British Columbia, Canada, was criminally convicted and spent almost two months in prison in 1996-97 for standing silently on a public sidewalk outside of an abortion facility. He held a sign quoting Article Four of the American Convention on Human Rights: “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception.”  

Demers was standing in a censorship zone around the facility, which bans expression critical of abortion. 

Demers was criminally convicted for his peaceful expression, for which he was given a suspended sentence of two years, subject to the condition of not returning to the public area surrounding the abortion facility. 

After failing to obtain redress from the Canadian Supreme Court, Demers took his case to the Inter-American Commission on Human Rights in 2004. The Commission admitted his case in 2006, but almost 20 years later, has yet to rule.  In the face of this egregious failure to deliver timely justice, ADF International assumed representation of Demers.  

“I hope I’m never silent when bad things are happening, and I hope nobody else is silent either when bad things are happening. I have dedicated my life to speaking out in defense of the unborn, and because of this, I was criminally convicted and even spent time in jail,” said Demers.  

“I have waited for almost 20 years for the Inter-American Commission on Human Rights to rule on my unjust conviction over the exercise of my freedom, and that of all people, to stand up, speak truth, and defend those that cannot defend themselves. I am grateful to ADF International for its efforts to bring this ordeal to an end. I will continue to advocate for the right to life of every person and look forward to the day when I can speak up without fear of criminal prosecution and punishment in Canada.”  

“All human rights are in peril when the fundamental right to free speech is ignored,” stated Tomás Henríquez, lead lawyer on this case for ADF International. “For peacefully expressing his pro-life views on a sidewalk outside of an abortion facility, Jim Demers was convicted as a criminal and forced to spend time behind bars with serious felons. Even if you disagree with Jim’s beliefs, everyone should defend his right to voice them without fear of criminal prosecution and imprisonment. Now is the time for the Inter-American Commission to exercise its authority to deliver justice for Jim.” 

“All human rights are in peril when the fundamental right to free speech is ignored.” 

Demers stood outside of an abortion facility in Vancouver, British Columbia before Christmas of 1996, holding a sign quoting Article Four of the American Convention on Human Rights. The Access to Abortion Services Act of British Columbia, in force to this day, establishes so-called “bubble zones” around abortion facilities, creating a censorship zone that bans free expression. Notably, the law imposes viewpoint discrimination, as it only penalizes expressions that are critical of abortion, but not others.  

Demers stood silently on the sidewalk outside of the main entrance, never engaging verbally or otherwise with any member of the public or of the abortion facility, or impeding entrance to the facility in any way.  

For this peaceful expression, Demers was arrested, placed in jail pending trial for seven weeks, alongside violent criminals, and was ultimately convicted on criminal charges. 

Demers filed a petition against Canada in 2004 with the Inter-American Commission on Human Rights. The Commission agreed to rule on the merits of his case in 2006 as to whether it was lawful to use criminal sanctions against Demers for his peaceful expression. Almost twenty years later, the Commission has yet to decide his case, in what is perhaps the most egregious case of alleged backlog at any international human rights body.   

“ADF International is proud to stand with Jim as he seeks justice in his case at the Inter-American Commission on Human Rights. The Commission has slept on Jim’s case for almost 20 years. We call on the Commission to rule decisively that these actions by Canadian authorities violated Jim’s fundamental right to freedom of speech,” Henríquez continued.  

“Both international law and the Canadian Charter of Rights and Freedoms guarantee the fundamental right to freedom of expression. As we grapple with the spread of censorship across the globe, this case presents an opportunity for our human rights watchdogs to reassert the very rights they were established to defend.”

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Barbados debates criminal law carrying 7-year prison sentence for online content causing “annoyance” or “emotional distress”

  • “The government aims to intimidate us into forced silence,” concerned citizens appeal to the Inter-American Commission on Human Rights.

  • Cybercrime Bill before Barbados Senate would impose $70,000 BBD (approximately $35,000 US or £27,000) in fines and 7 years in prison for citizens that “publish, broadcast, or transmit data that is offensive” for the purpose of causing “annoyance, inconvenience,” “embarrassment, anxiety” or “substantial emotional distress.” 

ADF International legal counsel Julio Pohl alongside Barbados citizens and presenters at the Inter-American Commission on Human Rights hearing, including Donald Leacock, Shaquani Hunte, Timon Howard, and Ferdinand Nicholls 

WASHINGTON, DC (14 November 2024): A cybercrime bill currently being debated in the Barbados Senate threatens to significantly undermine freedom of speech in the country, so testified concerned citizens during a hearing before the Inter-American Commission on Human Rights in Washington, D.C. on Monday, 11 November.  

The proposed law would make it a crime to “publish, broadcast, or transmit data that is offensive” or disseminate images or words that are “likely to cause or subject a person to ridicule, contempt, or embarrassment.” The bill lists “causing annoyance, inconvenience, danger, obstruction, embarrassment, insult, injury, humiliation, intimidation, hatred, anxiety or causes substantial emotional distress to that person” as criteria to be found guilty of an offence. 

Citizens convicted of these crimes could be subject to $70,000 BBD (approximately $35,000 US or £27,000) in fines and a 7-year prison sentence.  

Its adoption by the House of Assembly generated national criticism, prompting the bill to be sent to a Joint Select Committee for further review. Rather than improve the bill, the Committee recommended the penalty be increased up to 10 years and $100,000 BBD (approximately $50,000 USD). 

The bill introduces the ambiguous crimes of “malicious communications” and “cyberbullying,” weaponizing the state security apparatus to criminalize peaceful expression in the name of “cybersecurity”. 

At the hearing on the problematic elements in the legislation, Donald Leacock, a citizen of Barbados and social media influencer, stated: “Freedom of expression is blatantly being stripped from us in this draconian cybercrime bill that the government of Barbados is forcing onto the citizens. This is evidenced by the fact that section 20 of the bill seeks to criminalise internet use that is considered to have caused anxiety or emotional distress with potential fines of up to $50,000, prison terms of up to 10 years, or both. Should our citizens be thrown in jail for a decade simply for posting something online that the political elite can claim makes them ‘anxious’ or ’emotionally distressed’?”  

Leacock continued, stating: “The law’s deliberately vague language leaves it open interpretation, and therefore, abuse… the government aims to intimidate us into forced silence. The objections to this bill are evident and widespread.” 

Julio Pohl, legal counsel for ADF International, stated: “Any law that seeks to criminalize online content that is subjectively deemed annoying, embarrassing, or anxiety-inducing is absurd in a free society. Core to the free interchange of ideas is the ability to voice views in the digital marketplace that may offend someone. The sweeping criminalization of online expression will engender large-scale free speech violations for Barbados.” 

“While the Barbados government should protect its citizens from real issues online such as hacking and incitement to violence, it should not be wielding the state’s authority to police security online to restrict free speech in order to spare people from ‘annoyance’. Article 19 and 20 of the Cybercrime Bill violate the basic human right to freedom of speech, enshrined in international law and the Constitution of Barbados,” added Pohl. 

ADF International is conducting international advocacy, including at the Inter-American Commission on Human Rights to oppose the adoption of the censorial bill.  

The bill has passed through the House of Assembly and is under consideration in the Senate. It defines criminal conduct in vague, broad, and indeterminate terms, making it a crime to “publish, broadcast, or transmit data” that is subjectively deemed offensive. Such an ambiguous definition of criminal conduct violates international human rights protections for free speech, including the American Convention on Human Rights. 

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Army veteran confirms APPEAL as Crown Prosecution Service concede silent prayer “not necessarily” an offence 

  • With legal support from ADF UK, Adam Smith-Connor will pursue an appeal against his conviction for praying silently in a “buffer zone” 
  • CPS guidance on prosecuting “buffer zone” breaches requires evidence of “overt” activity  
  • “Buffer zones” enacted TODAY around every abortion facility in England & Wales 

LONDON (31 October 2024) – As the Crown Prosecution Service (CPS) unveils guidance clarifying that silent prayer is “not necessarily” a crime in an abortion “buffer zone”, the army veteran found “guilty” for praying silently near an abortion facility has announced today that he will pursue an appeal against his conviction, with support from ADF UK. 

The guidance comes on the same day as the national rollout of a new “buffer zones” law – making it a crime to “influence a person’s decision to access…abortion services” within 150m of an abortion facility in England and Wales. 

On 16th October, Bournemouth Magistrates’ Court convicted and sentenced Smith-Connor to a conditional discharge and ordered him to pay prosecution costs of £9,000.  

In its decision, the court emphasised Adam’s known beliefs on abortion. The judge also noted that people may have perceived that Adam was praying because at one point his head may have been slightly bowed and his hands were clasped at his waist in an “at ease” posture. 

The defence contend that Smith-Connor was not “overt” in his actions, as required by CPS guidance on prosecuting buffer zone breaches. His eyes were open and he stood in a “normal” standing position, in a public green across the road from the clinic, with his back to the entrance.

WATCH BELOW: Officers interrogate Adam as to the “nature of his prayers”:

Bournemouth, Christchurch & Poole Council charged and prosecuted Adam Smith-Connor for breaking locally-enforced “buffer zone” rules, following an interrogation by officers on “the nature of his prayers” when he stopped to pray silently for a few minutes near an abortion facility in November 2022.    

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The government simply cannot be allowed to determine the content of thoughts and prayers.

- Adam Smith-Connor, convicted for praying silently in a "buffer zone"

The ruling, issued on 16th October 2024, marked the first time in modern British history that a citizen has been criminalised on the basis of his thoughts. 

Speaking about his decision to pursue an appeal, Adam Smith-Connor said: 

“Surely a silent thought cannot be a crime. With support from ADF UK, I’m pursuing an appeal against my conviction. The government simply cannot be allowed to determine the content of thoughts and prayers. 

“I served for 20 years in the army reserves, including a tour in Afghanistan, to protect the fundamental freedoms that this country is built upon. I continue that spirit of service as a health care professional and church volunteer. It troubles me greatly to see our freedoms eroded to the extent that thoughtcrimes are now being prosecuted in the UK.” 

Public funding spent on prosecuting prayers

Controversially, Bournemouth, Christchurch & Poole Council spent over £100,000 of public funds prosecuting Smith-Connor for his silent thoughts, for a charge with a maximum penalty of £1,000. This expense – including instructing a King’s Counsel – comes despite the Council being on the brink of bankruptcy for the past year. 

Commenting on the trial and the use of public funds ahead of the verdict, politician Miriam Cates said:  

“This isn’t 1984, but 2024 – nobody should be on trial for the mere thoughts they hold in their mind. It’s outrageous that the local council are pouring taxpayer funding into prosecuting a thoughtcrime, at a time where resources are stretched thin. Buffer zone regulation are disproportionately wide, leaving innocent people vulnerable to prosecution merely for offering help, or simply holding their own beliefs.”  

Buffer zones installed nationwide 

Today, the UK government have enforced “buffer zones” around every abortion facility in England and Wales – banning “influencing” someone’s decision to access abortion services within 150m of the building. 

ADF UK has warned that the vague wording of the legislation could lead to more prosecutions over thoughts, or consensual conversations between adults. 

In March 2023, Parliament voted down an amendment to explicitly protect silent prayer, leaving the wording of the law vague as to which activities might be construed as “influencing”. Today’s guidance from CPS confirms former Home Secretary Suella Braverman’s views that “silent prayer, within itself, is not unlawful.” 

Speaking about the new law and accompanying CPS Guidance, enforced under the Public Order Act 2023, ADF UK Legal Counsel Jeremiah Igunnubole said: 

“We are glad that the CPS has confirmed that silent prayer is not necessarily a criminal offence and that there must be evidence of overt activity. This is commonsense and consistent with the absolute right to freedom of thought protected under domestic and international law. Previous Home Secretaries and the magistrates’ court have repeatedly concluded that silent prayer, within itself, cannot constitute a criminal offence. Now that CPS guidance has recognized the same, it is incumbent on police officers and local authorities to refrain from ideological and discriminatory interpretations which seek to criminalise prayer itself rather than overt conduct amounting to harassment and intimidation.  

“It’s for this reason that we are glad to support Adam as he pursues an appeal of his conviction for praying silently without engaging anyone or being obtrusive in any way. This is a watershed moment for British freedoms, and one the public must not take lightly. A failure to protect thought and peaceful conduct anywhere creates a threat to these rights everywhere. Buffer zones or otherwise, we should uncompromisingly safeguard the rights on which our democracy is based.” 

 

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Pictured: Jeremiah Igunnubole, legal counsel for ADF UK; Adam Smith-Connor

“Influencing” to be criminalised near abortion facilities from THURSDAY as government set to roll out “buffer zones” nationwide 

  • Move comes weeks after first UK man convicted for silent prayer “thoughtcrime” in shock Bournemouth “buffer zone” ruling
  • Almost 60,000 people sign open letter asking Keir Starmer to protect freedom of thought 
  • ADF UK, supporting the legal defence of four individuals prosecuted for praying or offering help in a “buffer zone”, raise concerns about freedom of speech and thought 

LONDON (29 October 2024) – UK authorities will enforce “buffer zones” around every abortion facility in England & Wales from Thursday 31st October.  

Under the national law, “influencing” someone’s decision to “access” abortion services will become a crime within 150m of any abortion facility.

"The law is written so vaguely that peaceful, consensual conversations, or even silent thoughts, could be made illegal on certain streets of England."

- Jeremiah Igunnubole, Legal Counsel for ADF UK

The vague wording of the law has drawn criticism from free speech advocates who fear it will be used to crack down on innocent, consensual conversation between adults – or even silent prayers. 

Almost 60,000 people have signed a letter of concern to Keir Starmer, highlighting worrying prosecutions on account of silent prayers in local “buffer zones”, and asking that the government act to protect freedom of thought. 

In anticipation of the new law, Jeremiah Igunnubole, legal counsel for ADF UK, said: 

“We all stand against harassment and intimidation. But the Public Order Act goes much further by banning “influencing”. Could this apply to the advice given by a parent? A concerned word from a friend? Information made available through a crisis pregnancy volunteer? The law is written so vaguely that peaceful, consensual conversations or even silent thoughts could be made illegal on certain streets of England. We have already seen the prosecution of individuals like Adam Smith-Connor, who only stopped to pray in his mind for a few minutes, under these censorial and far-reaching “buffer zone” rules. 

“The right to hold a consensual conversation, or engage in silent prayer, constitute the most basic of human rights. They are protected robustly by international legal provisions relating to freedom of thought and speech. The entire premise of censorial buffer zone legislation is that women should be able to choose to access abortion without hindrance. The legal elephant in the room should be obvious to see. If the law states that a woman can choose to abort their unborn child without hindrance, even the “hindrance” of lawful alternatives to abortion, how can the law criminalise women when they choose to engage in lawful, harmless and consensual conversations?  

“This is a watershed moment for British freedoms, and one the public must not take lightly. A failure to protect thought and peaceful speech anywhere creates a threat to these rights everywhere. Buffer zones or otherwise, we should uncompromisingly safeguard the rights on which our democracy is based.” 

Policing Thought

Last year, charitable volunteer Isabel Vaughan-Spruce was arrested twice for the silent prayers she held in her mind.  After being found innocent at trial, Vaughan-Spruce later received a police payout on account of her wrongful arrests.  

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Reflecting on the new laws being enforced on October 31st, Vaughan-Spruce said: 

“Having been arrested, tried, and dragged through the legal system for months on account of my silent prayer – only to be found innocent and receive a payout for my unlawful arrest – it’s deeply concerning to see vaguely-worded legislation come in which could punish people like me who are just there to help, to talk peacefully, or to pray. The government should urgently clarify that consensual conversations between adults – and silent thoughts and prayers – are protected in domestic and international law. This isn’t 1984 – we mustn’t police thought on the streets of Britain.”   

Criminalising Help

Women who have benefited from the presence of pro-life volunteers standing near abortion facilities have formed a campaign group, “Be Here For Me”, asking for crisis pregnancy support groups to be protected from criminalisation in “buffer zones”.

"Removing the option to receive help to keep a child in case we feel offended is deeply patronising."

- Alina Dulgheriu, who benefited from the help of pro-life volunteers near an abortion facility

Alina Dulgheriu, who received help to continue her pregnancy after recieving a leaflet from a pro-life volunteer on the public street near an abortion facility, said:

“It is worrying that we will consider denying vulnerable woman access to potential life-changing information – especially when facing one of the most challenging decision of their lives that could have lasting ramification on their mental and physical health.  

“Removing the option to receive help to keep a child in case we feel offended is deeply patronising and assumes that women can’t make a decision for ourselves or that we might choose the wrong option.

My case is not a one-off. There are many hundreds of women just like me who have benefitted from this support. Yet we are all too often ignored.”

Convicted for a Prayer

The rollout of the new law, which was passed under the Conservative Government’s watch as part of the Public Order Act 2023, comes just weeks after the first man was convicted for a “thoughtcrime” inside a local buffer zone in modern British history. 

Bournemouth, Christchurch & Poole Council charged Adam Smith-Connor, a military veteran and father of two, following an interrogation by officers on “the nature of his prayers” when he stopped to pray for a few minutes near an abortion facility in November 2022.   

The Court sentenced Smith-Connor to a conditional discharge and ordered him to pay prosecution costs of £9,000.  

Despite battling bankruptcy warnings and being forced to cut “all non-essential spending”, Bournemouth, Christchurch & Poole Council spent more than £100,000 on legal fees to prosecute the offence, which carries a maximum penalty of £1,000. 

Responding to the ruling, Smith-Connor stated:  

“Today, the court has decided that certain thoughts – silent thoughts – can be illegal in the United Kingdom. That cannot be right. All I did was pray to God, in the privacy of my own mind – and yet I stand convicted as a criminal?  

“I served for 20 years in the army reserves, including a tour in Afghanistan, to protect the fundamental freedoms that this country is built upon. I continue that spirit of service as a health care professional and church volunteer. It troubles me greatly to see our freedoms eroded to the extent that thoughtcrimes are now being prosecuted in the UK.”  

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Pictured: Jeremiah Igunnubole; Isabel Vaughan-Spruce; Adam Smith-Connor; Alina Dulgheriu with her daughter

Almost 60,000 signatories ask Keir Starmer to protect freedom of thought, as army veteran prosecuted for silent prayer 

  • Public letter to PM pleads: “act urgently to ensure that thought is never buffered, censored or criminalised.”
  • Army veteran convicted for silently praying near abortion facility last week
  • Government set to roll out censorial “buffer zones” around every abortion facility from 31st October 

LONDON (25th October 2024) – 57,900 members of the public have signed an open letter to Keir Starmer in light of an army veteran being prosecuted for his silent prayers. 

The letter, addressed to the UK Prime Minister, reads: “Freedom of thought is our most basic and precious of rights – and has long been recognised in British law and every major human rights document from the Universal Declaration of Human Rights onwards.” 

The letter highlights the plight of Isabel Vaughan-Spruce, who received a £13,000 payout from West Midlands Police after being unlawfully arrested twice for imperceptibly praying in her head in a Birmingham “buffer zone”. 

"A failure to protect thought and peaceful speech anywhere, creates a threat to these rights everywhere."

- Jeremiah Igunnubole, legal counsel for ADF UK

Also noted is the case of Livia Tossici-Bolt, who will face trial in March 2025 for inviting consensual conversation in the buffer zone by holding a sign reading “Here to talk, if you want”.

Father Sean Gough is also highlighted, having been fully acquitted of all charges after facing trial for praying while holding a sign near a Birmingham abortion facility reading “praying for freedom of speech”, and having a small pro-life sticker on his parked car inside the buffer zone.

The letter further references army veteran Adam-Smith Connor, who was found guilty last week for praying silently in his head near an abortion facility in the first “thoughtcrime” conviction of modern British history. Bournemouth, Christchurch & Poole Council spent over £100,000 of public funds prosecuting the father of two, hiring a Kings Council, despite being on the brink of bankruptcy. 

A slippery slope of censorship

Christian legal charity ADF UK supported the defence of all four individuals prosecuted on the basis of their silent prayers in abortion “buffer zone” areas.

ADF UK legal counsel Jeremiah Igunnubole explained that the different outcomes in each case represent a “profound and troubling lack of clarity in the law, and an undue subjectivity allowing individual officers and local authorities to determine whether silent prayer can be considered a crime on any given day.”

 

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Alluding to recent fears regarding “two-tier policing” in the UK, where those with conservative viewpoints are disproportionately censored and punished for voicing their opinions, the letter continues: 

“The slippery slope is clear; if the criminal law requires us to refrain from ‘offensive’ thoughts anywhere, there is simply no logical endpoint. Today, it’s pro-life views that offend progressive social orthodoxies; tomorrow, it could be gender-critical views and gender-critical buffer zones. A genuinely democratic society must champion diversity of thought and the free and frank exchange of views.”

Silent prayer under threat of criminalisation

Vaughan-Spruce, Smith-Connor, Gough and Tossici-Bolt were all charged for allegedly breaching a “buffer zone”, implemented by five local council authorities via a “Public Spaces Protection Order”, which bans acts of “approval or disapproval” of abortion – but have been interpreted by officers to even include thoughts inside someone’s mind.  

The UK government are set to roll out “buffer zone” legislation across the country from 31st October, making it a crime to “influence” anybody’s “decision to access…abortion services” within 150m of an abortion facility. 

Free speech campaigners have raised concerns about the loose wording of this legislation, which could potentially be applied to criminalise friends and family who offer advice, or engage in consensual conversations about abortion, near the facility. 

Commenting on the upcoming enforcement of national buffer zones, Jeremiah Igunnubole said:  

“We all influence each other’s decisions all the time – be it through the advice of a parent, the concern of a friend, or the information made available through a charitable volunteer. The ability to peacefully exchange views is the lifeblood of democratic society.   

“Yet the Public Order Act is written so vaguely that these everyday, peaceful, caring conversations could be made illegal on certain streets of England when it comes to discussing abortion. The lack of clarity in the law could result in many more citizens like Adam being interrogated or even charged for simply directing silent thoughts towards God.   

“The right to hold a consensual conversation, or engage in silent prayer, constitute the most basic of human rights. They are protected robustly by international legal provisions relating to freedom of thought and speech.   

“This is a watershed moment for British freedoms, and one the public must not take lightly. A failure to protect thought and peaceful speech anywhere creates a threat to these rights everywhere. Buffer zones or otherwise, we should uncompromisingly safeguard the rights on which our democracy is based.” 

To read the public letter in full, click here.

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Pictured: ADF UK Legal Counsel Jeremiah Igunnubole with individuals prosecuted for their silent prayers: Adam Smith-Connor; Isabel Vaughan-Spruce, Livia Tossici-Bolt, Fr. Sean Gough

Algerian pastor convicted of “illegal worship” shares his story, advocates for re-opening churches

  • Christian convert and pastor Youssef Ourahmane shared the story of his arrest, conviction, and court appeals for “illegal worship” this week in Washington, DC, and called for the re-opening of evangelical churches in Algeria.   
  • An Algerian appeals court earlier this year upheld Pastor Youssef’s conviction and prison sentence for the so-called crime of “illegal worship” for leading his church.    
  • ADF International is advocating for his acquittal, supporting the legal defence of the persecuted across the globe.  

WASHINGTON, DC (18 October 2024) Pastor Youssef Ourahmane, a Christian convert and pastor in the Protestant Church of Algeria, has been sentenced to heavy fines and a prison sentence for the so-called crime of “illegal worship” for leading his church.  

This week, Pastor Youssef was in Washington, D.C. to share his story and advocate for religious freedom and the re-opening of evangelical churches forcefully closed in Algeria. In an event hosted by ADF International in Washington, D.C., Pastor Youssef appealed to the audience, saying “We have had a lot of opposition… by 2019 most of the Evangelical churches in our country had been shut down. When the churches were closed, a lot of the Christians felt that something was gone in their Christian faith because the building had been part of their identity.” 

When asked about why he is willing to go to prison for his faith, Pastor Youssef responded “God knows the number of my hairs on my head, and none fall without His will.” He continued, saying “We have to accept God’s will, and God’s sovereignty… I try by my best, by His grace, to be a good testimony to others.”  

In May 2024, the Court of Appeal in Tizi Ouzou, Algeria upheld the conviction of “illegal worship” against Pastor Youssef for leading the Emmanuel Church in Algeria. This was his second appeal in the case.  

Pastor Youssef, who was born into a Muslim home but converted as a student to Christianity, was sentenced to 2 years’ imprisonment and a fine of 100,000 Algerian dinars on 2 July 2023 for his involvement as the leader of his church, although authorities could provide no evidence of a crime. In November 2023, his prison sentence was reduced from 2 years to 1 year. Upholding his conviction in May of this year, the court added an additional 6 months of suspended prison time to his sentence of 1 year imprisonment and fines of 100,000 Algerian dinars.   

Also speaking at the event, Kelsey Zorzi, Director of Advocacy for Global Religious Freedom for ADF International, said “Despite their small numbers, Algeria has systematically been working to prevent the Evangelical community from being able to simply worship together…. Pastor Youssef’s case is one of roughly 50 spurious cases against Christians in the past few years…. His advocacy throughout the years on behalf of the entire evangelical church in Algeria, even in the face of potential imprisonment, is an inspiration.” 

Zorzi continued, saying “We stand with the persecuted Christians around the world, and especially those who are under such dire threat as the Evangelical community in Algeria. The United States and the international community must take a strong stand against the unlawful church closures and unjustified arrests and imprisonments of pastors.” 

ADF International is coordinating with other NGOs to support Pastor Youssef and his right to worship freely with international advocacy and to raise his case with government officials from over 40 countries.   

Video: remarks from Kelsey Zorzi

Background 

Pastor Youssef Ourahmane, who has been leading Christian congregations in Algeria for over 30 years, appealed his conviction for illegal worshipping in his church on 26th March 2024, the date of his 36th wedding anniversary.   

Pastor Youssef is one of the leading figures in the Èglise Protestante d’Algérie (EPA), the Evangelical Protestant group whose 43 churches have been forcibly closed by the Authorities since 2019, leaving only one with its churches open today. Over the past five years, security police in Algeria, with orders from the Ministry of Interior, systematically alleged that the denominations’ church buildings were in violation of various “health and safety” codes. These alleged building code violations, they claimed, justified putting locks over the doors and declaring worship inside the buildings to be illegal. In one case, they physically beat a Pastor in front of his young child because he was peacefully protesting the closure of his church.   

Pastor Youssef has faced baseless criminal prosecutions for his peaceful Christian activities since 2008. He is only the latest person out of 50 Christians to have been convicted by the Courts over the past few years, under the vague offenses of “shaking the faith” of Muslims, illegal worship, or embezzling of tithing donations. The convictions are thought to be a reaction to the large numbers of local Christian converts in the country. “In the 1970s”, Pastor Youssef said at the event, “the government gave out licenses to churches which were largely full of expats. Today, the government is concerned that our churches are almost entirely filled with large numbers of Algerian converts”.   

On 27 March 2024, a different Pastor and four Elders from the church also appealed their three-year prison sentences and fines of 200,000 Algerian dinars. 

Pictured: Pastor Youssef’s church in Algeria

Religious persecution in Algeria 

Algeria is home to nearly 43 million people, with 99% of the population identifying as Sunni Muslim. Christians fall into the 1% of religious minorities. Islam is the official state religion, but Algeria’s constitution recognizes the right of all to worship and speak freely. The Algerian government limits religious freedom and expression through the enforcement of laws, including egregious blasphemy and anti-proselytism laws, which intentionally target and violate the religious freedom rights of Christians and other religious minorities.    

Algeria’s penal and information codes criminalize blasphemy, with punishments including imprisonment for up to five years and fines. The Criminal Code also censors publications by prohibiting content that is “contrary to Islamic morals”. In particular, the government has systematically cracked down on the Evangelical Protestant Church through church closures and raids.   

Violations of the rights of religious minorities are in violation of both international and domestic law. Algeria is a signatory to major human rights treaties, committing it to upholding the rights to freedom of religion and expression.    

Governments and the international community have highlighted the ongoing plight of religious minorities in Algeria. The U.S. Department of State has placed Algeria on its “Special Watch List” since 2021 for its severe violations of religious freedom, and USCIRF advised in its 2024 Annual Report that the country be once again included on the State Department’s “Special Watch List”. In 2021, several U.S. Senators sent a letter to Secretary of State Antony Blinken calling on him to address the increased persecution of religious minorities in Algeria.   

In addition to Pastor Youssef, ADF International also advocated for the release of Hamid Soudad, a Christian-convert in the Evangelical Church of Algeria, who was finally released from prison following a five-year ordeal. In January 2021, Soudad was arrested, convicted, and sentenced in an expedited trial to five years in prison for allegedly insulting Islam and the Prophet Muhammad in 2018. He was finally released from prison in 2023 following advocacy from religious freedom leaders from across the globe, including ADF International.    

Pictured: Pastor Youssef

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Collegiate and Olympic athletes, global human rights leaders call on UN to protect safety and fairness for women in sports

Save girls' sports
  • Olympic swimmer Sharron Davies, U.S. collegiate athlete Lainey Armistead, Alliance Defending Freedom CEO Kristen Waggoner and global leaders appeal to UN to keep women’s sports fair and female-only. 
  • ADF International convenes UN event alongside Paraguay, Cameroon, Morocco and Malaysia to advocate for human rights of female athletes across the globe.  
Save girls' sports

NEW YORK CITY (17 October 2024): At United Nations Headquarters in New York City yesterday, female athletes and international leaders called on the international community to preserve and protect fairness and safety in sports for women and girls.  

Olympic swimmer Sharron Davies, U.S. collegiate athlete Lainey Armistead, and ADF CEO Kristen Waggoner, UN Rapporteur Reem Alsalem, were among those that addressed government and UN officials during an event convened by ADF International as part of the ongoing 79th session of the UN General Assembly on Wednesday, 16 October.  

In her address, Armistead, a former West Virginia collegiate athlete represented by Alliance Defending Freedom, shared: “West Virginia has a law that ensures that only biological women can compete in women’s sports. Yet during my time as WVSU, I began to hear stories of women getting sidelined – and even getting hurt – while competing against males in women’s sports. In just the last three years, the one male athlete who has been allowed to compete against girls in West Virginia has already displaced nearly 300 girls. And that’s just one athlete.” Armistead’s lawsuit to defend West Virginia’s protections for women in sports has been appealed to the U.S. Supreme Court.  

Armistead continued, saying “I’m here today because we’ve all seen what happens when males are allowed to compete on women’s teams… it’s demoralizing and unfair, and just plain wrong.”  

“Females are at a physical disadvantage. This doesn’t mean that we’re worse or better, it just means that we’re biologically different,” said Davies, who competed as a swimmer at three different Olympic games and addressed the gathering virtually. “I don’t know a single person that wants to exclude anybody. However, we do want to see women have fair and safe sport. And we cannot wait until a woman is seriously injured or worse still, killed, to be able to deal with the science and the obvious and the common sense.”  

Video: Sharron Davies’ virtual remarks

The U.S. and International playing field 

Kristen Waggoner, CEO, president, and general counsel of Alliance Defending Freedom and ADF International, joined the athletes on the panel, testifying to the work being done by the organizations to protect women’s sports: “International law has long recognized equality and non-discrimination – including on the basis of sex – as a fundamental pillar of human rights. Unfortunately, many countries have fallen short of their human rights obligations toward women and girls in sports. We’ve learned the hard way that if female sports aren’t protected, it does grave harm to women and girls.”  

Waggoner continued, saying “Our hope at ADF is that the international community will turn its attention to this critical issue – ensuring women and girls can pursue sporting opportunities should they desire AND protecting female athletes from harm and indignity. Our plea to the world is to learn from the mistakes that have been made – and that are now being corrected – so that your daughters can walk into a future of fair and safe sports.” 

In addition to advocacy in the international community by ADF International, Alliance Defending Freedom is representing Lainey Armistead and other female athletes who are looking to protect women and girls from having to compete against males. The Alliance Defending Freedom is also challenging the Biden-Harris Administration’s rewrite of Title IX protections for women and girls.  

Pictured: Lainey Armistead & Kristen Waggoner

Global protections for women and girls 

Reem Alsalem, the UN Special Rapporteur on Violence Against Women and Girls, joined the calls to protect female-only sports at the event, remarking that,“Women and girls in sport are experiencing new forms of discrimination based on their sex. One glaring example is the opening the female category of sports to males, further undermining their access to equal opportunities and the right to participate in safety, dignity and fairness. In fact, I do not hesitate to say that the failure to protect the female category is one of the most egregious forms of violence against women and girls as the essence of being ‘female’ is willfully pushed aside and ignored resulting in distress, pain, humiliation, frustration, and anger at the loss of dignity and sheer injustice confronted.”  

In December 2023, Alsalem publicly warned the Biden Administration that altering the definition of women in “Title IX” would result in “loss of privacy, an increased risk of physical injury, heightened exposure to sexual harassment and voyeurism, as well as a more frequent and accumulated psychological distress due to the loss of privacy and fair and equal sporting and academic opportunities.”    

Giorgio Mazzoli, Director of UN Advocacy for ADF International, said: 

“Female sports and spaces belong to women and girls. Under international law, States have an obligation to prohibit and prevent discrimination on the basis of sex. The voices of women and girls whose achievements have been directly affected by male participation in female sports categories can no longer be ignored. It is past time for States and sports bodies across the globe to follow the science and uphold safety and fairness in female sports.” 

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GUILTY: Army Vet convicted for praying silently near abortion facility 

  • Army veteran and father of two, Adam Smith-Connor, found guilty of breaching censorial “buffer zone” with prayerful thoughts in his mind
  • “All I did was pray to God” – ADF UK supported legal defence, considering appeal 

DORSET (16th October 2024) – A man charged for praying silently in an abortion “buffer zone” in Bournemouth has been found guilty in a shock ruling from Bournemouth Magistrates’ Court. 

Bournemouth, Christchurch & Poole Council charged Adam Smith-Connor, a military veteran and father of two, following an interrogation by office on “the nature of his prayers” when he stopped to pray for a few minutes near an abortion facility in November 2022. 

“Today, the court has decided that certain thoughts – silent thoughts – can be illegal in the United Kingdom.That cannot be right."

- Adam Smith-Connor, convicted for silently praying

The Court sentenced Smith-Connor to a conditional discharge and ordered him to pay prosecution costs of £9,000. A conditional discharge is a type of conviction that means Smith-Connor will only be sentenced if he is convicted of any future offences in the next two years. 

In its decision, the court reasoned that his prayer amounted to “disapproval of abortion” because at one point his head was seen slightly bowed and his hands were clasped. 

Responding to the ruling, Smith-Connor stated: 

“Today, the court has decided that certain thoughts – silent thoughts – can be illegal in the United Kingdom. That cannot be right. All I did was pray to God, in the privacy of my own mind – and yet I stand convicted as a criminal? 

“I served for 20 years in the army reserves, including a tour in Afghanistan, to protect the fundamental freedoms that this country is built upon. I continue that spirit of service as a health care professional and church volunteer. It troubles me greatly to see our freedoms eroded to the extent that thoughtcrimes are now being prosecuted in the UK.” 

Despite battling bankruptcy warnings and being forced to cut “all non-essential spending”, Bournemouth, Christchurch & Poole Council spent more than £90,000 on legal fees to prosecute the offence, which carries a maximum penalty of £1,000. 

Interrogated for a prayer

Smith-Connor was confronted by officers who asked “what is the nature of your prayer?”, on a public green within a large “buffer zone” – an area covering several streets in the town – in which authorities have banned various expressions of pro-life or Christian belief, including through offering help to women in crisis pregnancies, or praying. 

Read the full text of the Public Spaces Protection Order here.

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Commenting on the trial and the use of public funds ahead of the verdict, politician Miriam Cates said: 

“This isn’t 1984, but 2024 – nobody should be on trial for the mere thoughts they hold in their mind. It’s outrageous that the local council are pouring taxpayer funding into prosecuting a thoughtcrime, at a time where resources are stretched thin. Buffer zone regulation are disproportionately wide, leaving innocent people vulnerable to prosecution merely for offering help, or simply holding their own beliefs.” 

The defence contended that Adam’s prayerful thoughts and the fact that he held certain beliefs and opinions could not in themselves amount to a crime, particularly when he stood peacefully and silently on a public street.  

Smith-Connor did not outwardly manifest his prayer by kneeling, speaking, or holding any signs. He made every effort to be out of the line of sight of the abortion facility, positioned behind a tree with his back to the facility and did not engage with any other person. 

Responding to today’s ruling, Jeremiah Igunnubole, Legal Counsel for ADF UK, said: 

“This is a legal turning point of immense proportions. A man has been convicted today because of the content of his thoughts – his prayers to God – on the public streets of England. We can hardly sink any lower in our neglect of basic fundamental freedoms of free speech and thought. We will look closely at the judgment and  are considering options to appeal. Human rights are for all people – no matter their view on abortion.” 

Five councils across the UK currently have active “buffer zones” or censorship zones banning prayer and offers of charitable help to women on the public streets near abortion facilities.  

The UK Parliament voted to roll out “buffer zones” around every abortion facility in England & Wales as part of the Public Order Act 2023.  

The Labour Government have announced plans to implement the zones on 31st October. Under the national law, “influencing” someone’s decision to “access” abortion services will become a crime. 

Commenting on the upcoming enforcement of national buffer zones, Jeremiah Igunnubole said: 

“We all influence each other’s decisions all the time – be it through the advice of a parent, the concern of a friend, or the information made available through a charitable volunteer. But the Public Order Act is written so vaguely that these everyday, peaceful, caring conversations could be made illegal on certain streets of England when it comes to discussing abortion.  

“The right to hold a consensual conversation, or engage in silent prayer, are protected by international legal provisions on freedom of thought and speech. Yet the lack of clarity in the law could result in many more citizens like Adam being interrogated or even charged for simply directing silent thoughts towards God.  

This is a watershed moment for British freedoms, and one the public must not take lightly.” 

Commenting on the trial, Father of the House Sir Edward Leigh MP said: 

“It is disgraceful that in Britain in 2024 someone can be put on trial for praying silently in his head. Unfortunately we have seen repeated cases of free speech under threat in the UK when it comes to the expression of Christian beliefs. To offer a prayer silently in the depths of your heart cannot be an offence. The government must clarify urgently that freedom of thought is protected as a basic human right.” 

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Pictured: Adam Smith-Connor; Jeremiah Igunnubole, legal counsel for ADF UK