Category: human rights

N v United Kingdom (Application No 26565/05) – Times Law Reports

Posted June 6th, 2008 in asylum, human rights, law reports, medical treatment by sally

N v United Kingdom (Application No 26565/05)

European Court of Human Rights

“The removal of an alien suffering from a serious illness to a country where the facilities for treating that illness were inferior to those available in a state party to the European Convention on Human Rights might raise an issue under the Convention but only in a very exceptional case where humanitarian grounds against removal were compelling.”

The Times, 6th June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

42-day detention would breach human rights law despite concessions, MPs warn – The Guardian

Posted June 5th, 2008 in detention, human rights, news, terrorism by sally

“The government’s concessions on 42-day pre-charge detention for terrorism suspects have left the legislation in breach of human rights law, the joint select committee on human rights will say today.”

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The Guardian, 5th June 2008

Source: www.guardian.co.uk

EU human rights chief renews attack on 42-day detention plan – The Guardian

Posted June 2nd, 2008 in detention, human rights, news, terrorism by sally

“Allowing terrorist suspects to be held without charge for up to 42 days in the UK could encourage other EU countries to pass similar legislation, Europe’s human rights commissioner said today.”

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The Guardian, 2nd June 2008

Source: www.guardian.co.uk

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same – Times Law Reports

Posted May 30th, 2008 in armed forces, human rights, inquests, Iraq, jurisdiction, law reports by sally

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same

Queen’s Bench Division

“The right to life, protected by article 2 of the European Convention on Human Rights, could extend to members of the Armed Forces, wherever they might be; whether it did so would depend on the circumstances of the particular case.”

The Times, 30th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust – Times Law Reports

Posted May 28th, 2008 in hospitals, human rights, law reports, smoking by sally

Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust

Queen’s Bench Divisional Court

“Preventing detained mental patients from smoking was not a breach of article 8, right to respect for private and family life, or article 14, prohibiting discrimination, of the European Convention on Human Rights.”

The Times, 28th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

McCann v United Kingdom – Times Law Reports

Posted May 23rd, 2008 in housing, human rights, law reports by sally

McCann v United Kingdom

European Court of Human Rights

“A local authority which bypassed the statutory scheme for evicting a tenant, had violated his right to respect for the home, as guaranteed by article 8 of the European Convention on Human Rights, when the summary procedure used had not provided appropriate procedural safeguards.”

The Times, 23rd May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BE (Iran) v Secretary of State for the Home Department – WLR Daily

Posted May 22nd, 2008 in armed forces, asylum, human rights, law reports by sally

BE (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 540; [2008] WLR (D) 159

“An Iranian soldier who had been ordered in peacetime to plant land mines liable to kill or maim innocent civilians, and who had deserted, was entitled to international protection as a refugee since the order constituted a requirement that he commit a grave violation of human rights which could further be characterised as ‘gross’ and ‘an atrocity’.

WLR Daily, 21st May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Nasseri) v Secretary of State for the Home Department – Times Law Reports

Posted May 20th, 2008 in asylum, human rights, law reports by sally

Regina (Nasseri) v Secretary of State for the Home Department

Court of Appeal

“A provision which prevented the Secretary of State for the Home Department from considering whether certain listed countries would return asylum seekers in violation of their human rights did not enact an absolute bar, but was limited in scope.”

The Times, 20th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Raising school leaving age to 18 ‘could breach human rights’ – The Guardian

Posted May 16th, 2008 in education, human rights, news by sally

“Making it illegal for children aged 16 to 18 to leave school could be a breach of their human rights, a parliamentary committee said today, creating yet another embarrassment for Gordon Brown.”

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The Guardian, 16th May 2008

Source: www.guardian.co.uk

R (Nasseri) v Secretary of State for the Home Department – WLR Daily

Posted May 16th, 2008 in asylum, human rights, law reports by sally

R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150

“The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person’s removal would contravene his rights under art 3 of the Human Rights Convention. It did not preclude a more general consideration of whether a listed state’s laws and practices were Convention compliant, therefore the list system was not incompatible with art 3 of the Convention.”

WLR Daily, 15th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Yorkshire ripper launches freedom bid – Daily Telegraph

Posted May 14th, 2008 in human rights, mental health, murder, news, sentencing by sally

“Yorkshire ripper Peter Sutcliffe has launched a bid for freedom, claiming his human rights have been breached.”

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Daily Telegraph, 14th May 2008

Source: www.telegraph.co.uk

Human rights law ‘shielding rapists’ – Daily Telegraph

Posted May 14th, 2008 in human rights, murder, news, rape by sally

“A senior police officer has launched a scathing attack against ‘appalling’ murderers and rapists who protect themselves from justice using the Human Rights Act.”

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Daily Telegraph, 13th May 2008

Source: www.telegraph.co.uk

Rapist murderer had right to be housed – Daily Telegraph

Posted May 12th, 2008 in housing, human rights, news, sexual offences by sally

“A convicted rapist sexually assaulted and murdered a teenage girl after a council was told he could not be evicted because it would breach his human rights.”

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Daily Telegraph, 10th May 2008

Source: www.telegraph.co.uk

Secretary of State for the Home Department v AF (No 3) – Times Law Reports

Posted April 25th, 2008 in control orders, disclosure, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF (No 3)

Queen’s Bench Division

“Fair trial provisions guaranteed by the European Convention on Human Rights could not be overcome by a claim that the offended party’s case had no possible chance of success.”

The Times, 25th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Torturous journey – Law Society’s Gazette

Posted April 25th, 2008 in deportation, human rights, special report by sally

“Roger Smith reflects on a bungled attempt by the government to expedite deportations to countries with dubious human rights records.“

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Law Society’s Gazette, 24th April 2008

Source: www.lawgazette.co.uk

R (Black) v Secretary of State for Justice – WLR Daily

Posted April 18th, 2008 in human rights, law reports, parole, prisons by sally

R (Black) v Secretary of State for Justice [2008] EWCA Civ 359; [2008] WLR (D) 114

“S 35(1) of the Criminal Justice Act 1991, giving the Secretary of State power to override a Parole Board recommendation for the release on parole of a prisoner serving a sentence of more than 15 years, was not compatible with art 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 17th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Clash of arms – Law Society’s Gazette

Posted April 18th, 2008 in armed forces, corruption, deportation, human rights, Saudi Arabia, special report by sally

“Four landmark court rulings last week placed into sharp focus the ongoing trial of strength between ministers and the judiciary.”

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Law Society’s Gazette, 17th April 2008

Source: www.lawgazette.co.uk

Regina (Black) v Secretary of State for Justice – Times Law Reports

Posted April 18th, 2008 in human rights, law reports, parole, prisons by sally

Regina (Black) v Secretary of State for Justice

Court of Appeal

“Section 35 of the Criminal Justice Act 1991, giving the Secretary of State for Justice power to block the release on licence of prisoners sentenced between 1991 and 2003 to prison terms of more than 15 years, was not compatible with article 5.4 of the European Convention on Human Rights, providing that anyone deprived of his liberty had the right to have the lawfulness of his detention decided speedily by a court.”

The Times, 18th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

Inmates win ‘cold turkey’ payout – The Times

Posted April 18th, 2008 in compensation, human rights, news, prisons by sally

“Taxpayers have footed a £1 million compensation bill after almost 200 drug-addicted prisoners sued the Government, claiming that denying them a heroin substitute breached their human rights.”

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The Times, 18th April 2008

Source: www.timesonline.co.uk

The Law Explored: human rights on the battlefield – The Times

Posted April 17th, 2008 in armed forces, human rights, special report by sally

“Mr Justice Collins has drawn gasps of disbelief in some quarters by ruling that human rights law might apply to soldiers on active service. In particular, he said, soldiers might enjoy the protection of law on the right to life. ”

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The Times, 16th April 2008

Source: www.timesonline.co.uk