Article 6
5 June 2010 by Guest Contributor
The European Convention - now it has its own blog page
We have added a new “ECHR” page where you can access an index of the Articles of the European Convention on Human Rights.
The page can be accessed by clicking here, or by clicking on the “ECHR” tab at the top of any page on the blog.
Each Article has its own separate page with the wording of the Article itself and a brief summary of how it works in law.
You can access this summary by clicking on the “more info” link. You can also click on the “posts” link to see all posts on the UK Human Rights Blog relating to that Article. A few articles don’t have a live link “posts” as we have not posted on it yet. We would welcome your comments on this or on any way we can make the blog better.
The index is reproduced below:
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25 May 2010 by Adam Wagner
Human rights challenges to deportation and extradition seem to be constantly in the public eye. Gary McKinnon’s battle against extradition has caught the public, as has the now notorious “Pathway Students” terrorist deportation case. An examination of three recent decisions highlights the various ways in which the courts approach the human rights arguments in such cases.
There have been a steady stream of high-profile deportation and extradition decisions in the past few weeks, none more controversial than the “Pathway students” case, where two suspected terrorists were saved from deportation to Pakistan as they were thought to be at risk of torture or death upon their return. The Daily Telegraph reports that the Human Rights Act is being invoked in a growing number of asylum and immigration case, although it does not say whether the number of successful uses of the Act has increased.
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24 May 2010 by Adam Wagner
Under threat?
The Coalition Government has pledged to “protect” the right to trial by jury. It is often assumed that the a jury is needed to ensure a fair trial, but Sir Louis Blom-Cooper argues in an interesting article in the Guardian that juries may not always be essential, particularly in cases involving serious organised crime.
Blom-Cooper, an academic and barrister, argues that jury-less trials need not always be illiberal. He says “The experience in Northern Ireland over three decades suggests that serious organised crimes can effectively and efficiently be tried before a professional court ‑ a single judge or perhaps three judges.” He also suggests that defendants ought to be able to waive their right to trial by jury as is the case in many other jurisdictions.
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5 March 2010 by Adam Wagner
Re W (Children) [2010] UKSC 12 [On appeal from [2010] EWCA Civ 57]
The Supreme Court has ruled that refusing an application for a child to give evidence in a trial may contravene Article 6 of the European Convention on Human Rights (ECHR).
At issue in this case is the care of five children. All the children were taken into foster care and the four younger children are having supervised contact with both parents. The father has since been charged with 13 criminal offences and is currently on bail awaiting trial.
In the family proceedings the parties originally agreed that there would be a fact finding hearing in which the 14 year old girl would give evidence via a video link. In November 2009 the judge decided to refuse the father’s application for her to be called. Instead, she would rely on the other evidence, including a video-recorded interview with the child.
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