Similarly, the Daily Mail says “the time has come for Britain to tell unelected Strasbourg judges that they have overstepped their authority“, and the Daily Express poses a dilemma between “democratically elected Commons or an unelected and alien tribunal in Strasbourg“.
Just to set the record straight, unlike our own judges, judges the European Court of Human Rights are elected.
I posted last week on the interesting and morally complex case in which a judge in the Court of Protection ruled that a 41-year-old man with a mild learning disability did not have the mental capacity to consent to sex and should be prevented by a local council from doing so.
The Daily Telegraph and Daily Mail have picked up on this story. The Mail’s Richard Hartley-Parkinson appears to have based his article solely on the Telegraph’s, in light of this paragraph:
Mr Justice Mostyn said the case threw up issues ‘legally, intellectually and morally’ because sex is ‘one of the most basic human functions’ according to the Daily Telegraph.
In an entertaining post which also raises the serious issue of journalistic responsibility, the Nearly Legal blog has put a Daily Mail “family law expert” on the naughty step in relation an article on a recent Supreme Court decision on the meaning of domestic violence in housing cases.
According to the respected housing law blog, the Mail article, entitled Shout at your spouse and risk losing your home: It’s just the same as domestic violence, warns woman judge, demonstrates“why the Mail is not a paper of record for case reports”. And
Immigration and deportation decisions are regularly used to attack the Human Rights Act, and are raised as examples of why it must be amended or replaced. But a recent deportation case shows that such decisions are often poorly reported and articles ignore crucial details.
Yesterday’s Sunday Telegraph reported on the case of a man who killed a Gurkha soldier’s son and cannot be deported because of human rights law. According to David Barrett, Home Affairs Correspondent, the controversial decision will “intensify pressure” on the prime minister “who has so far failed to deliver a Conservative promise to rip up the Human Rights Act.”
The Secretary of State for the Home Department v Respondent  UKUT B1 – Read judgment
There has been public outrage over the ruling of two Senior Immigration Judges that it would be unlawful to deport Aso Mohammed Ibrahim, an Iraqi Kurd, who has been labelled an “asylum seeker death driver”
The fury has not been limited to the lay public or the media, but “great anger” has also been expressed by high-profile figures such as Prime Minister David Cameron, a well-known critic of the Human Rights Act. The Government’s embarrassment over the decision has prompted Immigration Minister, Damian Green, to announce that the UK Border Agency (UKBA) will appeal the decision, and there have been more drastic calls from Tory MPs for the scrapping of the Human Rights Act.
It has been widely reported that Learco Chindamo, who was convicted of killing headmaster Philip Lawrence in 1995, has been rearrested only months after being released from jail. The story has reopened a debate over the Human Rights Act, on the basis that it prevented Chindamo from being deported to his native Italy. But did it?
In fact, what the case really highlights is that the unpopularity of the Human Rights Act is in part due to inaccurate media reporting of human rights cases, even 10 years after it came into force.
The Telegraph reported at the end of last week that Frances Lawrence, Philip Lawrence’s widow, has urged the prime minister to act on his previous pledges to scrap the Human Rights Act, as
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