Category: Human Rights

Church of Scientology v Sweden: ECHR 5 May 1979

Article 9-1. A church, as such, is capable of exercising the rights contained in Article 9 (New jurisprudence).
The freedom to manifest religious belief in practice dows not confer protection on statements of purported religious belief which are nonetheless of a commercial nature. Dostinction between advertisements which are merely ‘informational’ and those of a commercial character.

Citations:

7805/77, [1979] ECHR 9

Links:

Bailii

Statutes:

European Convention on Human Rights

Human Rights, Media, Ecclesiastical

Updated: 24 July 2022; Ref: scu.341522

Panovits v Cyprus: ECHR 11 Dec 2008

The Court was asked as to the questioning of a child when the child had gone to the police station with his father, as requested by the police, and was thereafter arrested. The applicant complained, in particular, about the fairness of criminal proceedings at the pre-trial stage and before the domestic courts.
Held: ‘the concept of fairness enshrined in Article 6 requires that the accused be given the benefit of the assistance of a lawyer already at the initial stages of police interrogation’

Judges:

Christos Rozakis, President

Citations:

4268/04, [2008] ECHR 1688

Links:

Bailii

Statutes:

European Convention on Human Rights 6

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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 24 July 2022; Ref: scu.341455

KRS v The United Kingdom: ECHR 2 Dec 2008

Admissibility – The applicant’s claim for asylum had failed, and he challeged the decision to return him to Greece, the point of entry to the EU, saying that he would be at risk if so returned.
Held: The United Kingdom would not breach its obligations under Article 3 of the Convention by removing the applicant to Greece.

Judges:

Lech Garlicki, P

Citations:

32733/08, [2008] ECHR 1781, (2009) 48 EHRR SE8

Links:

Bailii

Statutes:

European Convention on Human Rights 3

Citing:

Cited – Secretary of State for the Home Department v JN CA 14-May-2008
The Secretary of State appealed against a declaration that paragraph 3(2)(b) of Part 2 of Schedule 3 to the 2004 Act was incompatible with Article 3. The clause was said to restrict the Home Secretary from considering anything beyond the country . .

Cited by:

Cited – Secretary of State for the Home Department v Nasseri HL 6-May-2009
The applicant had claimed asylum after fleeing Afghanistan to Greece and then to the UK. On the failure of his application, he would be returned to Greece, but objected that he would thence be returned to Afghanistan where his human rights would be . .
Cited – EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department SC 19-Feb-2014
SSHD must examine safety of country for return
The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 24 July 2022; Ref: scu.341414

Khurshid Mustafa And Tarzibachi v Sweden: ECHR 16 Dec 2008

Citations:

23883/06, [2008] ECHR 1710

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Khurshid Mustafa And Tarzibachi v Sweden ECHR 8-Jun-2011
The Strasbourg court considered a claim by applicants who had been evicted by a court order at the suit of their landlords, who had determined their tenancy for installing a satellite dish in breach of covenant.
Held: This infringed the . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 24 July 2022; Ref: scu.341409

Dennis Andrew Nilsen v United Kingdom: ECHR 27 Nov 2008

Citations:

36882/05, [2008] ECHR 1664

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

See Also – Nilsen v United Kingdom ECHR 9-Mar-2010
The applicant had been convicted of the most serious offences including several violent murders, and was held under a whole life tarriff. He wished to publish his autobiography from prison.
Held: The application was inadmissible. He had . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons, Media

Updated: 24 July 2022; Ref: scu.341276

Emohare v Thames Magistrates Court: Admn 12 Mar 2009

The circumstances that lead to a defendant losing his entitlement to a defendant’s costs order if he is successful in his defence are narrow, to reflect the need to respect the presumption of innocence at common law and under Article 6 of the European Convention on Human Rights

Citations:

[2009] EWHC 689 (Admin)

Links:

Bailii

Cited by:

Cited – Newcombe v Crown Prosecution Service Admn 20-Jun-2013
The applicant had been charged with assault. On the day of the trial, the prosecution offered no evidence. The magistrate awarded costs from central funds, but limited it to the day of the hearing. The applicant appealed by case stated.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Costs, Human Rights

Updated: 24 July 2022; Ref: scu.341179

Tarsasag A Szabadsagjogokert v Hungary: ECHR 13 Nov 2008

The Hungarian Civil Liberties Union sought access to details of a legal challenge filed by a Hungarian parliamentarian in the Hungarian Constitutional Court concerning the constitutionality of legislative amendments to the Hungarian Criminal Code. The Union contended that the refusal of the Constitutional Court to grant it access to the documents was a violation of Article 10. The Government accepted that there had been an interference with the Union’s Article 10 rights.

Citations:

37374/05, [2008] ECHR 1606

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Cited by:

Cited – A v Independent News and Media Ltd and Others CA 31-Mar-2010
The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the . .
See also – Tarsasag A Szabadsagjogokert v Hungary ECHR 14-Apr-2009
The court upheld a complaint by the Hungarian Civil Liberties Union that, contrary to article 10, it had been refused access to details of a complaint in connection with drugs policy on the basis that details of the complaint could not be released, . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Cited – Youth Initiative For Human Rights v Serbia ECHR 25-Jun-2013
The Court heard of a refusal by the Serbian intelligence agency to provide the complainant with information as to how many people had been the subject of electronic surveillance by the agency. The Serbian Information Commissioner – whose role was to . .
Cited – Osterreichische Vereinigung Zur Erhaltung, v Austria ECHR 28-Nov-2013
ECHR Article 10-1
Freedom to impart information
Freedom to receive information
Refusal by regional authority to provide copy of its decisions to an association wishing to study the impact of . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 24 July 2022; Ref: scu.334616

Taliadorou And Stylianou v Cyprus: ECHR 16 Oct 2008

One of the functions of article 6(2) is to protect an acquitted person’s reputation from statements or acts that follow an acquittal which would seem to undermine it.

Citations:

39627/05, [2008] ECHR 1088, 39631/05

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Adams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Defamation

Updated: 24 July 2022; Ref: scu.276969

Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006

JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She asserted that his retention in care was an unlawful detention.

Judges:

Munby J

Citations:

[2006] EWHC 3459 (Fam), (2007) 10 CCL Rep 149, [2008] Fam Law 118, [2007] MHLR 39, [2007] 2 FLR 1150

Links:

Bailii

Statutes:

Human Rights Act 1998 7, European Convention on Human Rights 5 8

Jurisdiction:

England and Wales

Citing:

Cited – Guzzardi v Italy ECHR 6-Nov-1980
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently . .
Cited – Ashingdane v The United Kingdom ECHR 28-May-1985
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place . .
Cited – Nielsen v Denmark ECHR 28-Nov-1988
The applicant, a minor, complained about his committal to a child psychiatric ward of a state hospital at his mother’s request. The question was whether this was a deprivation of his liberty in violation of article 5. The applicant said that it was, . .
Cited – In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L HL 25-Jun-1998
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have . .
Cited – Regina v Bournewood Community and Mental Health NHS Trust ex parte Rosling, (By Official Solicitor His Litigation Friend) Admn 8-Jul-1999
. .
Cited – Storck v Germany ECHR 16-Jun-2005
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected ( res iudicata ); Violation of Art. 5-1 (placement in private clinic from 1977 to 1979); No separate issue under Arts. 5-4 and 5-5; No . .
Cited – HL v United Kingdom ECHR 2004
Lack of Patient Safeguards was Infringement
The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further . .
Cited – HM v Switzerland ECHR 26-Feb-2002
. .

Cited by:

Cited – In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult) FD 9-Mar-2007
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for . .
Applied – GJ v The Foundation Trust and Another FD 20-Nov-2009
The statutory provisions of the 2007 Act for review of standard authorisations were matters that the Court of Protection should take into account in determining whether it should make an order authorising the deprivation of P’s liberty, and if so . .
Cited – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 24 July 2022; Ref: scu.249183

Salduz v Turkey: ECHR 26 Apr 2007

The applicant complained that he had been arrested and detained by anti-terrorist police. At his trial evidence of his statement was challenged on the basis that it had been extracted from him under duress and that he had not had access to a lawyer.

Citations:

36391/02, [2007] ECHR 332

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Salduz v Turkey ECHR 27-Nov-2008
(Grand Chamber) The applicant had been taken into custody before he was interrogated during his detention by police officers of the anti-terrorism branch of the Izmir Security Directorate.
Held: There had been a violation of art 6(3)(c) of the . .
Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 24 July 2022; Ref: scu.251698

Rogers, Regina (on the Application of) v Secretary of State for Health: Admn 15 Feb 2006

The claimant suffered breast cancer. She sought treatment from the defendant with a drug called Herceptin, and now sought judicial review of the refusal of such treatment. Various stages in the licensing of the drug were yet to be completed. It was said that the policy of only providing Herceptin in exceptional cases only was unlawful as arbitrary.
Held: The Authority had made it clear that cost was not the issue. Some authorities had decided to fund all women in the eligible group: ‘Many people will think that the more generous policy of authorities such as those listed . . . above is a better one than Swindon’s. Which is the better policy is a matter for political debate, but it is not an issue for a judge. The question for me is whether Swindon’s policy is irrational and thus unlawful. I cannot say that it is. ‘ It had not been shown that the policy was contrary to any guidance, nor was it unlawful under English or human rights law.

Judges:

Bean J

Citations:

[2006] EWHC 171 (Admin)

Links:

Bailii

Statutes:

National Health Service Act 1977 1 2 3

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for Social Services ex parte Hincks 1980
The respondent’s duties under s3 of the 177 Act are not absolute. . .
Cited – Regina v North Derbyshire Health Authority ex parte Kenneth Graeme Fisher Admn 11-Jul-1997
The court considered the duty of the authority to take account of guidance issued by the Secretary of State: ‘If the circular provided no more than guidance, albeit in strong terms, then the only duty placed upon health authorities was to take it . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Regina v Cambridge and Huntingdon Health Committee Ex Parte B CA 10-Mar-1995
A decision by a Health Authority to withhold treatment for a patient could be properly so made. It was not ordinarily to be a matter for lawyers. A Health Authority’s withholding of treatment, which might not be in a child’s simple best interests . .
Cited – North West Lancashire Health Authority v A D and G CA 29-Jul-1999
A decision not to fund gender re-assignment surgery was operated as a blanket policy without proper regard for individual cases and so was unlawful as an effective fetter on the discretion which the Health Authority was obliged to exercise. A lawful . .
Cited – In Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
Cited – Sharp v Wakefield HL 1891
Lord Halsbury LC considered the power of the duty of magistrates to consider the wants or needs of the neighbourhood and the nature of discretion: ‘discretion means, when it is said that something is to be done within the discretion of the . .
Cited – British Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
Cited – Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
Cited – Nitecki v Poland ECHR 21-Mar-2002
The applicant was an elderly man suffering from a life-threatening condition known as amyotrophic lateral sclerosis (ALS). He was prescribed the drug Rilutek to treat the disease but could not afford to pay for it.
Held: His complaints to the . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights, Administrative

Updated: 24 July 2022; Ref: scu.238528