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Archive for the ‘Art. 2 | Right to life’ Category

Climate change human rights litigation: is it so radical? Nicola Peart

Posted in Art. 2 | Right to life, Art. 8 | Right to Privacy/Family, Environment, In the news, International on May 9, 2012 | 5 Comments »

 In the UK there are at present no rights expressly cast in terms applicable to climate change, nor have our traditional human rights been extensively interpreted as covering climate change consequences. As David Hart QC identifies in his blog, Is climate change a human rights issue?, human rights principles, to be useful for climate change [...]

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“Murder most foul”: The right to life investigating homicide

Posted in Art. 2 | Right to life, Case summaries, Criminal, Inquests and Inquiries on May 1, 2012 |

R (Medihani) v. HM Coroner for Inner South District of Greater London [2012] EWHC 1104 (Admin) – Read judgment. In what circumstances is a criminal trial not sufficient to discharge the State’s duties under Article 2, the right to life, towards a victim of murder? The High Court held last week in this tragic case [...]

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Is climate change a human rights issue?

Posted in Art. 2 | Right to life, Environment, Features, In the news, International on April 24, 2012 | 4 Comments »

In his thought-provoking Guardian post Climate change is a human rights issue – and that’s how we can solve it, Olivier De Schutter, UN Special Rapporteur on the right to food, makes a case for human rights playing a radical new part in our response to climate change. His argument involves a number of propositions: (i) global [...]

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No extradition for Shrien Dewani – for now

Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Case law, Case summaries, Criminal, Immigration/Extradition, In the news, Mental Health, Prisons, tagged , , , , on March 31, 2012 |

The Government of the Republic of South Africa v Shrien Dewani- Read decision The extradition to South Africa of Shrien Dewani, the man accused of murdering his wife on honeymoon there in 2010, has been delayed pending an improvement in his mental health. The case made headlines in 2010, when the story broke of a honeymooning [...]

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From County Court Strike Out to Strasbourg Success

Posted in Art. 2 | Right to life, Case comments, Damages, In the news, Inquests and Inquiries, Mental Health, tagged on March 30, 2012 | 4 Comments »

Reynolds v United Kingdom [2012] ECHR 437 – read judgment What – if anything – can a claimant do when she suspects that the domestic law is not only out of kilter with Strasbourg jurisprudence but is also denying her even an opportunity to bring a claim? Taking arms against a whole legal system may [...]

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Flooding claims from Vladivostok get to Strasbourg – and win

Posted in Art. 2 | Right to life, Art. 8 | Right to Privacy/Family, Article 1 | ECHR jurisdiction, Article 13 | Effective remedy, Case comments, Case law, Environment on March 27, 2012 |

Kolyadenko v. Russia EHCtR, 28 February 2012  This was the scene in the riverbed lying below a large reservoir near Vladivostok. There had been very heavy rain, causing the managers of the reservoir to let water through into that riverbed for fear that the reservoir might collapse. But the channel beneath was not exactly clear of obstructions, [...]

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Compelling reasons but no need for truly drastic circumstances: second stage immigration appeals revisited

Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Costs and Procedure, Immigration/Extradition, International on March 23, 2012 |

JD (Congo)  and others v Secretary of State for the Home Department, Public Law Project [2012] EWCA Civ 327 The Court of Appeal has considered the test for granting permission at the second stage of appeal in immigration cases, when someone wishes to appeal from the Upper Tribunal to the Court of Appeal. The test [...]

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Analysis | Rabone and the rights to life of voluntary mental health patients – Part 2/2

Posted in Art. 2 | Right to life, Case comments, Inquests and Inquiries, Medical, Mental Health, tagged on February 14, 2012 | 1 Comment »

This is the second of two blogs on the recent Supreme Court case of Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 . Part 1 is here. In my previous blog on the Supreme Court’s judgment in Rabone I discussed the central feature of the case, the extension of the operational [...]

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Analysis | Rabone and the rights to life of voluntary mental health patients – Part 1/2

Posted in Art. 2 | Right to life, Case comments, Medical, Mental Health, Social Care on February 12, 2012 | 5 Comments »

Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 – Read judgment  (On appeal from [2010] EWCA Civ 698  and [2009] EWHC 1827 ) At first sight, Article 2 – the ‘right to life’ – seems to be a prohibition on extra-judicial executions and state-sponsored death squads. It does, of course have a [...]

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Hospital had human rights duty to protect voluntary patient from suicide, rules Supreme Court

Posted in Art. 2 | Right to life, Case summaries, Medical, Mental Health, Personal Injury, Social Care, tagged , , , on February 8, 2012 | 1 Comment »

This post originally displayed an image of a sign at Stepping Hill Hospital, including reference to Stockport NHS Foundation Trust. The case did not involve Stockport NHSFT so I have removed the image: my apologies for any confusion caused. In the absence of any interesting images of Pennine Care NHS Trust, who were the Respondent, [...]

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Are lawyers in right-to-die cases breaking the law?

Posted in Art. 2 | Right to life, Art. 6 | Right to Fair Trial, Art. 9 | Thought/Conscience/Religion, Case summaries, Criminal, Disciplinary Proceedings, Medical, tagged , on January 31, 2012 |

Philip Havers QC of 1 Crown Office Row is representing Martin in the judicial review proceedings.  He is not the author of this post. Albert Camus famously wrote: ‘there is but one truly serious philosophical problem and that is suicide.’  However profound a philosophical problem, the question of suicide or, more precisely, assisted suicide is proving quite [...]

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A step closer to the legalisation of assisted suicide?

Posted in Art. 2 | Right to life, Art. 8 | Right to Privacy/Family, Family, In the news, Medical, Mental Health, tagged , , on January 5, 2012 | 1 Comment »

The Commission on Assisted Dying, set up in September 2010 and chaired by former Lord Chancellor Charles Falconer, has issued its monumental report on assisted dying in England and Wales. The Commission was funded by two supporters of assisted suicide, author Terry Pratchett and businessman Bernard Lewis, and despite reassurances that the running and outcome [...]

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Investigation team “lacks necessary independence” for MOD ill-treatment allegations

Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Case summaries, Inquests and Inquiries, Politics / Public Order, Technology on November 23, 2011 | 1 Comment »

Ali Zaki Mousa v Secretary of State for Defence & Anr   [2011] EWCA Civ 133   - read judgment Philip Havers QC of 1 Crown Office Row represented the respondent secretary of state in this case. He is not the author of this post. The Court of Appeal has ruled that the Iraq Historic Allegations [...]

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Al-Skeini may open door to more war claims

Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case comments, European, International, tagged on August 15, 2011 | 2 Comments »

The recent European Court of Human Rights (ECtHR) judgment in Al-Skeini will certainly enter the Court’s hall of fame as a landmark judgment for pushing the boundaries of the European Convention on Human Rights’s jurisdiction. While it may take us some time to appreciate the full implications of this judgment, one of its possible consequences is the [...]

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Will the Detainee Inquiry be human rights compliant?

Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, In the news, Inquests and Inquiries, tagged on August 8, 2011 |

Ten human rights campaign groups and the lawyers for a number of detainees alleging UK involvement in their mistreatment have confirmed that they will be boycotting the impending Detainee Inquiry. We recently posted on the publication of the Terms of Reference and the Protocol for the Detainee Inquiry and set out some of the reaction [...]

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