Tag: Human Rights

Carson and Others v The United Kingdom: ECHR 16 Mar 2010

(Grand Chamber) The court ruled admissible claims against the United Kingdom by 13 persons entitled to British State pensions for violation of article 14 of the Convention in combination with article 1 of the First Protocol. All the claimants had earned pensions by working in Britain, but had emigrated to South Africa, Australia or Canada on retirement. They were all British nationals, though one remained an Australian national. Each claimed discrimination in that their pensions were not linked to United Kingdom inflation, in contrast to the position of pensioners who had remained resident within the United Kingdom. They claimed that the rule violated article 14 taken in conjunction with article 1 of Protocol 1 to the Convention. The Grand Chamber concluded ‘that place of residence constitutes an aspect of personal status for the purposes of article 14’ but, in the event, it proceeded to reject the applications.
‘In order for an issue to arise under article 14 there must be a difference in the treatment of persons in analogous, or relevantly similar, situations. Such a difference of treatment is discriminatory if it has no objective and reasonable justification; in other words, if it does not pursue a legitimate aim or if there is not a reasonable relationship of proportionality between the means employed and the aim sought to be realised.’
and: ‘as with all complaints of alleged discrimination in a welfare or pensions system, it is concerned with the compatibility with article 14 of the system, not with the individual facts or circumstances of the particular applicants or of others who are or might be affected by the legislation. Much is made in the applicants’ submissions and in those of the third-party intervener of the extreme financial hardship which may result from the policy . . However, the court is not in a position to make an assessment of the effects, if any, on the many thousands in the same position as the applicants and nor should it try to do so. Any welfare system, to be workable, may have to use broad categorisations to distinguish between different groups in need . . the court’s role is to determine the question of principle, namely whether the legislation as such unlawfully discriminates between persons who are in an analogous situation.’

Citations:

[2010] ECHR 338, 42184/05, (2010) 51 EHRR 13, 29 BHRC 22

Links:

Bailii

Statutes:

European Convention on Human Rights 14

Jurisdiction:

Human Rights

Citing:

See Also – Carson and Others v The United Kingdom ECHR 4-Nov-2008
(Grand Chamber) Pensioners who had moved abroad complained that they had been excluded from the index-linked uprating of pensions given to pensioners living in England.
Held: This was not an infringement of their human rights. Differences in . .
See Also – Carson and Others v United Kingdom ECHR 2-Sep-2009
Press Release . .
See Also – Carson v United Kingdom ECHR 2-Sep-2009
Press Release – Grand Chamber Hearing broadcast . .

Cited by:

Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Humphreys v Revenue and Customs SC 16-May-2012
Separated parents shared the care of their child. The father complained that all the Child Tax Credit was given to the mother.
Held: The appeal failed. Although the rule does happen to be indirectly discriminatory against fathers, the . .
Cited – T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
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 . .
Cited – Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care Admn 23-Sep-2021
Foetus has no Established Human Rights
The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the . .
Cited – DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-May-2019
Several lone parents challenged the benefits cap, saying that it was discriminatory.
Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to . .
Cited – The Department for Communities v Cox CANI 3-Aug-2021
The claimant suffered a life limiting condition, but not so that her death could be reasonably expected within six months. She complained that the resulting unavailability of PIP and UC without assessment was discriminatory as opposed to those who . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination

Leading Case

Updated: 15 April 2022; Ref: scu.420210

Ministerio Fiscal – C-207/16: ECJ 3 May 2018

Electronic Communications – Processing of Personal Data – Opinion – Reference for a preliminary ruling – Electronic communications – Processing of personal data – Right to private life and right to protection of personal data – Directive 2002/58/EC – Article 1 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7 and 8 and Article 52(1) – Data collected in the context of the provision of electronic communications services – Request for access by a police authority for the purposes of a criminal investigation – Principle of proportionality – Concept of ‘serious crime’ capable of justifying an interference with fundamental rights – Criteria of seriousness – Penalty incurred – Minimum threshold

Citations:

ECLI:EU:C:2018:300, [2018] EUECJ C-207/16 – O

Links:

Bailii

Jurisdiction:

European

Human Rights, Information

Updated: 14 April 2022; Ref: scu.609515

MP (Protection Subsidiaire D’Une Victime De Tortures Passees): ECJ 24 Apr 2018

ECJ Area of Freedom, Security and Justice – Judgment – Reference for a preliminary ruling – Asylum policy – Charter of Fundamental Rights of the European Union – Article 4 – Directive 2004/83/EC – Article 2(e) – Eligibility for subsidiary protection – Article 15(b) – Risk of serious harm to the psychological health of the applicant if returned to the country of origin – Person who has been tortured in the country of origin

Citations:

[2018] WLR(D) 249, [2018] EUECJ C-353/16, ECLI:EU:C:2018:276

Links:

Bailii, WLRD

Jurisdiction:

European

Immigration, Human Rights

Updated: 14 April 2022; Ref: scu.609319

Angirov And Others v Russia: ECHR 17 Apr 2018

ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee
ECHR Judgment : Article 10 – Freedom of expression-{general} : Third Section Committee

Citations:

30395/06, [2018] ECHR 348, [2018] ECHR 804

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights

Updated: 13 April 2022; Ref: scu.609116

Egenberger v Evangelisches Werk fur Diakonie und Entwicklung eV: ECJ 17 Apr 2018

ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2000/78 / EC – Equal treatment – Differential treatment based on religion or belief – Professional activities of churches or other organizations whose ethics are based on religion or beliefs beliefs – Religion or belief constituting an essential, legitimate and justified professional requirement with regard to the ethics of the organization – Concept – Nature of activities and context in which they are exercised – Article 17 TFEU – Articles 10, 21 and 47 of the Charter of Fundamental Rights of the European Union

Citations:

ECLI: EU: C: 2018: 257, [2018] EUECJ C-414/16

Links:

Bailii

Statutes:

Charter of Fundamental Rights of the European Union

Jurisdiction:

European

Human Rights

Updated: 13 April 2022; Ref: scu.609053

Brevan Howard Asset Management Llp v Reuters Ltd and Another: CA 7 Jul 2017

Application for an injunction to restrain publication in the media of confidential business information pending trial.

Judges:

Sir Terence Etherton, MR, Longmore, Sharp LJJ

Citations:

[2017] EWCA Civ 950

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

England and Wales

Media, Information, Human Rights

Updated: 13 April 2022; Ref: scu.588987

Secretary of State for Trade and Industry v Crane and Another: ChD 4 Jun 2001

Outside of any statutory limitations, there was nothing to prevent a prosecutor making use of helpful ideas disclosed in civil proceedings in his case against a defendant. Questions about a defendant’s right of silence in criminal proceedings did not apply in civil matters. Judges in either court had powers to control their proceedings to prevent unfairness, but the purposes of the civil court could not be delayed indefinitely because of a risk that the defendant might be prejudiced in later criminal proceedings.

Citations:

Times 04-Jun-2001, Gazette 07-Jun-2001

Statutes:

Company Directors Disqualification Act 1986 20

Jurisdiction:

England and Wales

Company, Human Rights, Criminal Practice

Updated: 13 April 2022; Ref: scu.89129

Belhaj and Others v Security Service and Others: IPT 18 Nov 2014

Judges:

Burton J P

Citations:

[2014] UKIPTrib 13 – 132-9H – 2

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

See Also – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 12 April 2022; Ref: scu.539998

Wasa Liv Omsesidigt v Sweden: ECHR 14 Dec 1988

Commission

Judges:

CA Norgaard P

Citations:

13013/87

Jurisdiction:

Human Rights

Cited by:

Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Insurance

Updated: 12 April 2022; Ref: scu.448067

Cheshire West and Chester Council v P and Another: COP 14 Jun 2011

The patient, an adult without capacity and with Down’s syndrome and cerebral palsy complained of his treatment, when in order to prevent his habit of eating his nappy, they dressed him in an adult babygrow costume. The court was asked whether the circumstances in which a man who lacks capacity amount to a deprivation of liberty.
Held: The circumstances of P’s life at Z House, and the provision of care and support as set out in the amended care plan, amount to a deprivation of liberty within the meaning of Article 5 of ECHR and the Mental Capacity Act 2005.
Baker J described the general process of the Court of Protection: ‘The processes of the Court of Protection are essentially inquisitorial rather than adversarial. In other words, the ambit of the litigation is determined, not by the parties, but by the court, because the function of the court is not to determine in a disinterested way a dispute brought to it by the parties, but rather, to engage in a process of assessing whether an adult is lacking in capacity, and if so, making decisions about his welfare that are in his best interests.’

Judges:

Baker J

Citations:

[2011] EWHC 1330 (Fam), [2011] EWHC 1330 (COP), [2011] EWCOP 1330

Links:

Bailii, Bailii

Statutes:

Mental Capacity Act 2005

Jurisdiction:

England and Wales

Cited by:

Appeal From – Cheshire West and Chester Council v P CA 9-Nov-2011
The claimant, a disabled adult with cerebral palsy and Downs, asserted that the care plan set out in an order of the Court of Protection involved a contravention of his human rights since it involved a deprivation of his liberty. He was incontinent . .
See Also – Cheshire West and Chester Council v P CA 18-Nov-2011
. .
See Also – P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar SC 19-Mar-2014
Deprivation of Liberty
P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult . .
Cited – AMDC v AG and Another CoP 18-Nov-2020
Guidance for Expert Witnesses on Capacity
The court was asked as to the preparation and use of expert reports as to the capacity of a patient litigant.
Held: Poole J discussed what was need of expert witness in such cases: ‘it will benefit the court if the expert bears in mind the . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights, Torts – Other

Updated: 12 April 2022; Ref: scu.445032

Practice Direction (Family Proceedings: Committal): 2001

Citations:

[2001] 1 WLR 1253

Jurisdiction:

England and Wales

Cited by:

Cited – In re G (a Child) (Contempt: Committal) CA 10-Apr-2003
The appellant had been made subject to a suspended committal to prison. He was involved with children proceedings, and had published details on the Internet which would make the social worker traceable.
Held: Where a contempt was not committed . .
Cited – Hammerton v Hammerton CA 23-Mar-2007
The husband appealed against his committal for contempt of a court order in family proceedings. The court had heard the wife’s application for his committal at the same time as his application for contact with the children.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Family, Human Rights, Contempt of Court

Updated: 12 April 2022; Ref: scu.250481

Secretary of State for the Home Department v MB: QBD 12 Apr 2006

The claimant complained at the control order by which restrictions were imposed on him as a suspected terrorist.
Held: The new provisions were declared incompatible with the applicant’s human rights. The procedures purported to allow judicial oversight of control orders. In practice that oversight was so limited as to be make the system an affront to justice. In this case the order itself was continued.

Judges:

Sullivan J

Citations:

Times 12-Apr-2006

Jurisdiction:

England and Wales

Cited by:

Appeal from – Secretary of State for the Home Department v MB CA 1-Aug-2006
The Secretary of State appealed a declaration that the restrictions imposed on the complainant under the 2005 Act were an infringement of his human rights, and a declaration of incompatibility as regards section 3.
Held: The appeal succeeded. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 12 April 2022; Ref: scu.240430

Dhoest v Belgium: ECHR 14 May 1987

The Commission considered the conditions of detention in solitary confinement in a mental institution.
Held: In assessing whether a measure may fall within the ambit of article 3 in a given case, regard must be had to the particular conditions, the stringency of the measure, its duration, the objective pursued and its effects on the person concerned.

Citations:

10448/83

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 12 April 2022; Ref: scu.231145

Erikson v Italy: ECHR 26 Oct 1999

The court described part of the state’s obligation under article 2 as including ‘the obligation to establish an effective judicial system for establishing the cause of a death which occurs in hospital and any liability on the part of the medical practitioners concerned.’ The court held the application inadmissible on the ground that the authorities had carried out a thorough investigation into the events and it was open to the applicant to bring an action for negligence against the hospital.

Citations:

37900/97

Statutes:

European Convention on Human Rights 2

Jurisdiction:

Human Rights

Cited by:

Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – Sieminska v Poland ECHR 29-Mar-2001
The applicant’s husband died in hospital, but she later complained that the ambulance had not been equipped with the necessary resuscitation devices. Under Polish law she had a right to appeal against decisions of the prosecuting authorities not to . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 12 April 2022; Ref: scu.235495

Rothenthurm Commune v Switzerland: ECHR 14 Dec 1988

Local government organisations such as the applicant commune exercising public functions are ‘governmental organisations’ as opposed to ‘non-governmental organisations’ within the meaning of article 25 of the Convention, with the result that the commune which was complaining that proceedings for the expropriation of land for a military training area were in breach of their rights under article 6(1) could not bring an application under that article.

Citations:

13252/87

Jurisdiction:

Human Rights

Cited by:

Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 12 April 2022; Ref: scu.184042

T P and K M v United Kingdom: ECHR 31 May 2001

A failure by a local authority to disclose a video tape of an interview deprived the applicant of their right to a fair trial in court proceedings. A child had been placed in care despite when, being interviewed, she had exculpated a relevant member of the household. By refusing to allow access to the tape or a transcript, the mother had not had adequate opportunity to become involved in the decision making process, in breach of the right to family life under article 8. The family had also been denied an adequate remedy on the courts, in that compensation was not available for the failure.

Citations:

Times 31-May-2001

Statutes:

European Convention on Human Rights

Children, Human Rights

Updated: 10 April 2022; Ref: scu.89674