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: [...]
Archive for the ‘Art. 2 | Right to life’ Category
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 »
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 |
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 |
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 |
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 |
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 [...]
A welcome clarification for relatives of the dead
Posted in Art. 2 | Right to life, Case comments, Inquests and Inquiries on December 23, 2010 |
Legal Services Commission v Humberstone, R.( On the application of) [2010] EWCA Civ 1479 (21 December 2010) – Read judgment The high court was right to quash the decision of the Legal Services Commission not to recommend public funding for a mother to be represented at the inquest into the death of her 10-year-old son. [...]
Ireland must make access to abortion easier in life threatening situations
Posted in Art. 14 | Anti-Discrimination, Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case summaries, European, In the news, Margin of Appreciation, Medical, tagged abortion, European Court of Human Rights, Ireland on December 16, 2010 |
CASE OF A, B AND C v. IRELAND (Application no. 25579/05) – Read judgment / press release The Grand Chamber of European Court of Human Rights has ruled unanimously that abortion must be more accessible in Ireland for women whose lives are at risk. It rejected applications that abortion must be more widely available in [...]
EU fundamental rights do not extend to US death row, says High Court
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Case comments, Criminal, European, In the news on December 2, 2010 |
R (on the application of Zagorski and Baze) v Secretary of State for Business, Innovation and Skills and Archimedes Pharma UK Ltd – read judgment The Administrative Court has put down a marker on the potential applicability of the EU Charter of Fundamental Rights about the morality of certain trade with the United States. The [...]
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 [...]
Legal aid cuts announced, significant reduction in funding of civil and family cases
Posted in Art. 2 | Right to life, Art. 6 | Right to Fair Trial, Criminal, Employment, Family, In the news, Medical, tagged legal aid cuts on November 15, 2010 | 1 Comment »
Updated x 2 | The lord chancellor Ken Clarke has announced plans for significant cuts to the legal aid system, which provides funding for legal representation to those who otherwise cannot afford it. The plans were largely as expected and will be open to consultation. Update: The MoJ has published full details of the plans: The [...]
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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 |
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 [...]
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