The first round=up of 2016 is brought to you by Hannah Lynes.
In the news
The interior ministry of Saudi Arabia has confirmed this week that it has executed 47 people in a single day. Included among those put to death was prominent Shia cleric Sheikh Nimr al-Nimr, who had been a vocal supporter of the 2011 anti-government protests in the country’s Eastern Province.
The execution of Sheikh Nimr has provoked demonstrations across Iran, Bahrain, Iraq and Shia-majority areas in Saudi Arabia. A spokesperson for the Iranian foreign ministry has said that the Saudi Government would pay “a heavy price” for its actions, while the US state department has expressed concern that the execution “risks exacerbating sectarian tensions at a time when they urgently need to be reduced.”
International human rights organisation Reprieve has noted with alarm that “the Saudi Government is continuing to target those who have called for domestic reform in the kingdom”, with at least four of those executed having been convicted of offences related to political protest. The organisation said it had “real concerns” that protestors Ali al-Nimr (Sheikh Nimr’s nephew), Dawoud al-Marhoon, and Abdullah al-Zaher, sentenced to death as children, would be “next in line”.
A statement released by the UK foreign office has emphasised that “the UK opposes the death penalty in all circumstances and in every country.” But despite the much-criticised record of Saudi Arabia on human rights, it recently emerged that Britain had entered into a vote-trading deal with the kingdom to ensure the election of both states to the UN human rights council.
The UK Government has also come under pressure to discontinue its supply of weapons to Saudi Arabia, in circumstances where its bombing campaign in Yemen has led to thousands of civilian deaths. In a legal opinion commissioned by Amnesty International, lawyers from Matrix Chambers concluded that authorisation of the transfer of weapons to the state would “constitute a breach by the UK of its obligations under domestic, European and international law.”
In other news:
The Guardian: A gay British man has avoided extradition to Dubai on charges of theft. A judge at Westminster magistrates court ruled that the UAE had failed to provide adequate assurances that the trial and treatment of Mr Halliday, given his circumstances, would meet the required human rights standards.
The Telegraph: Lord Lester of Herne Hill QC has expressed concern that the Government is undermining freedom of information laws, and is “obsessively secretive”about things that should be in the public domain. The latest releases by the National Archives included only 14 files for the years 1987 and 1988, whereas last year more than 500 files were released.
The Law Society and the Bar Council have issued a joint call for legally privileged communications data to be protected by express provisions in the investigatory powers bill. Current proposals have been criticised as threatening a common law right traceable back to the 16th Century. The Law Society Gazette reports.
The Independent: Senior civil servant Sir Jeremy Heywood is understood to be opposed to the implementation of any major reforms to the Freedom of Information Act. A Government commission is considering proposals to introduce charges for information requests and stricter rules for the obtaining of information.
This case concerned an allegation of inconsistent case-law amounting to a breach of Article 6 ECHR (the right to a fair trial). The applicants complained about the rejection of their civil claims against Serbia by domestic courts, and the simultaneous acceptance by the same courts of other claims which were based on similar facts and concerned identical legal issues.
The Court reiterated the principle that an assessment of whether conflicting decisions of different domestic courts were in breach of Article 6 consisted in establishing whether “profound and long-standing differences” existed in the relevant case-law. The Serbian judiciary had, generally speaking, harmonised their case-law on the matter, and the rejection of the applicants’ cases was exceptional. The possibility of conflicting court decisions was an inherent trait of any judicial system based on a network of trial and appeal courts with authority over a certain area. That in itself, however, could not be considered to be in breach of the Convention. The Court therefore found no violation of Article 6.
If you would like your event to be mentioned on the Blog, please email Jim Duffy at email@example.com
It has been a fascinating year in which to edit this Blog. Political and social challenges – from continued government cuts to the alarming rise of Islamic State – have presented new human rights conundrums that have, as ever, slowly percolated to the doors of the country’s highest courts. And all this during the year of an astonishing General Election result and amid continually shifting sands around the future of the Human Rights Act. Continue reading →
Laura Profumo considers the latest human rights headlines.
In the News
The High Court in Belfast today ruled that abortion legislation in Northern Ireland is in breach of the European Convention on Human Rights. The Northern Ireland Human Rights Commission (NIHCR) brought the case to extend abortion to cases of serious foetal malformation, rape and incest.
The Abortion Act 1967 does not extend to Northern Ireland: abortion is only allowed there if a woman’s life is at risk, or if there is a permanent risk to her mental or physical health. In this judicial review, it was held that the grounds for abortion should be extended, though it is still to be determined whether new legislation will be required to give effect to the ruling.
LGBT campaigners have called for an urgent reform of the law, following the death of 21 year-old transgender woman Vicky Thompson in an all-male prison. Ms Thompson had previously said that she would take her own life if she were placed in a prison for men.
The system of locating transgender people within the prison estate has recently come into criticism after transgender woman Tara Hudson was placed at HMP Bristol, an all-male establishment. Ms Hudson spoke of being sexually harassed by other prisoners, before a petition signed by more than 150,000 people led to her eventual transfer to a women’s prison. Statistics from the US suggest that transgender women in male prisons are 13 times more likely than the general prison population to be sexually assaulted while incarcerated.
Under the current rules, in most cases prisoners must be located “according to their gender as recognised under UK law”, although the guidance allows discretion where the individual is “sufficiently advanced in the gender reassignment process.” But the case of Vicky Thompson has been said to show that “the law is simply not working. For people living for years as women to be sent to serve sentences in prisons for men is inviting disaster.”
Responding to a question on the issue, Parliamentary Under-Secretary of State for Justice, Andrew Selous has stated that the government intends to implement “revised policy guidance… in due course.”
In other news:
The Guardian: The Metropolitan Police has issued an unreserved apology and paid substantial compensation to women who were deceived into forming long-term intimate sexual relationships with undercover police officers. The police force acknowledged that the relationships had been “a violation of the women’s human rights, an abuse of police power and caused significant trauma.”
BBC: Members of the public and journalists will be permitted to attend the majority of hearings in the Court of Protection, where issues affecting sick or vulnerable people are heard. The new pilot scheme is intended to provide greater transparency, whilst safeguarding the privacy of the people involved.
MPs on the justice select committee have called for the scrapping of the criminal courts charge, voicing “grave misgivings” about whether it is “compatible with the principles of justice.” The charge of up to £1,200 is imposed on convicted criminals, and is not means-tested. In its report, the parliamentary committee expressed concern that the charge, which is higher for those convicted after pleading not guilty, was creating “perverse incentives” affecting defendant behaviour. The BBC reports here.
The Legal Voice: The Ministry of Justice has announced that the introduction of duty provider contracts will be postponed until 1 April 2016. A number of legal proceedings have been issued, challenging the legitimacy of the procurement process. The decision has been welcomed by the Bar Council, which has consistently opposed measures it claims would “damage access to justice and the provision of high quality advocacy services.”
BBC: A couple from north west London have been found guilty of keeping a man enslaved in their home for 24 years, in “a shocking case of modern slavery.” The couple had “total psychological control” over their victim, threatening that if he left the house he would be arrested by police as an illegal immigrant.
The Court found that a family of asylum seekers evicted from an accommodation centre had been exposed to degrading treatment, in violation of their rights under article 3 ECHR. The family had been left in conditions of extreme poverty, without basic means of subsistence for a period of four weeks. The Belgian authorities had not paid due consideration to the vulnerability of the applicants, who had small children including a seriously disabled daughter.
Laura Profumo serves us the latest human rights happenings.
In the News:
At the Howard League for Penal Reform AGM last week, Michael Gove held his own when challenged about criminal justice reform. Despite his Making Prisons Work speech in July, and his successful overturning of his predecessor’s prison book ban, Gove has remained relatively reticent on his plans for the criminal justice system. Speaking for some 30 minutes, Gove addressed the “need to move away from the sterile debate of ‘lock people up or let them out’”, and summon a “new era of talking about crime and punishment”. His audience, many still bristling from Grayling’s stringency in office, were won over by the Lord Chancellor’s more peaceable approach to penal reform. In addition to emphasising the need for a more sensitive sentencing framework, Gove urged for the causes of criminality to be tackled, including the “moral absence” experienced by many offenders growing up in care. In contrast to Grayling’s perceived complacency over prison conditions, Gove recognised the current “crisis”, pledging his commitment to his “new for old” prisons policy – replacing ineffective Victorian prisons with functional new ones – as well as to improving the autonomy of prison governors. The Lord Chancellor also proposed the use of more advanced technology in prisons, in order to improve the safety of staff and inmates, and to meet the particular educational needs of prisoners with learning difficulties. The conference ended on an especially poignant note, with Gove expressing his admiration for social workers – words which left Frances Crook, Chief Executive of the Howard League “blown away”.
It remains to be seen whether the Autumn Statement, unveiled later this month, will affirm Gove’s ambitious plans. Yet his moral framework for policy choices bodes well, informing the ongoing debate on the prison system with a quieter rhetoric of hope and realism. Continue reading →
Laura Profumo delves into the latest human rights happenings.
In the News:
In an “exclusive” last weekend, The Independent revealed that the government is planning to “fast-track” a British Bill of Rights into UK law. The report claimed a 12-week consultation will run from late this year, which will seek to clarify that the UK will not pull out of the ECHR. In an “unusual but not unique” move, a Bill will then proceed straight to the House of Commons, without a preliminary Green or White Paper. With the EU referendum due in 2017, ministers are anxious to extricate the ECHR question from that of EU membership, making the Bill law before the in/out campaigns begin. Yet the Bill’s Parliamentary passage will be far from seamless. A cabinet minister has cautioned that the short timescale is “aspirational”, as the Bill could be “really clogged up in the House of Lords”. The upper chamber, where the Conservatives fail to command a majority, hosts some “seasoned lawyers”, who are fearful of the fallout with Strasbourg. It is understood that Gove will visit Scotland before the consultation is published, to convince the SNP to back the proposal. Yet it is not yet clear whether Gove will visit Northern Ireland and Wales as well, where he must also secure support. If the Bill is to reach the statute books before the MPs’ summer recess, it will need to be propounded in the next Queen’s speech, due in May 2016. Continue reading →
Laura Profumo brings you the latest human rights happenings.
In the News:
Nicola Sturgeon, the Scottish First Minister, announced last week that it was “inconceivable” that the SNP would support the Conservative plans to scrap the Human Rights Act. Talking to an audience in Glasgow on Wednesday, Sturgeon pledged her unequivocal commitment to block the HRA-repeal. Sturgeon warned that human rights remained a “devolved issue”, meaning that Scottish opposition might well hamper Gove’s forthcoming efforts. Many find sympathy with Sturgeon’s stance. Sturgeon values the HRA as a “careful model” which incorporates human rights protection into UK law, without upsetting our constitutional bedrock, writes Alex Cisneros in The Justice Gap. Continue reading →
The controversial Trade Union Bill this week passed its second reading in the House of Commons by a majority of 33 MPs. The bill contains plans to impose a minimum 50% turnout in industrial action ballots, whilst public sector strikes will require the backing of at least 40% of all eligible voters. It further includes proposals to:
Increase the period of notice given by unions before a strike can be held from seven to 14 days;
Permit the employment of agency workers to replace permanent staff during strike action; and
Introduce fines of up to £20,000 on unions if pickets do not wear an official armband.
The civil rights organisation Liberty has warned that the bill will infringe the right to join a trade union, protected by Article 11 of the ECHR. Director Shami Chakrabarti has described the measures as a “spiteful and ideological attack” on freedoms that “must have one-nation Tories like Disraeli and Churchill spinning in their graves.”
Aspects of the bill have moreover come into criticism from senior members of the Conservative party. David Davis MP made clear his opposition to the requirement that organisers of picket lines register their details with the police, suggesting that the proposed reform was reminiscent of the Spanish dictatorship of General Franco.
Business Secretary Sajid Javid has, however, defended the measures, insisting that the reforms would “stop the ‘endless’ threat of strike action” and ensure that the right to strike was “fairly balanced with the right of people to be able to go about their daily lives and work.”
A coroner has concluded that the suicide of 60-year-old Michael O’Sullivan was a direct result of his assessment by a DWP doctor as being fit for work. Mr O’Sullivan, who suffered from severe mental illness, hanged himself after his disability benefits were removed. The Independent reports.
Proposals announced by the Ministry of Justice to further increase court fees have been criticised by the Bar Council, which has warned that higher costs would give wealthy individuals and big business an unfair advantage over weaker parties in court proceedings. The Bar Council press release can be read in full here.
The Guardian: Cuts to legal aid have led to an increase in demand for free legal representation and advice, placing considerable strain on the resources of charities and lawyers engaged in pro bono work.
Local Government Lawyer: Lord Chancellor Michael Gove has launched a review of the youth justice system, which is to be led by Charlie Taylor, former chief executive of the National College of Teaching. Mr Gove noted in a statement to Parliament that 67% of young people leaving custody reoffend within a year, and emphasised that the rehabilitation of young offenders had to be a government priority.
Laura Profumo serves us the latest human rights happenings.
In the news:
Lurid show-trial of a vulnerable man, the timely vindication of justice being done, and being seen to be done, a CPS volte-face.
Whatever you think of the Janner trial, it’s now in full swing. The former Labour Peer made his first appearance in court on Friday, facing 22 historic child sex abuse charges. The 87 year old’s committal hearing lasted some 59 seconds, after weeks of legal grappling with his defence lawyers. Any doubt over Janner’s dementia was “dispersed instantly” by his arrival, writes The Telegraph’s Martin Evans: flanked by his daughter and carer, Janner appeared frail and “confused”, cooing “ooh, this is wonderful” as he entered the courtroom. The case will now pass to the Crown Court, with the next hearing due on September 1, where a judge will decide whether the octogenarian is fit to stand trial, or whether a trial of fact is a suitable alternative. If the latter course is taken, a jury will decide if Janner was responsible for his charged actions – no verdict of guilt will be found, and no punishment will be handed down. Continue reading →
The Howard League for Penal Reform has called for a review of the “unfair and unrealistic” Criminal Courts Charge, which “ penalises the poor and encourages the innocent to plead guilty”. The mandatory charge of up to £1,200 is imposed on those who admit committing minor misdemeanours, regardless of their circumstances.
The charity has compiled a list of cases where heavy financial charges have been demanded of people convicted of low-level offences. These include the case of a 38-year-old homeless man who admitted persistently begging in Oxford, and breaching an Asbo prohibiting him from sitting within 10 metres of a cash machine. He was jailed for 30 days and ordered to pay a £150 criminal courts charge.
Laura Profumo serves us the latest human rights happenings.
In the News:
Michael Gove appeared before the Justice Select Committee last Wednesday, in the first true baring of his political mettle as justice secretary. Overall, it seems, the MP made a largely favourable impression, though legal commentators remain wary. UKHRB’s own Adam Wagner deftly compared Gove’s success to “when they gave Obama the Nobel Peace Prize…because he wasn’t George Bush”. The “post-Grayling Gove-hope” may, then, prove deceptively shallow, defined by the simple relief that Gove is not Grayling.
Yet Gove’s evidence before the committee was laudable – reasonable, measured, and skifully non-committal. Gove’s comments on the Human Rights Act obliquely signalled the “proposals” will be published “in the autumn”, failing to specify whether they would be accompanied by a draft Bill. His substantive points were similarly vague. The Lord Chancellor invoked the “abuse” of human rights as justification for the repeal of the HRA, before conceding he could not offer a “one-hundred per cent guarantee” that the UK would remain a party to the Convention. Such a position suggests a British Bill of Rights may “seek to limit certain rights”, argues academic Mark Elliot, which would, “quite possibly”, precipitate British withdrawal from Strasbourg altogether. Gove also stressed the role of the judiciary in applying the common law to uphold human rights, holding that “there is nothing in the Convention that is not in the common law”. Such a view is “highly contestable at best, plain wrong at worst”, holds Elliot, whilst Conor Gearty finds it stokes the fantasy of “the civil libertarian common law”. Gove seems to suggest that HRA-repeal and possible ECHR-withdrawal would be “far from earth-shattering events”, Elliot notes, as judges could still invoke a panoply of common-law rights. Whilst Gove is right to remind skeptics that HRA-repeal would not leave domestic judges powerless, such “overstatement” of the common-law rights model “might end up hoist on its own petard….ringing hollower than its cheerleaders”. Continue reading →
Laura Profumo brings you the latest human rights happenings.
In the News:
In a critical, though arguably overdue, decision, the Court of Appeal has suspended the fast-track immigration appeals system. The process, under which rejected asylum seekers are detained and given only seven days to appeal, was held “structurally unfair” by the High Court, before being halted altogether by last week’s appeal. The ruling was welcomed by the appellant charity, Detention Action, as meaning “asylum seekers can no longer be detained…simply for claiming asylum”. Previously, the fast-track deadlines could be imposed on any asylum seeker from any country, if the Home Office considered their case could be decided quickly. This marks the third time courts have found the system to be unlawful, yet the suspension will now stay in force until a government appeal is mounted. The decision deals a major blow to a system which is “inefficient, bureaucratic, demeaning and dehumanising”, writes immigration expert Colin Yeo. Whilst there is “no doubt” a replacement fast track will soon be found, in the meantime “let us savour the respite” from such crude expediency.
In other news, the spotlight remains on America, in the euphoric wake of the Supreme Court’s ruling in Obergefell v Hodges. The final paragraph of Justice Kennedy’s judgment, in its stirring clarity, is set to make legal history. Yet not everyone is “enveloped in a warm and fuzzy feeling”, writes UKHRB’s own Jim Duffy. Justice Scalia, the firebrand conservative, “pulled no punches” in his dissent, citing the majority opinion as “egotistic” and a “threat to American democracy”. Scalia’s arrival in London last week further stoked the Obergefell debate. Speaking at a Federalist Society event, Scalia held his colleagues had wrongly used the due process clause to distill a substantive, rather than procedural, right. Defending his position as a constitutional originalist, Scalia maintained the meaning of the Constitution as fixed, rather than the “wonderfully seductive judicial theory” of living constitutions, in which “we can have all sorts of new things, like same sex marriage”. When asked about the proposed Bill of Rights, the Justice’s response was particularly biting: “You can’t do any worse than the situation you’re in now”. Continue reading →
Actor Benedict Cumberbatch is vocal in his support for the HRA
This week’s Round-up is brought to you by Hannah Lynes
In the news
Prime Minister David Cameron has postponed the introduction of a British Bill of Rights, the Queen’s Speech containing only proposals for consultation. Director of Liberty, Shami Chakrabarti has welcomed the development:
“It is heartening that a Conservative Government committed to scrapping the Human Rights Act has at least paused for thought in its first Queen’s speech. There is a long struggle ahead but time is the friend of freedom.”
Debate surrounding the proposed Bill of Rights continues in full force. Proponents of the HRA draw attention to perceived misconceptions advanced by the opposing side. Lord Leveson points out that UK courts are not ‘bound’ by the decisions of Strasbourg (“the legislation only requires us to take them into account”), whilst Colin Yeo for the Free Movement blog questions the accuracy of claims that the HRA prevents us from deporting serious foreign criminals. Dr Ed Bates argues in the Constitutional Law blog that the domestic judiciary is more supportive of the ECHR than certain politicians would have us believe. Useful coverage of the views expressed by senior judges is provided here.
Housing: Leading housing charities last month issued a report claiming that the present ‘crisis’ in housing has put the UK in breach of its UN obligations to provide adequate homes. Housing campaigners fear government proposals set to reduce housing benefit for 18-21 year olds will serve to exacerbate the problem. The measures could “spell disaster for thousands of young people who…could be facing homelessness and the terrifying prospect of roughing it on the streets”, warns Chief Executive of Crisis, Jon Sparkes.
Surveillance: Prominent legal academics have signed a letter calling on the Government to ensure that any changes in surveillance law “are fully and transparently vetted by parliament, and open to consultation from the public and all relevant stakeholders”. The Guardian reports here.
Police: Hampshire Constabulary has admitted a failure to properly investigate the complaint of a victim of rape, who had been accused of lying by the force. An out-of-court settlement was reached with the young woman following commencement of proceedings under the Human Rights Act.
Discrimination: A woman turned down for a job because she observed Shabbat, the Jewish day of rest, was successful in her claim for indirect discrimination. The Telegraph reports on the decision.
Gender: An interview with barrister Roy Brown in Halsbury’s Law Exchange examines the significance of recent High Court decisions in JK and Carpenter for transgender rights in the UK.
This case concerned the question of legal representation in complex family proceedings. The Court of Appeal held that whilst it may be inappropriate for an unrepresented litigant to conduct cross-examination of his alleged victim, a judge is not entitled to order the Courts Service (HMCTS) to pay for a legally trained advocate to do so on the litigant’s behalf. A court is not permitted to circumvent the detailed provisions for legal aid eligibility set out in LASPO. Further, the result does not amount to a breach of Article 6 ECHR (the right to a fair trial), since the court has available to it other alternatives. These include the possibility of the judge himself conducting the questioning.
Laura Profumo brings us the latest human rights goings on.
In the News:
This afternoon, the new Conservative Government’s legislative plans were announced in the Queen’s Speech. Michael Gove, the recently appointed Justice Secretary, will have to defend his party’s intention to scrap the Human Rights Act, blunting the influence of Strasbourg jurisprudence. As Daniel Hannan observes, Gove faces a “different order of magnitude” in his new role, finding himself up against an “articulate and wealthy lobby” within the legal profession. An “elegant compromise” might be found, Hannan suggests, in amending our extant Bill of Rights to include ECHR freedoms, restoring “our sovereignty and our democracy”.
It is certainly clear that Gove will have to carefully pilot the reforms through Parliament. Lord Falconer cautions that the House of Lords, where the Conservatives don’t have a majority, may prove obstructive:
“If the Conservative measures strike at fundamental constitutional rights, the Lords will throw this back to the Commons”.
The backbencher minority of ‘Runnymede Tories’, forcefully headed by David Davis, will also seek to stall the Bill’s course. Yet, Matthew d’Ancona concedes, “if anyone has the intellectual firepower to square all the circles it is Gove”.
In brighter news, the Republic of Ireland has become the first country to legalise same-sex marriage through popular vote. Some 62% of the electorate voted in favour of the reform, with all but one of the Republic’s 43 constituencies voting Yes. The result comes just two decades after the Irish government decriminalised homosexuality, marking a milestone in Ireland’s divisive religious history. The Archbishop of Dublin, Diarmuid Martin, recognised the vote as a “social revolution”, which requires the Church to “have a reality check, not move into the denial of realities”.
In a prelude to the historical referendum, the ‘Gay Cake’ Case, which has gripped Northern Ireland for the last year, come to a close last week. In a clear decision, it was found that the Christian bakery’s refusal to make a campaign cake the LGBT support group, QueerSpace, amounted to direct discrimination on grounds of sexual orientation. The outcome has not been welcomed by all. TUV leader Jim Allister lamented it a “dark day for justice and religious freedom”, whilst Melanie McDonagh, writing in the Spectator, found the decision inversely “intolerant and discriminatory”, forcing a Presbyterian business to promulgate a message “at odds with their belief”. Yet talk of religious persecution is besides the point, argues academic Colin Murray. The case concerned the “ability to do the banal and ordinary things in life without these activities becoming the subject of public opprobrium”. It was not, as McDonagh suggests, a case of cake artisans’ ‘right to ice’, but the right of the public to lawfully contract with a business, irrespective of “how that public is constituted”.
Following the decisive vote across the border yesterday, many hope that Northern Ireland, the only part of the United Kingdom where same-sex marriage is still prohibited, will follow suit. Deputy First Minister Martin McGuinness has advocated a referendum: “This is a matter of whether or not we want to live in a modern progressive society that respects minorities”. Now that Northern Ireland has their cake – it remains to be seen whether the idiom will ring true.
In Other News:
Haile v London Borough of Waltham Forest: The Supreme Court ruled that the appellant had not made herself intentionally homeless when, after learning that she was pregnant, she left her London hostel. As she would have been evicted from the hostel anyway, on giving birth to her child, the Court ruled in her favour. Her lawyer, Nathaniel Matthews, welcomed the decision as one in which “glorious common sense prevailed. Women who become homeless because they have become pregnant must be protected”.
Vladimir Putin has signed a bill which allows foreign NGOs to be banned from operating in Russia. The law will allow authorities to prosecute NGOs which are designated as ‘undesirable’ on national security grounds. Individuals working for such organisations could face fines, or up to six years’ imprisonment. Amnesty International has condemned the measure as part of the “ongoing draconian crackdown…squeezing the life out of civil society”.
In the Courts:
Identoba and Others v GeorgiaThe Georgian police failed to protect participants in a march against homophobia from violent attacks of counter-demonstrators. ECtHR held the police had violated the protestors’ Article 3 and 11 rights, in failing to take sufficient measures to prevent the attacks.
SS v the United Kingdom; F.A and Others v the United Kingdom A case concerning convicted prisoners’ entitlement to social security benefits was held to be inadmissible by ECtHR. The applicants were prisoners in psychiatric hospitals who complained that, under new 2006 regulations, denying them benefits paid to the other patients amounted to unjustified discrimination. The Court emphasised Contracting States’ margin of appreciation in social policy, finding that the differential treatment was not unreasonable, given that the applicants, whilst patients, were also convicted prisoners.
Gogitidze and Others v Georgia The ECtHR ruled that the forfeiture of a wrongfully acquired property was not in breach of the tenant’s right to peaceful enjoyment of their possessions, under Article 1 of Protocol No.1. As the property confiscated belonged to the former Deputy Minister of the Interior, the Court inquired whether a proportionate balance had been struck between the method of forfeiture and the public interest in combating political corruption. The domestic courts were held to have achieved such a balance.
‘Do we need a new Magna Carta?’ The Miriam Rothschild & John Foster Human Rights Trust, and University College London, are hosting a lecture given by Lord Lester QC, on alternatives to the embattled Human Rights Act. The event will take place at 6.15pm, 15th June, at the Institute of Child Health. Please RSVP to firstname.lastname@example.org.If you would like your event to be mentioned on the Blog, please email the Blog’s Commissioning Editor, Jim Duffy, at email@example.com
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.