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Posts Tagged ‘European Court of Human Rights’

UK loses 3 out of 4 European human rights cases? More like 1 in 50, actually

Posted in Bill of Rights, European, International, Poor reporting, tagged , , on January 12, 2012 | 17 Comments »

It is rightly said that 95% of statistics are made up. Today’s Daily Mail front page headline contained a typically exuberant statistical claim: Europe’s war on British justice: UK loses three out of four human rights cases, damning report reveals. According to journalist James Slack “Unelected Euro judges” are mounting a “relentless attack on British [...]

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Terrorist asset-freezing: an intrusion too far – Dr Cian Murphy

Posted in Art. 6 | Right to Fair Trial, Criminal, In the news, Margin of Appreciation, Politics / Public Order, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property, Terrorism, tagged , on December 21, 2011 | 1 Comment »

One could be forgiven, amidst the furore over the European Court of Human Rights’ Al-Khawaja judgment last Thursday, for missing the first report of the Independent Reviewer of Terrorism Legislation on the operation of the Terrorist Asset-Freezing etc Act 2010. The Report runs to over 100 pages and is the most comprehensive account of UK terrorist asset freezing in print. [...]

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Lord Irvine: British judges should decide human rights cases for themselves – Carl Gardner

Posted in Bill of Rights, European, In the news, Margin of Appreciation, tagged , on December 15, 2011 | 5 Comments »

Lord Irvine tonight weighed in to the debate about Britain’s relationship with the European Court of Human Rights – and effectively accused the Supreme Court of having surrendered its intellectual independence, and shirked its judicial responsibility. His at times toughly-worded lecture to the UCL Judicial Institute and the Bingham Centre for the Rule of Law [...]

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Strasbourg is not the Vatican…yet.

Posted in Article 1 | ECHR jurisdiction, Features, In the news, tagged , , , on December 6, 2011 | 5 Comments »

Behind the Times paywall Anthony Lester today declares that “Sniping at Strasbourg will only hinder reform”. In his guest column, he says that Court is suffering unfair criticism from “sections of the British media” and “politicians who accuse it of over-reaching its power”. That may well be the case, but the most searing and authoritative [...]

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Be careful what you wish for? UK takes over in Strasbourg

Posted in European, In the news, Politics / Public Order, tagged on November 7, 2011 | 7 Comments »

After months of wrangling over the influence of Europe on our human rights law, today the United Kingdom begins its 6-month chairmanship of the Council of Europe (CoE)’s Committee of Ministers. Amongst other things, the CoE supervises compliance with judgments of the European Court of Human Rights. The CoE, not to be confused with the European Council, [...]

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Is the Attorney General right on prisoner votes and subsidiarity? – Dr Ed Bates

Posted in Article 13 | Effective remedy, European, In the news, International, Politics / Public Order, Protocol 1 Art. 3 | Free elections, tagged on October 27, 2011 | 9 Comments »

In his speech earlier this week the Attorney General announced that he would appear in person before the Grand Chamber of the European Court of Human Rights in two weeks’ time, when it hears Scoppola v Italy No2, a case concerning prisoner voting. The United Kingdom is due to intervene in this case, for reasons [...]

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Why have a European Court of Human Rights? – Dr Ed Bates

Posted in European, In the news, International, Judges and Juries, tagged , on October 13, 2011 | 26 Comments »

At last week’s Inner Temple hall event, ‘Strasbourg and the UK: Dialogue or Conflict’, Lord Justice Laws asked some provocative questions:  why should judges decide matters of social policy [thrown up by human rights cases] at all? The political rights, Article 8 – 12, with the right set out in the first part and the [...]

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What can an Environmental Tribunal do?

Posted in Environment, In the news, tagged , , on June 6, 2011 | 1 Comment »

Access to environmental justice is a subject close to the hearts of various contributors to this blog, as one can see from the posts listed below. But not only to them – Sullivan LJ was the chairman of the working group that in 2008 wrote “Ensuring Access to Environmental Justice in England and Wales”. Jackson [...]

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DNA case analysis: The mystery of the missing purpose

Posted in In the news, tagged , , , , , , on May 24, 2011 | 4 Comments »

We reported last week the Supreme Court ruling in R (on the application of GC) (FC) (Appellants) v The Commissioner of Police of the Metropolis (Respondent) in which the majority found that they could interpret the DNA retention provision in the Police and Criminal Evidence Act (PACE) in such a way that it would be [...]

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Reform of the European Court of Human Rights: response to a modest proposal

Posted in Art. 6 | Right to Fair Trial, European, In the news, Judges and Juries, tagged on April 4, 2011 | 2 Comments »

In an interesting post, Aidan O’Neill QC concludes that the European Court of Human Rights is “in danger of imminent collapse” due to its backlog of 140,000 applications with around 1,600 arriving every month; a conclusion compounded by inherent delays. He suggests that the way to draw back Strasbourg from the brink of judicial Armageddon [...]

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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 , , 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 [...]

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Courts entitled to ignore European DNA and fingerprints ruling… for now

Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case summaries, European, International, Judges and Juries, tagged , on September 1, 2010 | 7 Comments »

R (C) v Commissioner of the Police of the Metropolis [2010] WLR (D) 193 – Read judgment Last month, Matt Hill posted on a case relating to the retention of DNA profiles and fingerprints by the police, for which the full judgment is finally available. Permission has been granted for an appeal directly to the [...]

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Will the European Union be brought under the Human Rights Convention?

Posted in CONVENTION RIGHTS, In the news, International, Judges and Juries, tagged , on August 12, 2010 | 3 Comments »

It is possible that the European Union will soon sign up to the European Convention on Human Rights. The change would have interesting implications for European human rights law, as well as for UK citizens seeking redress for alleged human rights violations. Comments are enabled for this post It may sound odd that whilst member [...]

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Many European human rights decisions left unimplemented for years

Posted in CONVENTION RIGHTS, European, In the news, International, Judges and Juries, Margin of Appreciation, tagged on August 9, 2010 |

A new Government report on the implementation of European Court of Human Rights judgments has highlighted the vexed issue of the rightful place of such rulings in domestic law. Many decisions, for example on prisoner voting rights, have languished unimplemented for years and it remains to be seen whether the Coalition Government will do any [...]

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Council of Europe raps UK on prisoner voting [updated]

Posted in In the news, Prisons, Protocol 1 Art. 3 | Free elections, tagged , on June 9, 2010 |

The Council of Europe has expressed “profound regret” that the UK has failed to implement its 5-year-old European Court of Human Rights ruling against the policy which prevents prisoners from voting in elections. In a Committee of Ministers decision, the Council, which monitors compliance with European Court rulings, has: expressed profound regret that despite the [...]

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