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
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedingsThe applicants were an unmarried couple who could not marry, and so legitimate their daughter, the third applicant, because … Continue reading Johnston and Others v Ireland: ECHR 18 Dec 1986
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by keeping secret that he himself was a pervert, unfit to have any child in his care. … Continue reading Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993
Judges: Morgan LCJ, Girvan LJ and Coghlin LJ Citations: [2013] NICA 37 Links: Bailii Statutes: Adoption (Northern Ireland) Order 1987, European Convention on Human Rights 8 14 Jurisdiction: Northern Ireland Adoption, Discrimination, Human Rights Updated: 07 August 2022; Ref: scu.513865
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986
The court was asked whether the applicant’s entitlement to a statutory sickness allowance, which was a contributory scheme but for which she had not registered due to illness, was a civil right within the meaning of article 6. Held: The applicant claimed a right ‘flowing from specific rules laid down by the legislation in force’ … Continue reading Feldbrugge v The Netherlands: ECHR 29 May 1986
The applicant was not entitled in domestic law to succeed to a tenancy on the death of her partner. The aim of the legislation is question was to protect the family, a goal similar to the protection of the right to respect for family life guaranteed by Article 8 of the Convention. The aim itself … Continue reading S v United Kingdom: ECHR 1986
The applicants were accountants who had practised as such for some years when a new statute came into force which required then to register. Their applications were refused. Held: Article 1PI was engaged. In paragraphs 41 and 42 the Court said this: ‘The Court agrees with the Commission that the right relied upon by the … Continue reading Van Marle And Others v The Netherlands: ECHR 26 Jun 1986
(Commission/admissibility) The applicant’s lease was forfeited on her non-payment of a service charge and possession was ordered. Her primary claim was made (unsuccessfully) under article 1 of the First Protocol to the Convention. But she also complained that her eviction from her home constituted an unjustified interference with the right to respect for her home … Continue reading Di Palma v United Kingdom: ECHR 1 Dec 1986
Freedom of expression, as secured in paragraph 1 of Article 10, constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as … Continue reading Lingens v Austria: ECHR 8 Jul 1986
The state must act in a manner calculated to allow those concerned to lead a normal family life. Citations: (1986) 49 DR 67 Statutes: European Convention on Human Rights 8 Jurisdiction: Human Rights Cited by: Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; … Continue reading Z and E v Austria: ECHR 1986
The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which underlies the constitutional traditions common to the member states and which is laid down in articles 6 … Continue reading Johnston v Chief Constable of the Royal Ulster Constabulary: ECJ 15 May 1986
The Comission found inadmissible an allegation that Sweden had infringed Article 8 by not providing financial assistance to a mother to allow her to stay at home to look after her children, rather than placing them in a creche and going out to work. ‘The Convention does not as such guarantee the right to public … Continue reading Andersson and Kullman v Sweden: ECHR 1986
That a detainee may be heard either in person or, where necessary, through some form of representation can be a fundamental procedural guarantee in matters of deprivation of liberty. Article 5(4)was inspired by the English law of habeas corpus. Citations: [1986] ECHR 12, 9862/82, (1986) 9 EHRR 71 Links: Worldlii Statutes: European Convention on Human … Continue reading Sanchez-Reisse v Switzerland: ECHR 21 Oct 1986
Krugerrand coins were seized by the Commissioners and the claimant was unsuccessful in obtaining their restoration under what is now section 152(b) of the 1979 Act. It was argued that the request for restoration of the coins amounted to a determination of a criminal charge. Having noted that criminal charges under domestic law had been … Continue reading AGOSI v The United Kingdom: ECHR 24 Oct 1986
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986
The defendant was convicted of causing actual bodily harm, mainly on the basis of statements which his wife and daughter had given to the police. His wife and daughter took advantage of their right not to give evidence at his trial and so could not be cross-examined on their statements. Held: Where a conviction is … Continue reading Unterpertinger v Austria: ECHR 24 Nov 1986
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act. Held: The prisoner had followed through his rights to petition the governor. Had he done so and failed, … Continue reading Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C: SCS 18 Dec 2001
The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there. Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not established any other home elsewhere in the United Kingdom and had retained ‘sufficient continuing links’ … Continue reading Gillow v The United Kingdom: ECHR 24 Nov 1986
ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fifth Section 74288/14, [2021] ECHR 823 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 04 December 2021; Ref: scu.668680
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed. Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is whether the threat was so serious as would cause a reasonable man in the same … Continue reading Regina v Howe etc: HL 19 Feb 1986
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The applicants complained that on the nationalisation of their interests under the 1977 Act, the compensation awarded had been inadequate and did not reflect their true value.
Held: Convention jurisprudence permits a proportionate restriction . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
The Court concludes that in Northern Ireland:
(i) There is no general right to abortion whether under the common law or under statute.
(ii) The Northern Ireland Human Rights Commission (‘the Commission’) has legal standing under the . .
The position of married couples is not comparable with the position of unmarried couples, so that differences in treatment between them do not amount to discrimination within the meaning of article 14 of the convention. . .
. .
Although the Constitutional Court had no jurisdiction to rule on the merits of the dispute, its decision was ‘capable of affecting the outcome of the claim’.
The court considered a widow’s supplementary pension arising from her husband’s death . .
Hudoc Preliminary objection rejected (incompatibility); No violation of Art. 10 . .
Hudoc Preliminary objection rejected (incompatibility); Preliminary objection rejected (non-exhaustion); No violation of Art. 10 . .
Hudoc Preliminary objection rejected (incompatibility); Preliminary objection rejected (non-exhaustion); Violation of Art. 5-1; Pecuniary damage – claim rejected; Non-pecuniary damage – claim partially rejected; . .
Hudoc Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings . .
. .
Appeal by the Attorney General and Department of Justice against an Order declaring that sections 58 and 59 of the 1861 Act and section 25 of the 1945 Act were incompatible with Article 8 of ECHR insofar as it is an offence:
(i) to procure a . .
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his rights to a fairtrial were not engaged. Held: The prisoner’s appeal was dismissed. … Continue reading Tangney v The Governor of HMP Elmley and Another: CA 29 Jul 2005
Hudoc Judgment (Just satisfaction) Pecuniary damage – financial award; Non-pecuniary damage – financial award. Citations: 2614/65, [1972] ECHR 2, [1972] ECHR 2 Links: orldlii, Bailii Statutes: European Convention on Human Rights 86 Jurisdiction: Human Rights Citing: See Also – Ringeisen v Austria ECHR 16-Jul-1971 The Austrian District and Regional Real Property Transactions Commission refused to … Continue reading Ringeisen v Austria: ECHR 22 Jun 1972
The Board heard an appeal against a final order of suspension for 12 months. It considered Madan’s case. Held: The Board wished to reserve their opinion on the reasoning in the judgments that it was the application of Article 6 which required the IOC to weigh the doctor’s interests against the protection of the public. … Continue reading Choudhary v General Medical Council: PC 2001
ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 5386/20, [2022] ECHR 974 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 21 January 2023; Ref: scu.682629
Citations: 25223/05, [2009] ECHR 386 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 31 December 2022; Ref: scu.316614
Appeal against refusal of permission for change of use. The permission sought was for a change of use to a residential gypsy caravan site for two Romany gypsies. The issue was whether an Article 8 right could be established in respect of a prospective home. Citations: [2009] EWCA Civ 809, [2009] 31 EG 72, [2010] … Continue reading Rafferty and Another v Secretary of State for Communities and Local Government and Another: CA 29 Jul 2009
The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal. Held: The correct approach was to to treat it … Continue reading Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003
Citations: 16386/07, [2010] ECHR 1294 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 December 2022; Ref: scu.424130
Hudoc Violation of P1-1 ; Not necessary to examine Art. 14 + P1-1 ; Just satisfaction reserved 46720/99 ; 72203/01 ; 72552/01 Citations: 46720/99, 72203/01, [2004] ECHR 36 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – Jahn And Others v Germany ECHR 30-Jun-2005 A deprivation of … Continue reading Jahn And Others v Germany: ECHR 22 Jan 2004
ECHR Judgment : Right to a fair trial : Fifth Section Committee Citations: 42361/12, [2020] ECHR 386 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651315
ECHR Judgment : Protection of property : Fifth Section Citations: 48786/09, [2020] ECHR 384 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 December 2022; Ref: scu.651305
Citations: 18786/11 – Committee Judgment, [2013] ECHR 411 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 December 2022; Ref: scu.491933
Citations: 75184/11 – Communicated Case, [2013] ECHR 386, [2013] ECHR 851 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 December 2022; Ref: scu.491928
FTTTx INCOME TAX – Taxpayer a British national resident in the Republic of Ireland – taxed in the UK on a civil service pension by virtue of Article 18 UK/Irish Double Taxation Convention – taxpayer’s wife an Irish national taxed on UK local authority pension in Ireland – taxpayer taxed less favourably in the UK … Continue reading Percival v Revenue and Customs: FTTTx 18 Apr 2013
ECHR Judgment : Remainder inadmissible : Fourth Section Citations: 78635/13, [2020] ECHR 296 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.651010
ECHR Judgment : Respect for private life : Insufficient foreseeability and safeguards of domestic law governing the taking of DNA samples : Fourth Section Citations: 75229/10, [2020] ECHR 286 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650980
ECHR Judgment : Freedom of expression-{general} : Second Section Committee Citations: 24227/09, [2020] ECHR 349 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 December 2022; Ref: scu.650986
(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: ‘In … Continue reading Esbester v United Kingdom: ECHR 2 Apr 1993
The claimant sought damages, saying that he had been unlawfully detained when found unfit to plead in 1997. Held: The claim failed. (a) The 1964 Act, and its Scottish equivalent, did not authorise anything that was arbitrary. (b) It followed that Parliament did not, by the 1986 Order, pass subordinate legislation which authorised arbitrary detention … Continue reading Juncal, Regina (on the Application of) v Secretary of State for the Home Department and others: Admn 19 Dec 2007
An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information will not be restrained by the courts save on pressing grounds. … Continue reading Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992
Citations: 58617/00, [2004] ECHR 193 Links: Worldlilii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 30 November 2022; Ref: scu.211526
ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings 65665/01 ; 71879/01 ; 72861/01 Citations: 71879/01, 65665/01, [2004] ECHR 82, [2004] ECHR 83, 72861/01 … Continue reading Schluga v Austria: ECHR 19 Feb 2004
ECHR Article 1 para. 2 of Protocol No. 1 Control of the use of property Forfeiture of a civil servant’s wrongfully acquired property as part of domestic anti-corruption measures: no violation Facts – In 2004 the first applicant, a former government minister, was charged with abuse of authority and extortion. The Public Prosecutor’s Office of … Continue reading Gogitidze And Others v Georgia: ECHR 12 May 2015
The Coroner, conducting an investigation into a person’s death, issued notices under para 1(2) of Schedule 5 to the Coroners and Justice Act 2009, requiring the Revenue and Customs Commissioners to provide occupational information concerning the deceased for the purpose of investigating whether he had died as a result of an industrial disease. The Commissioner … Continue reading Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool: Admn 21 May 2014
Citations: 41957/04, [2009] ECHR 254, [2011] ECHR 1651 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.291865
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 defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication. Held: To claim facts in aid of a defence of fair comment, it would make no sense if those facts were not known … Continue reading Lowe v Associated Newspapers Ltd: QBD 28 Feb 2006
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
ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 10390/15, [2022] ECHR 986 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 November 2022; Ref: scu.682607
ECHR Judgment : Violation of Article 3 – Prohibition of torture Article 3 – Torture Substantive aspect Violation of Article 3 Citations: 21571/05, [2017] ECHR 491 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607686
ECHR Judgment : Remainder inadmissible Article 35-1 – Exhaustion of domestic remedies Violation of Article 1 of Protocol No. 1 Citations: 20086/13, [2017] ECHR 614 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607668
A single homosexual man complained that the respondent state had made it impossible for him to adopt a child. Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article 14 in conjunction with article 8, on margin of appreciation grounds. The … Continue reading Frette v France: ECHR 26 Feb 2002
Citations: 8655/10, [2010] ECHR 1817 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See Also – FI And Others v The United Kingdom ECHR 15-Mar-2011 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 23 November 2022; Ref: scu.426926
Citations: 4663/05, [2011] ECHR 250 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 November 2022; Ref: scu.428633
The applicants had come to the UK after being excluded from their own island of Chagos. They sought judicial review of the refusal of Job Seekers’ Allowance after a finding that they were not resident here. Judges: Ward LJ, Thomas LJ, Wa;; LJ Citations: [2007] EWCA Civ 1086, [2008] ACD 21, [2008] 1 WLR 2762 … Continue reading Couronne and others v Bontemps and others: CA 2 Nov 2007
Citations: 23786/02, [2006] ECHR 1008 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 November 2022; Ref: scu.246879
Citations: 32374/02, [2006] ECHR 1013 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 22 November 2022; Ref: scu.246869
The deceased had committed suicide whilst in prison. The judge had requested that prison should be told of the risk of self harm. The mother appealed refusal of the judge to grant a judicial review of the Home Secretary’s refusal to grant, as requested by the coroner. A public inquiry into the pre-sentence exercise, the … Continue reading Scholes v Secretary of State for the Home Department: CA 17 Oct 2006
ECHR Judgment :Right to a fair trial : Third Section Citations: 78108/14, [2020] ECHR 178 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.649686
ECHR Judgment : Article 8 – Right to respect for private and family life : Fourth Section Committee Citations: 66640/12, [2018] ECHR 986 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 November 2022; Ref: scu.631291
Citations: 8944/07, [2011] ECHR 242 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.428621
Citations: 38726/05, [2011] ECHR 243 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.428628
Citations: 4909/04, [2011] ECHR 255 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.428632
Citations: 30499/03, [2011] ECHR 256 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.428614
ECHR Judgment – Right to a fair trial : First Section Committee Citations: 72950/13, [2020] ECHR 266 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649786
ECHR Judgment : Right to liberty and security : Third Section Committee Citations: 71862/13, [2020] ECHR 217 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649753
ECHR Judgment : Right to respect for private and family life : Third Section Citations: 68868/14, [2020] ECHR 174 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649706
ECHR Judgment : Right to liberty and security : Fifth Section Citations: 30778/15, [2020] ECHR 186 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649671
ECHR Judgment : Preliminary objection joined to merits and dismissed : Fourth Section Citations: 56867/15, [2020] ECHR 136 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 November 2022; Ref: scu.649657
The claimant, the former Taoiseach of Ireland sought damages after the defendant newspaper published an article falsely accusing him of duplicity. The paper said that his position meant that they should have the defence of quaified privilege available. Held: Qualified privilege defence applied in defamation proceedings reporting acts of public officials where there appeared a … Continue reading Reynolds TD v Times Newspapers Ltd; Ruddock and Witherow: CA 8 Jul 1998
ECHR Judgment : Article 5 – Right to liberty and security : Second Section Committee Citations: 63634/16, [2022] ECHR 900 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 November 2022; Ref: scu.681865
ECHR Judgment : Remainder inadmissible : Fourth Section Citations: 78643/11, [2020] ECHR 241 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 November 2022; Ref: scu.649757
Citations: 71386/10 – Chamber Judgment, [2013] ECHR 375 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 17 November 2022; Ref: scu.472988
Citations: 24892/03 – HEJUD (French text), [2013] ECHR 124 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.470786
Citations: 19120/05, [2011] ECHR 247 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.428619
Citations: 29853/96, [2004] ECHR 155, 29486/95, 29487/95 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.277192
The physical and psychological integrity which the state may in principle be under an obligation to take positive steps to protect under Article 8 included two particularly important concepts. The first was human dignity, the second was the right of the disabled to participate in the life of the community and to have access to … Continue reading AB X and Y, Regina (on the Application of) v East Sussex County Council and Another: Admn 18 Feb 2003
ECHR Article 3Degrading treatmentStructural problems resulting in prisoner suffering from mental disorders being held for more than fifteen years in prison psychiatric wing with no hope of change or appropriate medical care: violationFacts – In February 1978 a Criminal Court judgment ruled that the applicant, who had raped his underage sisters, was not criminally responsible … Continue reading Claes v Belgium: ECHR 10 Jan 2013
Citations: 32843/03 – HEJUD (French text), [2013] ECHR 213 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471863
Citations: 860/08 – HECOM, [2013] ECHR 231 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471865
Citations: 4867/11 – HECOM, [2013] ECHR 201 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471843
Citations: 39786/09 – HEJUD, [2013] ECHR 158 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471040
Citations: 23386/09 – HEJUD, [2013] ECHR 160 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 14 November 2022; Ref: scu.471025
UTIAC 1. In cases to which the new Immigration Rules introduced as from 9 July 2012 by HC 194 apply, judges should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. Where the claimant does not meet the requirements … Continue reading Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013
ECHR Judgment : Preliminary objection dismissed : Third Section Citations: 34085/17, [2022] ECHR 901 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 November 2022; Ref: scu.681863