Search Results for: European Convention on Human Rights 10 8

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Dzankovic v Germany: ECHR 8 Dec 2009

The applicant complained that his request for his chosen representative to be designated official defence counsel had been refused. Held: The interests of justice did not require that the applicant’s chosen counsel be appointed official defence counsel. The application was declared inadmissible. The applicant was still represented by the same counsel whom he wished to … Continue reading Dzankovic v Germany: ECHR 8 Dec 2009

Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982

Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the requirements of article 6(1), or they do not so comply but are subject to subsequent control by a judicial body which … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 18 Oct 1982

Morahan, Rex (on The Application of) v His Majesty’s Assistant Coroner for West London: CA 28 Oct 2022

Whether the coroner was correct to conclude that the circumstances of the death of Tanya Morahan shortly after 3 July 2018 do not call for an inquest which complies with the procedural obligation imposed by article 2 of the European Convention on Human Rights (‘the Convention’). Judges: The Lord Burnett of Maldon, Lord Chief Justice … Continue reading Morahan, Rex (on The Application of) v His Majesty’s Assistant Coroner for West London: CA 28 Oct 2022

Jehovah’s Witnesses of Moscow v Russia: ECHR 10 Jun 2010

When considering the treatment of the religious community of Jehovah’s Witnesses in Moscow, the European Court of Human Rights said: ‘The Court further reiterates that the state’s duty of neutrality and impartiality prohibits it from assessing the legitimacy of religious beliefs or the ways in which those beliefs are expressed or manifested. Accordingly, the state … Continue reading Jehovah’s Witnesses of Moscow v Russia: ECHR 10 Jun 2010

Smith v The Assistant Deputy Coroner for Oxfordshire: Admn 11 Apr 2008

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

Schalk and Kopf v Austria: ECHR 22 Nov 2010

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

Schalk and Kopf v Austria: ECHR 24 Jun 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

Schalk and Kopf v Austria: ECHR 16 Feb 2010

The applicants, same sex partners, complained of the refusal of their request to be married, saying that the legal impossibility for them to get married constituted a violation of their right to respect for private and family life and of the principle of non-discrimination. Citations: 30141/04, [2010] ECHR 218 Links: Bailii Statutes: European Convention on … Continue reading Schalk and Kopf v Austria: ECHR 16 Feb 2010

Rees v The United Kingdom: ECHR 17 Oct 1986

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

Kavala v Turkey: ECHR 10 Dec 2019

ECHR Judgment : Right to liberty and security : Second Section ECHR Judgment : Grand Chamber Citations: 28749/18, [2019] ECHR 898, [2022] ECHR 579 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 October 2022; Ref: scu.646762

Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014

X suffered both severe anorexia and alcoholism. She had in the past been repeatedly and compulsorily admitted to hospital for treatment, but her doctors considered that whilst this might be life extending treatment it had proved ineffective and unethical. They sought a declaration that they may not be obliged to offer the treatment again. The … Continue reading A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014

Nadtoka v Russia (No 2): ECHR 8 Oct 2019

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section ECHR Judgment : Non-pecuniary damage – award : Third Section Citations: 29097/08, [2019] ECHR 686, [2020] ECHR 665 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 October 2022; Ref: scu.646643

Drelon v France: ECHR 8 Sep 2022

ECHR Judgment : Remainder inadmissible : Fifth Section Citations: 3153/16, [2022] ECHR 673 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681012

J.I v Croatia: ECHR 8 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : First Section Citations: 35898/16, [2022] ECHR 670 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681018

P.H v Slovakia: ECHR 8 Sep 2022

ECHR Judgment : Preliminary objection joined to merits and dismissed : First Section Citations: 37574/19, [2022] ECHR 671 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681023

Jansons v Latvia: ECHR 8 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 1434/14, [2022] ECHR 672 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681017