The claimants sought to demonstrate against a development in their home town. The respondents who owned the shopping mall which dominated the town centre, refused to allow them to demonstrate in the mall or to distribute protesting leaflets. The claimants complained of interference with their rights to free speech and expression, saying a public authority … Continue reading Appleby and Others v The United Kingdom: ECHR 6 May 2003
The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002
(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with … Continue reading Dublin City Council v Gallagher: 11 Nov 2008
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994
Citations: 26118/10 – HEJUD (French text), [2013] ECHR 216 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Note – Eon v France ECHR 14-Mar-2013 . . Cited by: Note – Eon v France ECHR 14-Mar-2013 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 07 … Continue reading Eon v France: ECHR 14 Mar 2013
ECHR – Information Note Citations: 26118/10, [2013] ECHR 1346 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 December 2022; Ref: scu.682589
ECHR Judgment : Right to a fair trial : Fourth Section Committee ECHR Judgment : Right to a fair trial : Fourth Section Committee Citations: 66110/13, [2020] ECHR 419, [2020] ECHR 436 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651345
ECHR Judgment : Prohibition of torture : Second Section Committee ECHR Judgment : Prohibition of torture : Second Section Committee Citations: 42110/17, [2020] ECHR 415, [2020] ECHR 432 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651321
ECHR Judgment : Article 11 – Freedom of assembly and association : Third Section Committee Citations: 12283/14, [2022] ECHR 989 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.682613
ECHR Judgment : Right to respect for private and family life : Third Section Citations: 71160/13, [2020] ECHR 298 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651045
ECHR Judgment : Article 11 – Freedom of assembly and association : Fifth Section Committee Citations: 67197/13, [2020] ECHR 366 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651020
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
ECHR Judgment : Right to life : First Section Citations: 24913/15, [2020] ECHR 329 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 December 2022; Ref: scu.651011
ECHR Article 1 of Protocol No. 1 Positive obligations Failure of the state to protect the property rights of minors under a real-estate swap agreement: violation Facts – In 1997 the applicants, two minor sisters represented by their mother, purchased a villa for EUR 60,000. The mother and Z.L., who was the applicants’ legal guardian … Continue reading SL And JL v Croatia: ECHR 7 May 2015
ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her. Held: The appeal succeeded. The … Continue reading O’Connor v Bar Standards Board: SC 6 Dec 2017
Citations: 46113/99, [2010] ECHR 306 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.403023
(i) A decision of the Secretary of State not to grant indefinite leave to remain to a person subject to the restricted leave policy (‘the RL policy’) does not normally engage Article 8 of the European Convention on Human Rights. However, Article 8 may be engaged by a decision to refuse to grant indefinite leave … Continue reading MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
ECHR Judgment : Remainder inadmissible : Third Section Citations: 65550/13, [2018] ECHR 1012 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 November 2022; Ref: scu.631264
The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015
The claimant, a 15 year old boy,alleged that his detention in the cells at a Magistrates court when facing a charge of breach of bail conditions was a breach of his human rights and under the 1933 and 2010 Acts. Held: In the particular circumstances there was a breach of the 1933 Act, but not … Continue reading T, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 3 May 2013
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
Citations: [2011] ECHR 2102, 31827/02 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Peter Laduna v Slovakia ECHR 20-Oct-2010 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 20 November 2022; Ref: scu.518999
ECHR Judgment : Preliminary objection joined to merits and dismissed : Third Section Citations: 15613/10, [2020] ECHR 132 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649701
In adoption proceedings, ML refused her consent to the proposed adoption. She argued that the provision in the 1997 Act (allowing a court to dispense with her consent) was beynd the competence of the Scottish Parliament, and infringed her right to family life. Judges: Lord President, Lady Paton, Lord Kingarth Citations: [2011] ScotCS CSIH – … Continue reading ANS and Another v ML: SCS 21 Jun 2011
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Committee Citations: 11314/10, [2020] ECHR 231 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649775
Citations: 44818/11 – Communicated Case, [2013] ECHR 333 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 17 November 2022; Ref: scu.472610
Citations: 56005/10 – Chamber Judgment (French Text), [2013] ECHR 308 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 17 November 2022; Ref: scu.472549
Citations: 44539/11 – Chamber Judgment, [2013] ECHR 298, 70073/10 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.472461
ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013
ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013
ECHR Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Agnelet v. France, no. 61198/08, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for … Continue reading Legillon v France: ECHR 10 Jan 2013
Citations: 72211/01, [2005] ECHR 88 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.277213
ECHR Judgment : Article 10 – Freedom of expression-{general} : Second Section Citations: 69270/12, [2020] ECHR 139 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.649685
ECHR Article 8-1 Respect for family life Authorities’ failure to ensure legal representation of mentally disabled applicant in proceedings divesting her of parental rights and to inform her of adoption proceedings in respect of her son: violation Facts – The first applicant is the mother of the second applicant L., who was born in 2008. … Continue reading AK and L v Croatia: ECHR 8 Jan 2013
Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Legillon v. France, no. 53406/10, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for murder. … Continue reading Agnelet v France: ECHR 10 Jan 2013
The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: Admn 26 Mar 2013
A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a … Continue reading A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013
The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
The claimant was facing trial in Bali which would eventually lead to a sentence of death. She complained of inadequate legal assistance before and at the trial. She had been represented by a local lawyer, paid with funds (andpound;5,000) raised by her sister, but who (according to her) spoke little English and had no experience … Continue reading Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 4 Feb 2013
Referral to Grand Chamber Judges: Josep Casadevall, P Citations: 23459/03, [2010] ECHR 1998 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Bayatyan v Armenia ECHR 27-Oct-2009 The claimant was a Jehovah’s Witness and accordingly a pacifist. He complained of being obliged to undertake military service. No alternative service was offered. He … Continue reading Bayatyan v Armenia: ECHR 10 May 2010
(Grand Chamber) The applicant was a practising Jehovah’s Witness and a conscientious objector. He said that his conviction for refusing to serve in the army had violated his right to freedom of thought, conscience and religion. That complaint had been rejected. Held: (Gyulumyan dissenting) There had been a violation of the applicant’s article 9 rights. … Continue reading Bayatyan v Armenia: ECHR 7 Jul 2011
Citations: 8159/08 – HEJUD, [2013] ECHR 50, 1441/07, 19511/10, 32382/07, 37282/08 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.469790
Citations: 29706/08, [2010] ECHR 1151, [2011] ECHR 1561 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.421135
Citations: 19293/08, [2010] ECHR 1183 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.421130
Citations: 36103/04, [2011] ECHR 469 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 November 2022; Ref: scu.430582
ECHR Article 35-3 Ratione materiae Complaint relating to implementation of previous European Court judgment and raising no new facts: inadmissible Facts – In a judgment of 21 December 2000,* the Court found that the applicant in the present case had been ill-treated contrary to Article 3, and that there had been a breach of Article … Continue reading Egmez v Cyprus (Dec): ECHR 18 Sep 2012
ECHR Article 3 Torture Alleged complicity in practice of rendition of persons to secret detention sites at which illegal interrogation methods were employed: communicated Effective investigation Alleged failure to acknowledge and investigate details of ill-treatment and enforced disappearance: communicated [This summary also covers the communicated case of Al Nashiri v. Romania, no. 33234/12.] The applicant, … Continue reading Al Nashiri v Poland: ECHR 10 Jul 2012
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 2102/20, [2022] ECHR 880 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681688
ECHR Judgment : Article 10 – Freedom of expression-{general} : Fifth Section Citations: 22636/19, [2022] ECHR 820 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 11 November 2022; Ref: scu.681648
Citations: 52888/08, 4995/09, 61143/08 – HEJUD, [2012] ECHR 2054, 5068/09, 5141/09, 58528/08, 59194/08, 60462/08, 60473/08, 60628/08, 610/09, 61116/08, 61131/08, 61139/08 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.467015
Citations: 39675/08, [2011] ECHR 543 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.431304
Citations: 25677/07, [2011] ECHR 527 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.431300
Citations: 11373/03, [2010] ECHR 1026 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 10 November 2022; Ref: scu.420433
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
The claimant said that having been raped repeatedly in Uganda, she had fled to England, where her passport was taken and she was forced to work and her earnings taken, and she was held captive. On escaping, her application for asylum was refused. Judges: Lech Garlicki, P Citations: (2013) 56 EHRR 24, 34 BHRC 1, … Continue reading CN v The United Kingdom: ECHR 13 Nov 2012
A residence order can not be accompanied by an order as to where a parent with care must live in the UK or with whom. An appeal may well arise in which a disappointed applicant will contend that section 13(1)(b) of the Children Act 1989 imposes a disproportionate restriction on a parent’s right to determine … Continue reading In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997
The court amended its earlier judgment as to the overall increase in the level of damages to be awarded in personal injury cases. The system enacted in the 1999 Act remains in force in relation to litigation brought pursuant to conditional fee agreements made before April 2013 Judges: Igor Judge, Baron Judge LCJ, Lord Dyson … Continue reading Simmons v Castle: CA 10 Oct 2012
Citations: 74113/10 – HECOM, [2012] ECHR 1733 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 November 2022; Ref: scu.464485
ECHR Judgment : Article 11 – Freedom of assembly and association : Fifth Section Citations: 69483/13, [2022] ECHR 773 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 November 2022; Ref: scu.681710
Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Civil proceedings Article 6-1 – Reasonable time) Citations: 39611/08, [2017] ECHR 310 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581398
Citations: 1066/05, [2011] ECHR 251 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.428613
ECHR Judgment : Article 2 – Right to life : Third Section Citations: 61019/19, [2022] ECHR 813 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.681669
Citations: 54845/10, [2011] ECHR 2293 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.460808
Citations: 2810/09, [2011] ECHR 2343 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.460764
Citations: 26264/06, [2011] ECHR 2410 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.460747
Citations: 12905/07, [2011] ECHR 2310 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 03 November 2022; Ref: scu.460743
Citations: 20510/08, [2011] ECHR 2407 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460707
Citations: 25634/05, [2011] ECHR 2131 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460710
Citations: 9732/10, [2011] ECHR 2413 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460680
Citations: 49243/10, [2011] ECHR 2328 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460690
Citations: GERMAINE v United Kingdom – 71308/10, [2011] ECHR 2325 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460694
Citations: 28310/06, [2011] ECHR 2320 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460697
Citations: 31135/05, [2012] ECHR 1020 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 01 November 2022; Ref: scu.460614
(Article 50) Citations: 10588/83, [1994] ECHR 19 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 October 2022; Ref: scu.211545
Claims were made after the deaths of British troops on active service in Iraq. In one case the deaths were from detonations of improvised explosive devices, and on others as a result of friendly fire. It was said that there had been a foreseeable risk of the deaths. The defendant sought the strike out of … Continue reading Smith and Others v Ministry of Defence: QBD 30 Jun 2011
The claimant’s son had died of hyperthermia whilst serving in the army in Iraq. The parties requested a new inquisition after the coroner had rules that human rights law did not apply to servicemen serving outside Europe. Reports had been prepared but were not disclosed to the coroner until the last day of the inquest … Continue reading Smith v The Assistant Deputy Coroner for Oxfordshire: Admn 11 Apr 2008
Citations: 46108/11 – HEJUD, [2013] ECHR 113 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 October 2022; Ref: scu.470783
Citations: 43174/10 – HEJUD, [2013] ECHR 117 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 October 2022; Ref: scu.470773
Citations: 67286/10 – HEJUD, [2013] ECHR 110 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 October 2022; Ref: scu.470788
Citations: 40799/06 – Chamber Judgment, [2013] ECHR 1105 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 October 2022; Ref: scu.517618
Citations: 47268/06 – Chamber Judgment, [2013] ECHR 1100 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 October 2022; Ref: scu.517633
Citations: 4494/07 – Chamber Judgment, [2013] ECHR 1104 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 October 2022; Ref: scu.517615
Citations: 21380/04 – Chamber Judgment, [2013] ECHR 1102 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 October 2022; Ref: scu.517631
Citations: 33333/11 – Committee Judgment, [2013] ECHR 1106 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 October 2022; Ref: scu.517640
Citations: 13977/05 – Committee Judgment, [2013] ECHR 1107 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 October 2022; Ref: scu.517644
Grand Chamber Judgment. The applicants alleged that the fact that the ‘civil unions’ introduced by the respondent were designed only for couples composed of different-sex adults had infringed their right to respect for their private and family life and amounted to unjustified discrimination between different-sex and same-sex couples, to the detriment of the latter. Held: … Continue reading Vallianatos and Others v Greece: ECHR 7 Nov 2013
The applicant claimed that the police had known in advance of an attack upon the applicants by religious opponents, which he said would constitute inhuman or degrading treatment, but that they had failed to take any preventive action. Held: The Court reaffirmed the existence of a positive obligation upon States under article 3, in the … Continue reading Gldani Congregation of Jehovah’s Witnesses Others v Georgia: ECHR 3 May 2007
The applicants, a same sex couple sought the right to marry. Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide … Continue reading Schalk and Kopf v Austria: ECHR 22 Nov 2010
The applicants alleged discrimination in that as a same sex couple they were not allowed to marry. Held: There was no violation.The Court cannot but note that there is an emerging European consensus towards legal recognition of same-sex couples. Moreover, this tendency has developed rapidly over the past decade. Nevertheless, there is not yet a … Continue reading Schalk and Kopf v Austria: ECHR 24 Jun 2010
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
(Grand Chamber) – The applicant had been detained in Kenya. He had allowed himself to be taken by Kenyan officials to Nairobi airport in the belief that he was free to leave for a destination of his choice, but they took him to an aircraft in which Turkish officials were waiting for him and he … Continue reading Ocalan v Turkey: ECHR 12 May 2005
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
