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, [...]
Archive for the ‘Art. 2 | Right to life’ Category
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 assisting suicide, suicide act 1961 on January 31, 2012 | Leave a Comment »
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 [...]
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 assisted suicide, non voluntary euthanasia, terry pratchett 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 [...]
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 [...]
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 Detainee inquiry on August 8, 2011 | Comments Off
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 [...]
War, power and control: the problem of jurisdiction
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case comments, Case law, European, International, tagged Al Jedda, Al Skeini on July 14, 2011 | Comments Off
The decisions by the Grand Chamber of the European Court of Human Rights in Al-Skeini and Al-Jedda, handed down last Thursday, have generally been hailed as leap forward for human rights protection. We have already provided a summary of the decisions and pointed to some of the commentary here. However, it is worth considering the core [...]
Strasbourg judge: “Those who export war ought to see to the parallel export of guarantees against the atrocities of war”
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case summaries, European, International, Margin of Appreciation, tagged Al Jedda, Al Skeini on July 7, 2011 | 1 Comment »
Updated | The legal blogs have been busy reporting on this morning’s important decisions of the Grand Chamber of the European Court of Human Rights in Al-Skeini and Al-Jedda – see my post. There has been coverage already from PHD Studies in Human Rights, the Human Rights in Ireland Blog (update – see also EJIL: Talk: [...]
European Convention on Human Rights applied in Basrah, UK failed duties to Iraqi civilians
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case summaries, European, International, Margin of Appreciation, tagged Al Jedda, Al Skeini on July 7, 2011 | Comments Off
Al-Skeini v. United Kingdom, European Court of Human Rights Grand Chamber (Application no. 55721/07) - Read judgment / press release Al-Jedda v. the UK (Application No. 27021/08)- Read judgment / press release The Grand Chamber of the European Court of Human Rights has ruled that from 1 May 2003 to 28 June 2004 the UK had jurisdiction under Article [...]
Where in the world does the Human Rights Act apply?
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case comments, European, Inquests and Inquiries, International on July 1, 2011 | Comments Off
Smith & Ors v Ministry of Defence [2011] EWHC 1676 (QB) – Read judgment The Human Rights Act applies in the UK. That much is clear. Whether it applies outside of UK territory is a whole other question, and one for which we may have a new answer when the Grand Chamber of the European [...]
Does “bringing rights home” mean bringing problems home too?
Posted in 1COR, Art. 2 | Right to life, BLOG POSTS, Case comments, Case law, Case summaries, Features, Inquests and Inquiries, International, Margin of Appreciation, Police, Politics / Public Order, Terrorism on June 13, 2011 | Comments Off
McCaughey & Anor, Re Application for Judicial Review [2011] UKSC 20 (18 May 2011)- Read judgment The Supreme Court has followed the European Court of Human Rights in ruling that an inquest into the death of two people killed before the introduction of the Human Rights Act is still bound by the rules laid down [...]
Do burglars have human rights?
Posted in Art. 10 | Freedom of Expression, Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Criminal, Features, In the news, Politics / Public Order on April 4, 2011 | 4 Comments »
The proposition that burglars have rights incites debate, and sometimes anger, which is often directed towards the Human Rights Act 1998 and the European Convention of Human Rights. However, on closer examination, the idea of “burglars’ rights” is not a new phenomenon in English law, and nor has it been imposed upon us by Strasbourg. [...]
A shock decision?
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Case comments, Case summaries, Children, Police, Politics / Public Order, tagged Standing, Taser on February 15, 2011 | Comments Off
JR1, Re Judicial Review [2011] NIQB 5 – Read judgment A decision of the Northern Ireland high court has highlighted the continued narrow definition of “standing”, or the right to bring a claim, under the Human Rights Act 1998. An 8-year-old child applied to bring a claim, which included a challenge under Article 2 of the European [...]
States Not Obliged to Assist Persons Wishing to Commit Suicide – Antoine Buyse
Posted in Art. 2 | Right to life, Case summaries, Medical, tagged assisted suicide on January 23, 2011 | 1 Comment »
Last week, the European Court of Human Rights decided in the case of Haas v. Switzerland (judgment in French only) that the right to private life is not violated when a state refuses to help a person who wishes to commit suicide by enabling that person to obtain a lethal substance. The applicant in the case, [...]
Criminals have human rights too, says Court of Appeal
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Case comments, Criminal, Police, tagged human rights on December 29, 2010 | 4 Comments »
Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010) – Read judgment The Court of Appeal has ruled that the family of a drug smuggler who died after being poisoned by 116 swallowed cocaine packages can bring a human rights claim against the state, despite his [...]
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Recommended- The Fat Tax - Daniel Barnett - Dale & Co. February 9, 2012
- Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 – Sara Mansoori February 9, 2012
- Supreme Court decision on Rabone v Pennine Care NHS Trust - Hempsons February 9, 2012
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
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- Wigs off, jeans on at the Judicial College | Joshua Rozenberg | Law | guardian.co.uk February 8, 2012
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- Case law
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Othman v Secretary of State for the Home Department [2012] UKSIAC B1 (6 February 2012) February 8, 2012Terrorist suspect Abu Qatada granted bail on strict conditions. However, Secretary of State must show evidence of progress in his deportation in next 3 months then deprivation of liberty will no longer be justifiable.
- AT v Secretary of State for the Home Department [2012] EWCA Civ 42 (07 February 2012) February 7, 2012Control order of member of Libyan Islamic Fighting Group ruled unlawful as wasn't given enough information about case against him as mandated in A v UK
- Moussaoui, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 126 (Admin) (03 February 2012) February 6, 2012Detention of Mentally ill foreign criminal pending deportation was unlawful as regular reviews not carried out. Given damages of £1
- Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 February 1, 2012Investigator Glen Mulcaire loses self-incrimination appeal against order that he should reveal phone hacking clients.
- D and S, R (on the application of) v Manchester City Council [2012] EWHC 17 (Admin) (12 January 2012) January 31, 2012Chalenge by 2 elderly disabled people to £17m adult social care cuts by Manchester City Council fails. Consultation and regard to equality duties adequate.
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012
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- Libya employee can sue for dismissal in UK February 8, 2012 Rosalind English
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- Axel Springer and Von Hannover: Grand Chamber victory for media – Inforrm February 7, 2012 1 Crown Office Row
Disclaimer
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 Al Skeini 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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