Search Results for: prisoners/page/48/ministers have been procrastinating on the issue, fearing that it will prove unpopular with the electorate.
19 July 2015 by Laura Profumo
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”.
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1 July 2013 by Rosalind English
Case C-131/12: Google Spain SL & Google Inc. v Agencia Española de Protección de Datos (AEPD) & Mario Costeja González – read Opinion of AG Jääskinen
This reference to the European Court of Justice (CJEU) concerned the application of the 1995 Data Protection Directive to the operation of internet search engines. Apart from demonstrating the many complications thrown up by this convoluted and shortsighted piece of regulation, this case raises the fascinating question of the so-called right to be forgotten, and the issue of whether data subjects can request that some or all search results concerning them are no longer accessible through search engine.
All of these questions are new to the Court.
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3 November 2025 by Rosalind English
Readers of this blog as well as listeners to Law Pod UK may remember the European Court of Human Rights’ controversial ruling in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. We have written about it on the UKHRB here, and it has come up in Law Pod UK epsiodes discussing the ECHR, both in our interview with Lord Sumption here and our discussion with Marina Wheeler KC and David Wolfson KC here.
The latest is an interesting and detailed post by Corina Heri, Charlotte E. Blattner and Tobias Cadalbert in the latest edition of the Blog of the European Journal of Interntional Law.
In it, the authors criticise the Committee of Ministers’ conclusion that Switzerland has effectively complied with the Strasbourg’s judgment in the Verein KlimaSeniorinnen Schweiz case. It will be recalled that the ECtHR found that Switzerland had failed to meet its obligations under Article 8 of the European Convention on Human Rights (right to respect for private and family life) by not taking adequate and timely measures to mitigate climate change. The ruling emphasised the role of national authorities, especially courts, in ensuring compliance with Convention obligations, clearly placing the onus on Switzerland to enhance its climate policy and implementation.
This ruling was reached despite the fact that Switzerland had held not one but two national referenda on what it its citizens expected the government to do in discharging the country’s obligations under the Paris agreement. The second referendum, in June 2021, rejected certain measures that would align national targets with the Paris Agreement.
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14 April 2014 by Guest Contributor
Around 150 delegates, including representatives of all 47 Council of Europe states and two judges of the European Court of Human Rights, met in Oslo last week. Their mission? To reflect on the protracted process of reforming the European Convention system and imagine what it might look like in 2030.
Non-government organisations and academics (myself included) joined the insiders to engage in ‘blue-skies’ thinking, despite the dense fog that enveloped the hilltop venue.
The end of the beginning
The Strasbourg Court as we know it came into being in 1998 with the entry into force of Protocol 11 to the Convention. Subsequent reform was driven by two closely-linked imperatives: first, to reduce the backlog both of applications and non-executed judgments and secondly, to reinforce the subsidiary role of the Court vis-à-vis national authorities.
As regards the former, notable developments include the steps taken since 2010 under Protocol 14 to increase the efficiency of judicial decision-making; and (more controversially) the introduction of a shorter deadline, narrower admissibility criteria, and stricter conditions for applicants. The post-judgment process of implementation was also reformed to permit more intensive supervision by the Committee of Ministers (the Council of Europe’s executive arm) of urgent, complex or inter-state cases and lighter touch supervision of the rest.
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7 July 2017 by Guest Contributor
In recent years direct challenges to the authority of the Court within a handful of member states have also become more explicit and vocal” and “the Convention system crumbles when one member state, and then the next, and then the next, cherry pick which judgments to implement.
So said Nils Muižnieks, the Council of Europe’s Commissioner for Human Rights, last year. This raises the question of whether the Convention system is facing an implementation crisis and what more might be done by the Committee of Ministers, the regional body responsible for supervising the execution of judgments of the European Court of Human Rights.
Last month, the Bingham Centre for the Rule of Law and Leicester Law School convened a public event that asked an expert panel to consider these issues. Speakers included Merris Amos (Queen Mary University London); Dr Ed Bates (Leicester Law School); Eleanor Hourigan (Deputy Permanent Representative, UK Delegation to the Council of Europe); Nuala Mole (The AIRE Centre); and Prof Philip Leach (EHRAC, Middlesex University London and the European Implementation Network). Murray Hunt (Legal Adviser to the UK Joint Committee on Human Rights and incoming Director of the Bingham Centre) chaired the event.
While a detailed summary of the presentations is available on the Bingham Centre website, this post highlights some of the headline points from the conversation.
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9 June 2010 by Adam Wagner
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 repeated calls of the Committee, the United Kingdom general election was held on 6 May 2010 with the blanket ban on the right of convicted prisoners in custody to vote still in place
It also appears to be giving the new Government a chance, expressing
confidence that the new United Kingdom government will adopt general measures to implement the judgment ahead of elections scheduled for 2011 in Scotland, Wales and Northern Ireland, and thereby also prevent further, repetitive applications to the European Court;
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6 April 2020 by Gideon Barth
Following the sad news of the first death in custody from COVID-19, a question arises: what are likely to be the issues at inquests into the deaths in custody from COVID-19?
Article 2 and the central issues
Not all deaths in custody mandate an Article 2 inquest (see R (Tainton) v HM Senior Coroner for Preston and West Lancashire [2016] EWHC 1396 (Admin); R (Tyrell) v HM Senior Coroner for County Durham and Darlington [2016] EWHC 1892 (Admin)). An Article 2-compliant inquest must be undertaken when there has been an arguable breach of the substantive obligation to protect life. When a death occurs in custody, Article 2 will be engaged if there have been any arguable failings in the care provided.
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23 October 2015 by Guest Contributor
Those who want change should have to make the case for it, Baroness Helena Kennedy QC challenged her fellow panellists, at a recent event jointly organised by the Bingham Centre for the Rule of Law and British Institute of International and Comparative Law, and hosted by Bindmans. The panel was one of the most stimulating contributions of the year to the debate over the proposed repeal of the Human Rights Act and its replacement with a British Bill of Rights, featuring contributions from three members of the 2012 Commission on a Bill of Rights, a number of comparative perspectives including one from Australia, and even a call for what appears to be a written constitution.
Professor Jeffrey Jowell gave some preliminary remarks to set the scene for the panel discussion. He noted that the Bingham Centre had not adopted any particular position on the proposed repeal of the Human Rights Act (HRA) and its subsequent replacement with a British Bill of Rights, since the Conservative Government had not yet published its proposals. He then quoted a recent report that the Government was planning to publish its consultation paper within the next two months, and then seek to legislate rapidly to get the British Bill of Rights on to the statute books by the end of next summer. Given this, he felt that the time was therefore right to hear a spectrum of views on the subject to assist the Bingham Centre in forming its position.
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21 November 2013 by Guest Contributor
Updated | The relationship between the UK and the European Court remains turbulent and fractious. The Court has been the subject of significant criticism, notably from some politicians and commentators in the UK, relating to its supposed interference in domestic, sovereign questions and the quality of its judges.
Some commentators say that the UK may have to withdraw from the jurisdiction of the court. Michael Pinto-Duschinsky argues that if (as is highly likely) the Council of Europe refuses to institute a “democratic override” for states of European Court of Human Rights decisions, withdrawal should be seriously considered. MP Nick Herbert argues that the UK should withdraw immediately.
Others have proposed withdrawing from the European Convention altogether. For example, in April, the Home Secretary, Theresa May, said that temporary withdrawal from the Convention was one option being considered by the UK government in its efforts to deport the Islamic cleric Omar Mohammed Othman (also known as Abu Qatada). Two members of the Commission tasked with investigating the creation of a UK Bill of Rights advocated withdrawal from the Convention unless the Court ceased its ‘judicially activist approach’ (p. 182).
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23 December 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular raging winter storm of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd.
The Government received an unwelcome early christmas present this week, with the Joint Parliamentary Committee reporting that a blanket ban on prisoner enfranchisement had no rational basis. Meanwhile, Britain’s potentially unlawful treatment of detainees with regard to rendition and torture are coming to light with the Gibson Inquiry, and a senior judge has announced that perhaps, after the ‘forced Caesarean’ escalation, there needs to be more transparency in the family courts and Court of Protection.
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22 April 2010 by Adam Wagner
A prisoner is suing the UK Government in the European Court of Human Rights for the right to vote in the upcoming General Election. With voting registration already closed, he won’t be voting in the election, but he may receive compensation. This could open the door to claims from tens of thousands of prisoners in the UK.
The BBC reports that Leon Punchard, 19, who is serving an 18-month sentence at Norwich prison for burglary, has filed an application to the European Court for a declaration and compensation.
We have already posted on the ban on prisoners voting (see here and here). Four years ago, the European Court of Human Rights criticised the policy in Hirst v UK, which arose out of the 2002 case of R v Home Secretary ex parte Hirst. The European Court held that Section 4 of the Representation of the People Act 2000 which prevents prisoners from voting is in breach of the electoral right under Article 1 of Protocol 3 of the European Convention on Human Rights.
The Government insists that it is still considering the responses to its second stage consultation on the issue, despite it closing over six months ago. With voter registration for the 2010 General Election closing on 20 April, prisoners will not get their chance to vote in a general election for at least a few more years.
However, Mr Prichard may well win a compensation payment from the UK Government, which the European Court of Human Rights has the power to award in cases where a contracting state has breached a citizen’s human rights. This could open the door to the other 87,883 serving prisoners to bring their own legal actions.
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11 November 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular unexpected sunny spell of human rights news and views. The full list of links can be found here. You can find previous roundups here. Post by Sarina Kidd, edited and links compiled by Adam Wagner.
This week, the Parliamentary Joint Committee on the draft Voting Eligibility (Prisoners) Bill took evidence , and there were notable comments from the Secretary General of the Council of Europe, the body which monitors compliance with the European Court of Human Rights. Meanwhile, Baroness Hale weighed in on the proposed judicial review changes and, continuing along the judicial review vein, David Miranda (pictured) began his claim on Wednesday.
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21 June 2018 by Guest Contributor
On 15th June 2018 the Canadian Supreme Court handed down two interesting and closely related judgments involving Trinity Western University: Law Society of British Columbia v Trinity Western University and Brayden Volkenant 2018 SCC 32 and Trinity Western University and Brayden Volkenant v Law Society of Upper Canada 2018 SCC 32
Trinity Western University (TWU) is a Christian University – indeed, in its own words, it is “a distinctly Christian university” (here, page 2). It takes “the Bible as the divinely inspired, authoritative guide for personal and community life” (here, page 1) and seeks“to develop godly Christian leaders”.
Prospective TWU students must sign a ‘Community Covenant’. That Covenant requires them to commit to “reserve sexual expressions of intimacy for marriage” and abstain from“sexual intimacy that violates the sacredness of marriage between a man and a woman” (here, page 3). This rule applies both on and off campus(the Abstinence Rule, see paras [1] and [319]).
The Law Society of British Columbia (LSBC) refused to approve TWU’s faculty of Law because of the Abstinence Rule (I will call this the Decision). The question before the Supreme Court of Canada was whether this was lawful. The issue in Law Society of Upper Canada dealt with a similar decision of the Law Society of another province(Ontario)to approve the TWU law school.
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19 April 2012 by Guest Contributor
The BBC reported yesterday that there’s “doubt” about the deportation of Abu Qatada, following his arrest on Tuesday and now his appeal to the European Court of Human Rights – which the Home Secretary Theresa May says is out of time. So: is she right? Is the appeal out of time? How has the Home Office got into this apparent mess? And what if any difference does this appeal make?
The European Court’s judgment in Abu Qatada’s case was dated January 17th 2012. Of that there’s no doubt; and it’s irrelevant whether the government or anyone else was given notice of the judgment before, or received it later.
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17 December 2013 by Rosalind English
Following David Hart’s highly popular review of Alan Paterson’s book on the Supreme Court, here’s an account of the recent public speeches of Lord Sumption, Lord Justice Laws, and Lady Hale. I apologise in advance for the length of this post, but to do justice to all three lectures it has proved necessary to quote extensively from each. There are links to the full text of the lectures, if you want to digest them over Christmas. But whether or not that prospect appeals, here is a challenge for the festive season. Lord Sumption divides judges into three categories: the “parson”, the “pragmatic realist” and the”analyst” (quoted by Professor Paterson in Final Judgment: The Last Law Lords and the Supreme Court). Which of these labels fit the respective speakers?
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Laura Profumo serves us the latest human rights happenings.
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