Category: Human Rights

Gillan and Quinton v The United Kingdom: ECHR 12 May 2009

(Admissibility and Summary)

Citations:

[2009] ECHR 755, 4158/05

Links:

Bailii

Statutes:

Terrorism Act 2000 44, European Convention on Human Rights 5 8 10

Jurisdiction:

Human Rights

Citing:

At First Instance – Gillan and Another, Regina (on the Application of) v Commissioner of the Police for the Metropolis and Another Admn 31-Oct-2003
The applicants challenged by way of judicial review the way they had been stopped and searched under the Act. They attended a demonstration. The search revealed nothing suspicious. General authorisations for such searches had been issued under the . .
At Court of Appeal – Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 29-Jul-2004
The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate.
Held: The . .
At House of Lords – Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another HL 8-Mar-2006
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about . .
Question Set – Gillan and Quinton v The United Kingdom ECHR 10-Jun-2008
The court set the questions to be answered later in response to the complaint as to the use of stop and search powers by the British police. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 13 August 2022; Ref: scu.392848

KB, Regina (on The Application of) v Secretary of State for Justice: Admn 13 Jan 2010

The claimant said that whilst he had been detained at a Young Offender Institute, he had been subjected to the Disclipline Incident Reports systems, which he now said was an unlawful interference in his human rights.
Held: As to one system, the challenge failed, but the main challenge succeeded. The defendant suggested that submission to the regime was always by consent, but it remained oppressive as operated at the centre: ‘the DIR system as prescribed in the document and operated at Wetherby is unlawful because (i) it is ultra vires the Act and the rules; (ii) it is actually or potentially arbitrary in the characterisation of offences; and (iii) it lacks minimum essential safeguards for the imposition of punishment.’

Judges:

Holman J

Citations:

[2010] EWHC 15 (Admin)

Links:

Bailii

Statutes:

Prison Act 1952 47, Young Offender Institution Rules 2000

Prisons, Human Rights

Updated: 13 August 2022; Ref: scu.392876

Sejdic And Finci v Bosnia And Herzegovina: ECHR 22 Dec 2009

Citations:

27996/06, [2009] ECHR 2122

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – Eweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 13 August 2022; Ref: scu.392812

Omar Othman v The United Kingdom: ECHR 26 May 2009

Statement of Facts. The applicant resisted deportation to Jordan to face trial on on terrorism related charges, saying that there was a real risk that the evidence to be presented against him would include evidence obtained by torture.

Citations:

8139/09, [2009] ECHR 855

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Omar Othman (Abu Qatada) v The United Kingdom ECHR 17-Jan-2012
The applicant resisted his proposed deportation to Jordan to face charges of terrorism. He complained was that his retrial in Jordan would amount to a flagrant denial of justice because of a number of factors including a very real risk that . .
See Also – Othman v Secretary of State for The Home Department SIAC 6-Feb-2012
Application for bail. . .
See Also – Othman (Abu Qatada) v The United Kingdom ECHR 9-May-2012
(Press Release) Diplomatic assurances will protect Abu Qatada from torture but he cannot be deported to Jordan while there remains a real risk that evidence obtained by torture will be used against him. . .
See Also – Othman v Secretary of State for The Home Department SIAC 28-May-2012
SIAC (Deportation – Bail Application – Refused) The applicant was held in immigration detention pending a proposed deportation to his native Jordan to face retrial on terrorist charges. Having resisted his . .
See Also – Othman, Regina (on The Application of) v Special Immigration Appeals Commission (SIAC) and Others Admn 9-Aug-2012
The court gave its reasons for refusing the claimant’s applications for habeas corpus and permission to seek judicial review of his detention. He was detained pending deportation to Jordan. He resisted saying that if retried in Jordan, the evidence . .
See Also – Othman (Abu Qatada) v Secretary of State for The Home Department SIAC 12-Nov-2012
The applicant challenged his proposed deportation to Jordan to face perrorism related charges. He said that there was a real risk that the evidence used against him would have been obtained by torture.
Held: His appeal was allowed . .
See Also – Othman (Aka Abu Qatada) v Secretary of State for The Home Department CA 27-Mar-2013
The appellant sought the deportation of the respondent to his home country of Jordan to face trial on terrorism related charges. The respondent said that evidence against him would have been obtained by torture, and challenged re-assurances accepted . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 13 August 2022; Ref: scu.346970

Ahsan, Regina (on the Application of) v Director of Public Prosecutions; Tajik v Government of the United States of America: Admn 10 Apr 2008

A request was made by the United States for extradition to answer charges for alleged terrorist offences.

Judges:

Richards LJ

Citations:

[2008] EWHC 666 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Syed Tahla Ahsan v The United Kingdom ECHR 13-Feb-2009
. .
Cited – McKinnon, Regina (On the Application of) v Secretary Of State for Home Affairs Admn 31-Jul-2009
Assurances for Extradition
Extradition of the defendant was sought to the US to face allegations of hacking into defence computers there. He said this would infringe his article 3 rights, saying that he suffered Autism Spectrum Disorder.
Held: The application failed. US . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 13 August 2022; Ref: scu.266583

Gudmundsson v Iceland: ECHR 1996

A revocation of a licence is not a deprivation of property, but rather a control of its use within the second paragraph of article 1 under a proportionate and Convention compliant scheme

Citations:

23285/94, (1996) 21 EHRR CD 89

Jurisdiction:

Human Rights

Cited by:

Cited – Muck It Ltd v Merritt and others; traffic Commissioner v Muck It Ltd and Others, Secretary of State for Transport intervening CA 15-Sep-2005
The applicant appealed revocation of its operator’s licence.
Held: The Commissioner had erred. When revoking an existing goods vehicle licence the burden was on the commissioner to establish that there was good cause to revoke the licence, and . .
Cited – J A Pye (Oxford) Ltd v The United Kingdom ECHR 15-Nov-2005
The claimants had been the registered proprietors of land, they lost it through the adverse possession of former tenants holding over. They claimed that the law had dispossessed them of their lawful rights.
Held: The cumulative effect of the . .
Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 13 August 2022; Ref: scu.231176

Ramirez Sanchez v France: ECHR 27 Jan 2005

The applicant complained that he had been held in solitary confinement for a period of nearly 8 years whilst in prison, and had not been given a remedy.
Held: There had been no breach of article 3 by the confinement, but article 13 had been infringed by the failure to allow him any means to challenge his confinement.

Judges:

CL Rozakis P

Citations:

59450/00, [2005] ECHR 42, (2007) 45 EHRR 49

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 3 13

Jurisdiction:

Human Rights

Cited by:

See Also – Ramirez Sanchez v France ECHR 2-Dec-2010
(Execution of Judgment) Record of satisfaction of judgment against it by the respondent. . .
Appeal from – Ramirez Sanchez v France ECHR 4-Jul-2006
ramirez_sanchezECHR2006
(Grand Chamber) The applicant, better known as ‘Carlos the Jackal’, complained that he had been held in solitary confinement for 8 years by the respondent whilst in prison contrary to article 3, and that he had not been given any means of challening . .
Cited – Shahid v Scottish Ministers (Scotland) SC 14-Oct-2015
The appellant convicted of a racially-aggravated vicious murder. Since conviction he had spent almost five years in segregation from other prisoners. The appellant now alleged that some very substantial periods of segregation had been in breach of . .
Cited – Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean SC 28-Jun-2017
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons

Updated: 13 August 2022; Ref: scu.227645

Dudgeon v The United Kingdom: ECHR 24 Feb 1983

ECHR Judgment (Just satisfaction) Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings.

Citations:

[1983] ECHR 2, 7525/76, (1983) 5 EHRR 573

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 50

Jurisdiction:

Human Rights

Citing:

See Also – Dudgeon v The United Kingdom ECHR 22-Oct-1981
ECHR (Plenary Court) Legislation in Northern Ireland that criminalised homosexual behaviour which was lawful in the rest of the UK.
Held: There was a violation of article 8, but it was not necessary to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 13 August 2022; Ref: scu.164919

Magee v The United Kingdom: ECHR 6 Jun 2000

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-c; No violation of Art. 14+6; Pecuniary damage – finding of violation sufficient; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings
The applicant, who had been arrested in Northern Ireland and denied access to a solicitor for over 48 hours, complained of a violation by the UK of article 14 taken in conjunction with article 6. He alleged that, had he been arrested in England and Wales, he would have been granted access to a solicitor at once.
Held: The court rejected the complaint; it held at para 50 that the basis for the alleged difference of treatment was that, at the time of his arrest, the applicant had been present in Northern Ireland rather than in England and Wales and that, in that such a basis was not related to any personal characteristic, it was not a ground falling within article 14.

Citations:

[2000] ECHR 215, 28135/95, (2001) 31 EHRR 35, 31 EHRR 35, 8 BHRC 646, [2000] Crim LR 681, [2000] Po LR 188

Links:

Worldlii

Statutes:

European Convention on Human Rights 6 14

Jurisdiction:

Human Rights

Cited by:

Cited – Magee v United Kingdom ECHR 6-Jun-2000
The denial of access to a solicitor for a suspect before interrogation was a breach of the right to a fair hearing. The breach was so fundamental as to irretrievably prejudice the rights of a defendant. The article might be expressed to refer to . .
Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 13 August 2022; Ref: scu.165883

Dudgeon v The United Kingdom: ECHR 22 Oct 1981

ECHR (Plenary Court) Legislation in Northern Ireland that criminalised homosexual behaviour which was lawful in the rest of the UK.
Held: There was a violation of article 8, but it was not necessary to determine the complaint under article 14, The court acknowledged the necessity in a democratic society for some degree of control to be exercised over homosexual conduct, especially to provide safeguards against the exploitation and corruption of those who are especially vulnerable because they are young. Nevertheless, laws making certain homosexual acts criminal in any event were contrary to the Convention.
Sexual conduct is ‘an essentially private manifestation of the human personality’.
A person’s sexual life was ‘a most intimate aspect’ of private life within the convention. The more intimate the aspects of private life which are being interfered with, the more serious must be the reasons for doing so before the interference can be legitimate.
Judge Matscher, in a dissenting opinion, considered the complaint under article 14, saying: ‘The diversity of internal legislation in a federal state can never, in itself, constitute discrimination, and it is unnecessary to justify it. To claim the contrary would be to mistake totally the very essence of federalism.’

Judges:

R Ryssdal P

Citations:

7525/76, [1981] 4 EHRR 149, [1981] ECHR 5

Links:

Worldlii, Bailii

Statutes:

European Convention on Huma Rights 8 14

Jurisdiction:

Human Rights

Cited by:

Cited – Pay v Lancashire Probation Service EAT 29-Oct-2003
The appellant challenged refusal of his claim for unfair dismissal. A probation officer, he had business interests in fire breathing and bondage merchandising which the service said were incompatible with his duties, and dismissed him. He complained . .
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
See Also – Dudgeon v The United Kingdom ECHR 24-Feb-1983
ECHR Judgment (Just satisfaction) Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings. . .
Cited – Regina v G (Secretary of State for the Home Department intervening) HL 18-Jun-2008
The defendant was fifteen. He was convicted of statutory rape of a 13 year old girl, believing her to be 15. He appealed saying that as an offence of strict liability he had been denied a right to a fair trial, and also that the offence charged was . .
Cited – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
Cited – Pearce v Mayfield School CA 31-Jul-2001
The claimant teacher was a lesbian. She complained that her school in failed to protect her against abuse from pupils for her lesbianism. She appealed against a decision that the acts of the pupils did not amount to discrimination, and that the . .
Cited – Goodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
Cited – AJA and Others v Commissioner of Police for The Metropolis and Others CA 5-Nov-2013
The Court was asked whether the Investigatory Powers Tribunal had the power to investigate whether police officers acrting as undercover agents, and having sexual relations with those they were themselves investigating had infringed the human rights . .
Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime

Updated: 13 August 2022; Ref: scu.164894

McCormick v Fasken Martineau DuMoulin LLP: 22 May 2014

(Supreme Court of Canada) Human rights – Discrimination – Employment – Age – Law firm partnership agreement containing provision relating to retirement at age 65 – Equity partner filing complaint with Human Rights Tribunal arguing provision constituting age discrimination in employment – Whether equity partner engaged in ’employment relationship’ for purposes of Human Rights Code – Whether complaint comes within jurisdiction of Human Rights Tribunal – Human Rights Code, R.S.B.C. 1996, c. 210, ss. 1, 13, 27.
‘Deciding who is in an employment relationship . . means, in essence, examining how two synergetic aspects function in an employment relationship: control exercised by an employer over working conditions and remuneration, and corresponding dependency on the part of a worker. . . The more the work life of individuals is controlled, the greater their dependency and, consequently, their economic, social and psychological vulnerability in the workplace . . ‘

Judges:

McLachlin C.J. and LeBel, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ

Citations:

2014 SCC 39 (CanLII), [2014] 2 SCR 108

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – Uber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Employment, Human Rights, Discrimination

Updated: 13 August 2022; Ref: scu.658679

Magee v United Kingdom: ECHR 6 Jun 2000

The denial of access to a solicitor for a suspect before interrogation was a breach of the right to a fair hearing. The breach was so fundamental as to irretrievably prejudice the rights of a defendant. The article might be expressed to refer to rights at trial, but the exercise of such rights derived from pre-trial activities. The refusal of the court to draw adverse inferences did not repair the damage to his right to a fair trial.
the Court stated: ‘in the constituent parts of the United Kingdom there is not always a uniform approach to legislation in particular areas. Whether or not an individual can assert a right derived from legislation may accordingly depend on the geographical reach of the legislation at issue and the individual’s location at the time. For the Court, in so far as there exists a difference in treatment of detained suspects under the [Northern Irish legislation] and the legislation of England and Wales on the matters referred to by the applicant, that difference is not to be explained in terms of personal characteristics, such as national origin or association with a national minority, but on the geographical location where the individual is arrested and detained. This permits legislation to take account of regional differences and characteristics of an objective and reasonable nature. In the present case, such a difference does not amount to discriminatory treatment within the meaning of article 14 of the Convention.’

Judges:

J-P Costa P

Citations:

Times 20-Jun-2000, 28135/95, [2000] ECHR 216, (2001) 31 EHRR 35

Links:

Bailii

Statutes:

European Convention on Human Rights Art 6

Jurisdiction:

Human Rights

Citing:

Cited – Magee v The United Kingdom ECHR 6-Jun-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-c; No violation of Art. 14+6; Pecuniary damage – finding of violation sufficient; Non-pecuniary damage – finding of violation sufficient; . .

Cited by:

Cited – Ambrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 13 August 2022; Ref: scu.83296

Fenoll v Centre d’aide par le travail La Jouvene: ECJ 12 Jun 2014

ECJ Advocate General’s Opinion – Social policy – Concept of worker – Directive 2003/88/EC -No admitted to a help center by work – Handicapped person – Right to paid annual leave – Charter of Fundamental Rights – temporal application – Direct effect of a Directive – horizontal Dispute

Judges:

Mengozzi AG

Citations:

C-316/13, [2014] EUECJ C-316/13 – O

Links:

Bailii

Statutes:

Directive 2003/88/EC

Jurisdiction:

European

Cited by:

Opinion – Fenoll v Centre d’aide par le travail La Jouvene ECJ 26-Mar-2015
ECJ Preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Article 31, paragraph 2 – Directive 2003/88/EC – Article 7 – Concept of ‘worker’ – Disabled person – Right to paid . .
Cited – Uber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Employment, Human Rights

Updated: 11 August 2022; Ref: scu.526679

BS v Spain: ECHR 24 Jul 2012

A woman who was black and a prostitute established a ground of discrimination contrary to article 14 by reference to the interaction of all three factors

Citations:

47159/08 – CLIN, [2012] ECHR 1904

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination

Updated: 11 August 2022; Ref: scu.465749

BP v The United Kingdom: ECHR 17 Dec 2009

The applicant had been wrongly accused of sexual abuse. The allegations persisted despite absence of evidence and findings to the contrary. He sought damages for the considerable disruption of his life, but his claim failed in the light of authorities saying that a local authority was not liable when pursuing child protection cases. The court posed questions for the parties.

Citations:

29619/08, [2009] ECHR 2180

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Cited by:

Questions – BP v The United Kingdom ECHR 5-Oct-2010
The claimant said that he had been denied a remedy in British law for the damage he suffered when an unreasonable claim of sexual abuse had been persisted with despite findings otherwise.
Held: Friendly settlement on payment of agreed damages . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 August 2022; Ref: scu.392779

Rantsev v Cyprus And Russia: ECHR 7 Jan 2010

A Russian woman, aged 20, had gone to work as an artiste in a cabaret in Cyprus. Three weeks later she was found dead in a street.
Held: The Court upheld her father’s complaint that Cyprus was in breach of article 4 in that its regime for the issue of visas for cabaret artistes had failed to afford effective protection to her against trafficking and that its police had failed properly to investigate events during those weeks which suggested that she was the victim of it.
The act of people trafficking may fall within the scope of the prohibition on servitude contained in Article 4 of the ECHR: ‘There can be no doubt that trafficking threatens the human dignity and fundamental freedoms of its victims and cannot be considered compatible with a democratic society and the values expounded in the Convention. In view of its obligation to interpret the convention in light of present-day conditions, the court considers it unnecessary to identify whether the treatment about which the applicant complains constitutes ‘slavery’, ‘servitude; or ‘forced and compulsory labour’. Instead, the Court concludes that trafficking itself, within the meaning of art.3(a) of the Palermo Protocol and art.4(a) of the Anti-Trafficking Convention, falls within the scope of art.4 of the Convention. The Russian Government’s objection of incompatibility ratione materiae is accordingly dismissed.’

Judges:

Christos Rozakis, P

Citations:

25965/04, [2010] ECHR 22, 28 BHRC 313, [2010] ECHR 22

Links:

Bailii

Statutes:

European Convention on Human Rights 4

Cited by:

Cited – LM and Others v Regina; Regina v M(L), B(M) and G(D) CACD 21-Oct-2010
Each defendant appealed saying that being themselves the victims of people trafficking, the prosecutions had failed to take into account its obligations under the Convention.
Held: Prosecutors had ‘a three-stage exercise of judgment. The first . .
Cited – N, Regina v CACD 20-Feb-2012
The court considered the offence of child trafficking. The defendants had been the victims of such offences and used for managing cannabis production. It was argued that neither defendant should have been prosecuted.
Held: The appeals failed. . .
Cited – Reyes and Another v Al-Malki and Another CA 5-Feb-2015
The claimants wished to make employment law claims alleging, inter alia, that they had suffered racial discrimination and harassment, and had been paid less than the national minimum wage aganst the respondents. They had been assessed as having been . .
Cited – Hounga v Allen and Another SC 30-Jul-2014
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 August 2022; Ref: scu.392726

Johnson, Regina (on The Application of) v Secretary of State for Justice: Admn 18 Dec 2009

The claimant sought judicial review of a decision postponing his Parole Board review beyond a time compliant with his right to review, involving an elapse of 21 months.

Judges:

Langstaff J

Citations:

[2009] EWHC 3336 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Prisons, Human Rights

Updated: 11 August 2022; Ref: scu.384457

Mikayil Mammadov v Azerbaijan: ECHR 17 Dec 2009

The applicant’s wife had set fire to herself during an attempt by police officers to evict the applicant and his family from accommodation that they were occupying.
Held: It was necessary to determine whether ‘this specific situation’ triggered the state’s operational duty ‘that is whether at some point during the course of the operation the state agents became aware or ought to have become aware’ that there was a risk of suicide: ‘in a situation where an individual threatens to take his or her own life in plain view of state agents and, moreover where this threat is an emotional reaction directly induced by the state agents’ actions or demands, the latter should treat this threat with the utmost seriousness as constituting an imminent risk to that individual’s life, regardless of how unexpected that threat might have been.’

Citations:

4762/05, [2009] ECHR 2079

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Rabone and Another v Pennine Care NHS Foundation SC 8-Feb-2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 August 2022; Ref: scu.384345

Denis Vasilyev v Russia: ECHR 17 Dec 2009

The applicant and his friend were seriously assaulted and robbed. Although police officers attended the scene, no investigation into the circumstances of the assault were conducted. The police officers claimed to have considered that the applicant and his friend were intoxicated, so they moved them from the position where they had been found and left them. A number of criminal investigations were subsequently instituted, largely on the initiative of the applicant’s mother. It was decided to suspend the proceedings because the perpetrators could not be identified. This decision was reversed and restored on a number of occasions. The two police officers who had attended the scene were prosecuted for failing to fulfil their legal duty to protect victims of offences. They were acquitted. The applicant did not lay blame on the state authorities for the attack; nor was it suggested that they knew or ought to have known that the applicant was at risk of physical violence at the hands of third parties.
Held: This did not absolve the state from obligations under article 3. What the article required was that ‘the authorities conduct an effective investigation into the alleged ill-treatment even if such treatment has been inflicted by private individuals’. It elaborated on this statement: ‘For the investigation to be regarded as ‘effective’, it should in principle be capable of leading to the establishment of the facts of the case and to the identification and punishment of those responsible. This is not an obligation of result, but one of means. The authorities must have taken the reasonable steps available to them to secure the evidence concerning the incident, including, inter alia, eyewitness testimony, forensic evidence, and so on. Any deficiency in the investigation which undermines its ability to establish the cause of injuries or the identity of the persons responsible will risk falling foul of this standard, and a requirement of promptness and reasonable expedition is implicit in this context (see, among many authorities, Mikheyev v Russia, no 77617/01, para 107 et seq, 26 January 2006, and Assenov and Others v Bulgaria, judgment of 28 October 1998, Reports 1998-VIII, paras 102 et seq).’
There had been a violation of article 3 under its procedural limb in that the investigation into the assault on the applicant was ineffective. He was awarded compensation.

Citations:

32704/04, [2009] ECHR 2078

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 11 August 2022; Ref: scu.384339

Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples.
Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed are not rationally connected to those aims. The appellant is entitled to a declaration that she has been treated in a discriminatory manner, in contravention of her rights under sections 7 and 14 of the Constitution.
This was not direct discrimination on grounds of sexual orientation, because other unmarried couples suffered the same disadvantage. But it was more severe than most cases of indirect discrimination, because the criterion was one which the couple would never be able to meet: ‘Thus it is a form of indirect discrimination which comes as close as it can to direct discrimination’

Judges:

Lord Phillips, Lady Hale, Lord Collins, Sir Jonathan Parker, Sir Henry Brooke

Citations:

[2009] UKPC 52, [2010] UKHRR 144, 28 BHRC 189

Links:

Bailii

Citing:

Cited – Salgueiro Da Silva Mouta v Portugal ECHR 21-Dec-1999
There was a difference in treatment between the applicant and a comparator based on the applicant’s sexual orientation, a concept which is undoubtedly covered by Article 14. The list set out in this provision is of an indicative nature and is not . .
Cited – Korelc v Slovenia ECHR 12-May-2009
‘the Court reiterates that according to its established case law discrimination means treating differently, without an objective and reasonable justification, persons in relevantly similar situations. . . Such a difference of treatment is . .
Cited – Burden and Burden v The United Kingdom ECHR 29-Apr-2008
(Grand Chamber) The claimants were sisters who had lived together all their lives. They complained of discrimination in their treatment under the Inheritance Tax system as opposed to the treatment of a same sex couple living in a sexual . .
Cited – Thlimmenos v Greece ECHR 6-Apr-2000
(Grand Chamber) The applicant was a Jehovah’s Witness who had been convicted of insubordination under the Military Criminal Code for refusing to wear a military uniform at a time of general mobilisation. He was subsequently refused appointment as a . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – Cerisola (A Child) v Attorney General for Gibraltar PC 6-Mar-2008
(Gibraltar) The constitutional protection against discriminatory treatment is free standing, and is not limited to matters of employment. . .
Cited – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Cited – DH v Czech Repiublic ECHR 7-Feb-2006
The claimants, 18 Roma children complained, saying that they had automatically been placed in schools for children with special needs by virtue of their racial origin. . .
Cited – Serife Yigit v Turkey ECHR 20-Jan-2005
A complaint as to the privileging of civil over religious marriages in Turkey was found admissible.
‘ the essential object of Article 8 is to protect the individual against arbitrary interference by the public authorities. There may in addition . .
Cited – EB v France ECHR 14-Mar-2007
A homosexual woman complained that she had not been allowed to adopt a child. Her application was rejected by the French administrative court on grounds based substantially upon her sexual orientation.
Held: The provision was an unlawful . .
Cited – Secretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Cited – Lindsay v United Kingdom ECHR 1986
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. . .
Cited – PM v The United Kingdom ECHR 19-Jul-2005
A father complained that tax deductions which were granted to married fathers but not to unmarried fathers were discriminatory. He had paid maintenance for his daughter, but was not allowed to set the payments off against his income tax in the way . .
Cited – Shackell v United Kingdom ECHR 27-Apr-2000
The court held inadmissible a claim by an unmarried woman to widow’s benefit. The parties having chosen not to marry, they could not complain of not having the legal benefits of a marriage. The promotion of marriage by way of limited benefits for . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – McMichael v United Kingdom ECHR 2-Mar-1995
In the course of care proceedings, medical and social services’ reports were disclosed to the courts, but not to the parents involved.
Held: The courts’ failure to show reports to the parents in care proceedings was a breach of the Convention. . .
Cited – Karner v Austria ECHR 24-Jul-2003
A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of . .
Cited – Ghaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .

Cited by:

Cited – Bull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Human Rights, Housing, Constitutional, Discrimination

Updated: 11 August 2022; Ref: scu.384074