Decision

Human Dignity Trust: Charity Commission decision - summary

Published 4 October 2013

This decision was withdrawn on

This Regulatory decision has been archived in line with our policy because it’s over 2 years old.

Applies to England and Wales

The Commission considered an application by the Human Dignity Trust (“the Company”) for registration as a charity. The Company’s objects are:

“To promote and protect human rights (as set out in the Universal Declaration of Human Rights and subsequent United Nations conventions and declarations) throughout the world, and in particular (but without limitation):

  • the rights to human dignity and to be free from cruel, inhuman or degrading treatment or punishment;
  • the right to privacy and to personal and social development; and
  • to promote the sound administration of the law”

The Commission formed the view that the Company’s objects were not exclusively charitable and the organisation could not be entered into the register of charities. The Company applied for decision review.

The review concluded that the purposes of the Company are not exclusively charitable in law. In addition as its purpose is directed towards changing the law it cannot meet the public benefit requirement for a charity.

The evidence showed that the principal activity of the Company is to bring legal proceedings in certain foreign jurisdictions, or in international courts, to clarify the law where the Company considers that domestic legislation criminalising homosexuality is at variance with constitutional law or international law.

The Charities Act 2011 recognises that the advancement of human rights is a charitable purpose subject to the public benefit requirement being met. The case law relating to public benefit precludes purposes directed to changing the law being charitable, however worthy the aspirations given the complexity of the cultural, social, religious dimension in the legal framework of a foreign state.