As expected, last week’s Queen’s Speech included plans to reform libel law. This follows a concerted campaign to improve protection of the right to free expression and bring greater clarity to England’s libel law. But the question for those who wanted to see reform, now the Defamation Bill has been published, is whether the reforms [...]
Archive for the ‘Art. 8 | Right to Privacy/Family’ Category
Comment: How will the Defamation Bill protect free speech?
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Defamation / Libel, In the news, tagged Defamation Bill, free expression, libel reform, Queen's Speech on May 20, 2012 | 1 Comment »
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 [...]
Should we outlaw genetic discrimination?
Posted in Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Discrimination, Employment, Features, In the news, Medical, Technology, tagged Discrimination, DNA, Equality Act, Equality Act 2010, freedom of information, genetic discrimination, genetics, health insurance, human rights, insurance, life insurance, Right to Privacy on May 9, 2012 | 2 Comments »
The late US law Professor Paul Miller reflected recently that Beethoven, Stephen Hawking and Elton John were examples of individuals whom, if they had been tested for serious genetic conditions at the start of their careers, may have been denied employment in the fields in which they later came to excel. Earlier this month the [...]
Refusal of child care leave to female prisoners was unlawful, rules High Court
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Criminal, Family, In the news, Prisons, tagged child protection, children's rights, Prisoners on April 16, 2012 |
MP, R(on the application of) v the Secretary of State for Justice [2012] EWHC 214 (Admin) – read judgment The prison authorities had acted unlawfully in restricting childcare resettlement leave to prisoners who were within two years of their release date and had been allocated to “open” conditions. Two female prisoners applied for judicial [...]
Man can be deported despite living in UK since age of three
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case comments, Case law, Case summaries, Criminal, Immigration/Extradition, International, Mental Health, tagged deportation, Family life, Private life on April 15, 2012 | 3 Comments »
Balogun v UK [2012] ECHR 614 - Read judgment It has been a week of victories for the UK government in deportation cases in the European Court of Human Rights. On the same day as the ECtHR found that Abu Hamza and four others could be extradited to the US on terrorism charges, it also rejected [...]
What’s so wrong with incest? The case of Stübing v Germany
Posted in Art. 8 | Right to Privacy/Family, Case comments, Criminal, European, Medical, tagged human rights on April 15, 2012 | 4 Comments »
Stübing v Germany (no. 43547/08), 12 April 2012 - Read judgment The European Court of Human Rights (fifth section) has ruled unanimously that Germany did not violate Article 8 of the European Convention on Human Rights (right to respect for private and family life) by convicting Patrick Stübing of incest Professor Jonathan Haidt, a well-known social psychologist, presented [...]
US press response to Abu Hamza extradition decision
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, European, Immigration/Extradition, In the news, Terrorism on April 11, 2012 | 3 Comments »
Waking up in New York this morning, I find the newspapers are much exercised by the recent decision of the Strasbourg Court to allow the extradition of certain terror suspects to the US, as discussed in Isabel McArdle’s post. The colourful New York Post declares unambiguously that “Thugs face Extradition” (April 11), following its banner [...]
The dangers of data snooping – Angela Patrick
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Criminal, In the news, Police, Politics / Public Order, Technology, tagged Communications Data Bill 2008, data snooping, surveillance on April 6, 2012 | 6 Comments »
Civil liberties and the coalition have been happily filling the political pages this week. The damning conclusion of the Joint Committee on Human Rights that there is no evidence to justify expanding closed proceedings (expertly dissected by Rosalind English earlier in the week) vied for column inches with leaks that the Government planned to introduce [...]
All by myself: segregation, prisons and Article 6
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Prisons, tagged Prisoners, prisoners rights, right to a fair trial, segregation on March 30, 2012 |
Bourgass and others v Secretary of State for Justice [2012] EWCA Civ 376 Read decision The ability to interact with other prisoners is a major part of prison life, and not one many prisoners would give up willingly. But there are circumstances where prisoners have to be segregated from the rest of the prison population, [...]
Can a homosexual person adopt his or her partner’s child? The case of Gas and Dubois v France.
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Children, Discrimination, Family, In the news, Poor reporting on March 29, 2012 | 2 Comments »
Gas and Dubois v France (2012) (application no 25951/07). Read judgment (in French). The French government did not violate articles 8 (right to respect for private and family life) and 14 ECHR (right not to be discriminated against in one’s enjoyment of Convention rights and freedoms) in not allowing one partner in a homosexual couple to [...]
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, [...]
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 [...]
The game changed back: Barr v. Biffa reversed
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case law, Environment, In the news, Public/Private on March 19, 2012 | 1 Comment »
Barr v. Biffa, CA, 19 March 2012, read judgment For the last year or so, the law of nuisance has been in a state of flux pending this appeal. In this case about an odorous landfill, Coulson J had ruled that compliance with the waste permit amounted to a defence to a claim in nuisance, [...]





Unlawful to refuse support for Portuguese with AIDS – Nearly Legal
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case comments, European, Housing, Medical, Social Care, tagged Health, medicine on May 15, 2012 | Leave a Comment »
De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) – Read judgment This was a judicial review of RBK&C’s refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment under s.47 of the National Health Service and Community [...]
Read Full Post »