Schalk and Kopf v. Austria (application no. 30141/04) – Read judgment / press release / press release 2 The European Court of Human Rights has refused permission to appeal in a challenge to the ban on gay marriage in Austria. The effect of the decision is to make the court’s rejection of the same-sex couple’s [...]
Archive for November, 2010
European states will not be forced to allow gay marriage
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Case summaries, European, Family, Margin of Appreciation, tagged Gay marriage on November 30, 2010 | 3 Comments »
Costing the planet: should environmental cases have a free run?
Posted in Art. 6 | Right to Fair Trial, Environment, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property on November 30, 2010 |
Big business between government and property developers may be at risk from public interest challenges in the courts if current obstacles are removed. Following critical findings by a UN environmental body, the Government has set out its latest proposals for allocating the costs burden in environmental cases. The current position is that an applicant who seeks [...]
Failure to deport Philip Lawrence killer was not about human rights
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Features, Immigration/Extradition, Poor reporting, tagged Chindamo, Philip Lawrence on November 29, 2010 |
It has been widely reported that Learco Chindamo, who was convicted of killing headmaster Philip Lawrence in 1995, has been rearrested only months after being released from jail. The story has reopened a debate over the Human Rights Act, on the basis that it prevented Chindamo from being deported to his native Italy. But did [...]
Asylum tribunal must think properly about private life
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Immigration/Extradition, tagged HM (Iraq) v The Secretary of state for the home department [2010] EWCA Civ 1322, Iraqi asylum seeker on November 26, 2010 |
HM (Iraq) v The secretary of state for the home department [2010] EWCA Civ 1322 – Read judgment The Court of Appeal has overruled the Asylum and Immigration Tribunal’s decision to deport a 25-year-old Iraqi citizen who had lived in the UK since he was 12 and had recently been sent to prison for drug [...]
Asylum seeker’s lies relevant to outcome of claim, says Supreme Court
Posted in Art. 3 | Torture / Inhumane Treatment, Case summaries, Criminal, Immigration/Extradition on November 25, 2010 |
MA (Somalia) (Respondent) v Secretary of State for the Home Department (Appellant) [2010] UKSC 49. Read judgment Update, 26 November – Rosalind English’s case comment is here The following report is based on the press summary provided by the Supreme Court. The issues raised in this appeal were: (1) the correct approach to the relevance [...]
Jury summings-up should be binned, says judge
Posted in Art. 6 | Right to Fair Trial, In the news, Judges and Juries, tagged trial by jury on November 24, 2010 |
Updated | Juries are often being hindered by judges’ interventions, Lord Justice Moses has argued in the Annual Law Reform Lecture at Inner Temple. In an illuminating and entertaining speech, he argued that many of the directions to juries are unhelpful and given in a “foreign tongue”, and that we should “no longer pretend that judges [...]
Powers which “strike at the heart of our constitutional system” may be diminished
Posted in In the news, Politics / Public Order, tagged Henry VIII on November 24, 2010 |
Updated | The House of Lords has voted against the Public Bodies Bill for a second time, making it more likely that the so-called Henry VIII powers buried within it will be revised. The House defeated the bill by 235 votes to 201. The Bill, which has already attracted attention for seeking to abolish 192 quangos, was [...]
UK and Strasbourg to conflict over return of Iraqi refugees
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Immigration/Extradition, In the news, Terrorism on November 24, 2010 |
Iraqis whose applications for asylum are unsuccessful will be continued to be deported, according to a government minister. The announcement comes despite the European Court of Human Rights effectively calling for a freeze on the practice. The BBC reported on Monday that Foreign Office minister Alistair Burt told the them that Iraq was now considered safe [...]
Sexual orientation removed from UN resolution condemning executions
Posted in Art. 14 | Anti-Discrimination, Art. 2 | Right to life, Blog news, In the news, International, tagged UN Resolution on November 24, 2010 |
The Social, Humanitarian and Cultural Affairs Commitee of the United Nations has narrowly voted to remove sexual orientation from a draft resolution against extrajudicial, summary or arbitrary executions. In light of the guarantee of the right to life, liberty and security of person in the Universal Declaration of Human Rights and the International Covenant on Civil and [...]
Europe sets deadline for UK to let prisoners vote, or else
Posted in Case summaries, European, In the news, Prisons, Protocol 1 Art. 3 | Free elections, tagged prisoner vote on November 23, 2010 | 1 Comment »
Updated | Greens and M.T. v. the United Kingdom (application nos. 60041/08 & 60054/08) – Read judgment / press release (which the case summary below is based on) The European Court of Human Rights is to give the UK a deadline of six months in order to allow prisoners to vote in elections, or it [...]
Analysis: Pet shock collar ban – barking, or a new era for rights?
Posted in Agriculture, Animals, Case comments, Case law, Environment, European, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged animal rights on November 23, 2010 |
Updated | The recent High Court decision upholding the ban on electronic training collars for domestic animals raises the interesting and topical issue of animal welfare and its role in EU law. In her post on the case Catriona Murdoch discusses the various arguments involved, from human rights to irrationality to proportionality under EU law, [...]
Electric shock pet collar ban did not breach human rights
Posted in Animals, Case summaries, European, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged animal welfare on November 23, 2010 |
Petsafe Ltd, R (on the application of) v The Welsh Ministers [2010] EWHC 2908 (Admin) (16 November 2010) - Read judgment The High Court has ruled that a Welsh ban on the use of collars designed to administer electric shocks to cats and dogs does not breach Article 1 of the First Protocol of the ECHR [...]
Government loses 7/7 inquests secret evidence appeal
Posted in In the news, tagged 7/7 inquests on November 22, 2010 |
The Secretary of State for the Home Department has lost an appeal against a ruling of 7/7 inquests coroner that secret evidence must be heard in public. Lords Justice Maurice Kay and Stanley Burnton upheld Lady Justice Hallett’s ruling of 3 November. The judges will provide their full reasoning at a future date. In the [...]
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Recommended- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
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- Case law
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UKHRB on Twitter
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Disclaimer
Lies and damned lies: the standard of proof in asylum cases
Posted in Art. 3 | Torture / Inhumane Treatment, Case comments, Criminal, Immigration/Extradition, In the news on November 26, 2010 |
MA (Somalia) (Respondent) v Secretary of State for the Home Department (Appellant) [2010] UKSC 49 – read judgment (press summary in earlier post) The Supreme Court has ruled that where the Asylum and Immigration Tribunal (AIT) had directed itself correctly as to the impact of an asylum seeker’s lies on his claim, the Court of [...]
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