The Brighton Declaration is the latest Declaration (see previously the Interlaken and Izmir Declarations) on the future (and reform) of the European Court of Human Rights made on behalf of the 47 member States to the Council of Europe, the parent organisation for the ECHR. Brighton was the venue, the United Kingdom having taken up [...]
Posts Tagged ‘European Court of Human Rights’
The Brighton Declaration and the “meddling court”
Posted in Bill of Rights, European, In the news, tagged Brighton Declaration, European Court of Human Rights, human rights on April 22, 2012 | 14 Comments »
UK vs. Strasbourg: don’t believe the hype – Alice Donald
Posted in Bill of Rights, European, Politics / Public Order, tagged Brighton Conference, EHRC, European Court of Human Rights on April 20, 2012 | 9 Comments »
The Abu Qatada deadline debacle has once again thrust the European Court of Human Rights – and in particular, its relationship with the UK – into unwanted controversy just as European representatives gathered in Brighton to debate the Court’s future. This new fracas over the deportation of Abu Qatada has acted as a lightning rod [...]
Things to put in your Brighton Conference rucksack
Posted in Bill of Rights, European, In the news, Politics / Public Order, tagged Brighton Conference, European Court of Human Rights on April 18, 2012 | 1 Comment »
As the last hurrah of its Chairmanship of the Council of Europe, beginning today the United Kingdom is hosting the High Level Conference on the Future of the European Court of Human Rights in Brighton. As delegates settle into their Eurostar seats on the way over, here are a few useful tips: 1. If you have forgotten sun [...]
An appeasement approach in the European Court of Human Rights? – Professor Helen Fenwick
Posted in Bill of Rights, European, In the news, tagged European Court of Human Rights on April 17, 2012 | 3 Comments »
This piece asks whether, in the light of UK proposals for the reform of the ECtHR, and in the wake of the outcry in the UK over the Qatada decision (Othman v UK), the European Court of Human Rights (ECtHR) is taking an approach that looks like one of appeasement of certain signatory states. Two [...]
Future of human rights court must not be decided by shadowy late night deals – Angela Patrick
Posted in Bill of Rights, European, Features, In the news, Politics / Public Order, tagged European Court of Human Rights, human rights on March 13, 2012 | 1 Comment »
This post, by Angela Patrick, Director of Human Rights Policy at JUSTICE, is the fourth in a series of posts analysing the UK’s draft “Brighton Declaration” on European Court of Human Rights reform. It’s a busy week for the debate on human rights reform. Today at 2:15pm, the Joint Committee on Human Rights will question [...]
Law, politics, and the draft Brighton Declaration – Dr Mark Elliott
Posted in Bill of Rights, European, Features, In the news, International, Politics / Public Order, tagged Brighton Declaration, European Court of Human Rights, human rights on March 9, 2012 | 2 Comments »
This is the third in a series of posts analysing the UK’s draft “Brighton Declaration” on European Court of Human Rights reform. Although not a “supreme law bill of rights”, the Human Rights Act 1998 is a significant constraint upon the political-legislative process. In this post, I argue that the extent of that constraint would [...]
Draft declaration on British ECHR reform plans leaked – Antoine Buyse
Posted in Bill of Rights, European, In the news, tagged European Court of Human Rights, principle of subsidiarity on February 29, 2012 | 4 Comments »
Updated | The French translation of the draft of the so-called ‘Brighton Declaration’ (the seaside city where state parties to the ECHR will meet in April to discuss reforms of the Court and the Convention) has been leaked after the UK government refused to circulate the text publicly. Last week, the draft was presented to the Ministers’ deputies of [...]
Italy lose in Europe over asylum seeker boat interception – Henry Oliver
Posted in Art. 3 | Torture / Inhumane Treatment, Article 13 | Effective remedy, Case law, Case summaries, Immigration/Extradition, International, tagged European Convention on Human Rights, European Court of Human Rights, italian ships, refugee status on February 26, 2012 |
Hirsi Jamaar and Others v. Italy (Application no. 27765/09) – Read judgment The European Court of Human Rights has held that a group of Somalian and Eritrean nationals who were intercepted by Italian Customs boats and returned to Libya fell within the jurisdiction of Italy for the purposes of Article 1 of the European Convention on Human [...]
Axel Springer and Von Hannover: Grand Chamber victory for media – Inforrm
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Case summaries, European, Margin of Appreciation, Media, tagged axel springer, European Court of Human Rights, Freedom of Expression on February 7, 2012 | 1 Comment »
The media were successful in both the judgments handed down this morning by the Grand Chamber of the European Court of Human Rights. The judgments made it clear that the right to privacy has to be carefully balanced against contribution which a publication makes to a debate of general interest. In both cases, taking account [...]
Cameron hits Strasbourg – The Human Rights Roundup
Posted in Roundup, tagged david cameron, European Court of Human Rights, human rights, small claims court on January 29, 2012 |
Updated | Welcome back to the human rights roundup, your regular human rights bullet. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. In the news Mr Cameron goes to Strasbourg This week, the European Court of Human Rights released [...]
European Court of Human Rights: is the admissions system transparent enough? – Ben Jones
Posted in European, In the news, Judges and Juries, tagged European Court of Human Rights on January 27, 2012 | 5 Comments »
Two recent posts on this blog have brought deserved attention to the question of the European Court’s handling of admissibility decisions. In the course of criticising the substantial misrepresentation of the statistics for UK petitions to the European Court, Andrew Tickell’s piece highlighted the significant contribution of “highly discretionary concepts” in the filtering of the [...]
No deportation for Abu Qatada, but where are we now on torture evidence? – Professor Adam Tomkins
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Case comments, Children, European, Terrorism, tagged abu qatada, European Court of Human Rights, immigration appeals on January 19, 2012 | 1 Comment »
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM – 8139/09 [2012] ECHR 56 – Read judgment - updated (7/2/2012): Abu Qatada is expected to be released from Long Lartin maximum security jail within days. the special immigration appeals commission (Siac) ruled on Monday that Qatada should be freed, despite the Home Office saying he continued to pose a [...]
Strasbourg: L’enfant terrible
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, European, In the news, Media, tagged abu qatada, European Court of Human Rights on January 18, 2012 | 1 Comment »
A bit like news of a wayward celebrity, judgments from the European Court of Human Rights are now awaited with a mixture of trepidation and excitement. Whatever are those crazy unelected judges going to do next? Will this be the latest “Judgment day” for the enfant terrible of Strasbourg? Yesterday the court released three judgments [...]
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Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
- We must defy Strasbourg on prisoner votes - David Davis and Jack Straw, Telegraph May 24, 2012
- Sunlight is the best disinfectant: open justice and company law proceedings May 24, 2012
- Names and CVs of Candidate Judges for Eight Countries May 24, 2012
- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
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UKHRB on Twitter
- Weekend catchup from Wessen Jazrawi- prisoner voting, Bratza's replacement and peaceful protest- human rights roundup ukhumanrightsblog.com/2012/05/27/pri… 3 hours ago
- #Prisonervotes is generating some strong and contrasting opinions- see Aitken v David and Straw: guardian.co.uk/commentisfree/… telegraph.co.uk/news/uknews/la… 2 days ago
- Fresh on the blog by Reuven Ziegler: the case for letting prisoners vote ukhumanrightsblog.com/2012/05/24/the… 2 days ago
- New from @rosalindenglish- police denied TV footage of Dale Farm evictions ukhumanrightsblog.com/2012/05/24/pol… 3 days ago
- Prisoner votes ruling continuing to have political repercussions guardian.co.uk/law/2012/may/2… #prisonervotes 3 days ago
- SC: for Art 6 compliance, cts can, in exceptional circumstances, extend period for filing and serving notice of appeal #extradition 3 days ago
Adam Wagner on Twitter
- RT @MsLods: UK: Barrister who called opposing lawyers "slimebags" on twitter struck off. telegraph.co.uk/news/uknews/la… (ping @journlaw) 35 minutes ago
- Is David Mitchell being serious or not? Human rights … or just an excuse for Strasbourg to tell Britain what to do? gu.com/p/37pfb/tw 2 hours ago
- Prisoner voting, Bratza's replacement and peaceful protest > this week's UK #humanrights roundup just posted wp.me/pJiO3-3Fb 2 hours ago
- It's here! @charonqc tells it as it is > UK Blawg Review #10 – Part 1 j.mp/JG8V4Y 6 hours ago
- Oh! Extraordinary goings on at Charles Taylor's war crimes trial... > More on the Removal of Judge Sow j.mp/LnNQH1 2 days ago
- RT @koldo_casla: One of the best pieces I´ve ever read on the case for letting prisoners vote - Reuven Ziegler wp.me/pJiO3-3F7 via ... 2 days ago
- Recent posts
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
- Police denied TV footage of Dale Farm evictions May 24, 2012 Rosalind English
- Time extended for appeals under Extradition Act May 23, 2012 Rosalind English
- Why no public appointment hearings for UK’s new European Court of Human Rights judge? May 23, 2012 Adam Wagner
- Don’t rely on human rights in a dismissal claim May 22, 2012 Martin Downs
- European Court of Human Rights retreats but doesn’t surrender on prisoner votes May 22, 2012 Adam Wagner
- Pssst… no secret hearings in naturalisation cases May 22, 2012 Isabel McArdle
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Abu Hamza and Babar Ahmad can be extradited to USA, rules human rights court
Posted in Art. 3 | Torture / Inhumane Treatment, Case comments, Case law, Case summaries, Criminal, Immigration/Extradition, In the news, International, Prisons, Terrorism, tagged Abu Hamza, babar ahmad, European Court of Human Rights on April 10, 2012 | 3 Comments »
BABAR AHMAD AND OTHERS v. THE UNITED KINGDOM – 24027/07 [2012] ECHR 609 – Read judgment / press release The European Court of Human Rights (Fourth Section), sitting as a Chamber, has found that five men accused of serious terrorist activities can be extradited from the UK to the US to face trial. They had [...]
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