Tag: Human Rights

Editions Plon (Societe) v France: ECHR 15 Sep 2010

The case concerns the banning of distribution, in January 1996, of the book ‘Le Grand Secret’, co-authored by a journalist and President Mitterrand’s personal physician. The book was published by the applicant company nine days after the President’s death. It disclosed that the President had been suffering from cancer, diagnosed as early as 1981 some months after he was first elected President of the French Republic.
After the President’s widow and children had applied for an injunction, the civil courts prohibited the distribution of the book, at first provisionally following the application, then permanently. After finding that both prohibitive measures had been in accordance with the law and pursued legitimate aims within the meaning of Article 10, the European Court noted that the injunction granted as a strictly temporary protective measure could be deemed necessary in a democratic society to protect the rights of the President and his heirs. It held, however, that the absolute permanent ban ordered by the trial and appeal courts no longer met a ‘pressing social need’ and was therefore disproportionate to the aims pursued (violation of Article 10).

Citations:

[2010] ECHR 1433

Links:

Bailii

Cited by:

Cited – PJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 13 September 2022; Ref: scu.440175

Greens and Others, Re Application for Judicial Review: SCS 12 May 2011

Citations:

[2011] ScotCS CSOH – 79

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Greens v The United Kingdom ECHR 23-Nov-2010
The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences.
Held: Where one of its judgments raises issues of general public importance and sensitivity, in . .
See Also – Greens v Her Majesty’s Advocate HCJ 12-Sep-2007
The defendant appealed against his sentence of seventeen years’ imprisonment for a violent rape. . .
See Also – Robert W Greens v The United Kingdom ECHR 27-Aug-2009
. .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 12 September 2022; Ref: scu.439690

Mosley v The United Kingdom: ECHR 10 May 2011

The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more serious journalism. In such cases, ‘freedom of expression requires a more narrow interpretation’ and ‘The Court observes at the outset that this is not a case where there are no measures in place to ensure protection of Article 8 rights. A system of self-regulation of the press has been established in the United Kingdom, with guidance provided in the Editors’ Code and Codebook and oversight of journalists’ and editors’ conduct by the PCC . . This system reflects the 1970 declaration, the 1998 resolution and the 2008 resolution of the Parliamentary Assembly of the Council of Europe . . While the PCC itself has no power to award damages, an individual may commence civil proceedings in respect of any alleged violation of the right to respect for private life which, if successful, can lead to a damages award in his favour. In the applicant’s case, for example, the newspaper was required to pay GBP 60,000 damages, approximately GBP 420,000 in respect of the applicant’s costs and an unspecified sum in respect of its own legal costs in defending the claim. The Court is of the view that such awards can reasonably be expected to have a salutary effect on journalistic practices. Further, if an individual is aware of a pending publication relating to his private life, he is entitled to seek an interim injunction preventing publication of the material. Again, the Court notes that the availability of civil proceedings and interim injunctions is fully in line with the provisions of the Parliamentary Assembly’s 1998 resolution (see paragraph 58 above). Further protection for individuals is provided by the Data Protection Act 1998, which sets out the right to have unlawfully collected or inaccurate data destroyed or rectified . . The Court, like the Parliamentary Assembly, recognises that the private lives of those in the public eye have become a highly lucrative commodity for certain sectors of the media . . The publication of news about such persons contributes to the variety of information available to the public and, although generally for the purposes of entertainment rather than education, undoubtedly benefits from the protection of Article 10. However, as noted above, such protection may cede to the requirements of Article 8 where the information at stake is of a private and intimate nature and there is no public interest in its dissemination.’

Judges:

Lech Garlicki, P

Citations:

[2011] ECHR 774, 48009/08, [2012] EMLR 1, [2012] 1 FCR 99, (2011) 31 BHRC 409, (2011) 53 EHRR 30

Links:

Bailii

Statutes:

European Convention on Human Rights 8 10, Rehabilitation of Offenders Act 1974

Jurisdiction:

Human Rights

Citing:

See Also – Mosley v The United Kingdom ECHR 22-Oct-2009
. .
See Also – Mosley v News Group Newspapers Ltd QBD 9-Apr-2008
The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. . .
See Also – Mosley v News Group Newspapers Ltd Admn 1-Jul-2008
The claimant the son of a former fascist leader, sought damages for breach of confidence and a right to a private life after the defendant newspaper published stories alleging that his involvement with prostitutes had included nazi rituals. The . .
See Also – 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 by:

Cited – CTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
Cited – TSE and ELP v News Group Newspapers Ltd QBD 23-May-2011
The claimants had obtained an injunction preventing publication of details of their private lives and against being publicly named. The newspaper had not attempted to raise any public interest defence. Various publications had taken place to breach . .
Cited – Goodwin v NGN Ltd and VBN QBD 9-Jun-2011
The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards . .
Cited – Ferdinand v MGN Limited QBD 29-Sep-2011
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and . .
Cited – T, Regina (on The Application of) v Greater Manchester Police and Another Admn 9-Feb-2012
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to . .
Cited – Seckerson and Times Newspapers Ltd v The United Kingdom ECHR 24-Jan-2012
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been . .
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 – PJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Media

Updated: 12 September 2022; Ref: scu.439624

HH, Regina (on The Application of) v City of Westminster Magistrates Court: Admn 11 May 2011

The defendant appealed against her extradition under a European Arrest Warrant, saying that an order would be a disproportionate interference in her, and family’s, human rights to a family life.

Citations:

[2011] EWHC 1145 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 8, Extradition Act 2003 14

Cited by:

Appeal from – HH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights

Updated: 12 September 2022; Ref: scu.439665

Radunovic And Others v Montenegro: ECHR 25 Oct 2016

Citations:

45197/13 (Judgment (Merits and Just Satisfaction) : Court (Second Section)), [2016] ECHR 936

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs SC 18-Oct-2017
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 07 September 2022; Ref: scu.570495

Wallishauser v Austria (No 2): ECHR 20 Jun 2013

Citations:

14497/06 – Chamber Judgment, [2013] ECHR 565

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs SC 18-Oct-2017
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 07 September 2022; Ref: scu.510991

H and L v A City Council: CA 14 Apr 2011

The court was asked when and how it is proper for a local authority to make disclosure to someone’s commercial contacts of the fact that he is a convicted sex offender.
Held: Where human rights are involved, the appropriate standard of review which the court must adopt is not the Wednesbury test of irrationality but the more intense Daly standard.

Citations:

[2011] EWCA Civ 403

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – E and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .
Lists of cited by and citing cases may be incomplete.

Local Government, Human Rights, Administrative

Updated: 06 September 2022; Ref: scu.432813

Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017

The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability infringed their human rights in Convention and EU law. The Foreign Secretary, on behalf of the embassies now appealed a finding that the provision was an infringement of the workers’ human rights.
Held: The appeals failed.

Judges:

Lord Neuberger, Lady Hale, Lord Clarke, Lord Wilson, Lord Sumption

Citations:

[2017] UKSC 62, [2017] 3 WLR 957, [2017] WLR(D) 691, UKSC 2015/0063

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary video, SC Video * Jun 17 pm, SC Vid 6/6/17 pm, SC Vid 7/6/17 am, SC Vid 7/6/17 pm, SC Vid 8/6/17 am

Statutes:

State Immunity Act 1978, European Union Charter of Fundamental Rights, European Convention on Human Rights, Working Time Regulations 1998

Jurisdiction:

England and Wales

Citing:

At EAT – Benkharbouche v Embassy of The Republic of Sudan (Jurisdictional Points : State Immunity) EAT 4-Oct-2013
EAT STATE IMMUNITY
A cook at the Sudanese embassy, and a member of the domestic staff of the Libyan embassy, both made claims arising out of their employment. They were met with pleas of State Immunity, . .
At CA – Benkharbouche and Another v Embassy of The Republic of Sudan CA 5-Feb-2015
The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human . .
Cited – Compania Naviera Vascongado v Steamship ‘Cristina’ HL 1938
A state-owned ship that was used for public purposes could not be made the subject of proceedings in rem. Lord Atkin described the absolute immunity of a sovereign of a foreign state within this jurisdiction: ‘The foundation for the application to . .
Cited – The Owners of The Ship Philippine Admiral (Philippine Flag) v Wellem Shipping (Hong Kong) Limited and Another PC 5-Nov-1975
(Hong Kong) Sovereign immunity was denied to state trading ships, restricting the extent of state immunity. . .
Cited – Trendtex Trading Corporation v Central Bank of Nigeria CA 1977
The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit.
Cited – Golder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
Cited – Alcom Ltd v Republic of Colombia HL 1984
A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in . .
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 – Markovic and Others v Italy ECHR 14-Dec-2006
The applicants were relatives of persons who had been killed in the NATO air-raid on Belgrade in 1999. The raid was said to be an act of war in violation of international law. It had been launched from bases in Italy. The Corte de Cassazione had . .
Cited – Fayed v United Kingdom ECHR 6-Oct-1994
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb . .
Cited – Roche v The United Kingdom ECHR 19-Oct-2005
(Grand Chamber) The claimant had been exposed to harmful chemicals whilst in the Army at Porton Down in 1953. He had wished to claim a service pension on the basis of the ensuing personal injury, but had been frustrated by many years of the . .
Cited – McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom ECHR 21-Nov-2001
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint.
Held: . .
Cited – Waite and Kennedy v Germany ECHR 18-Feb-1999
The grant of immunity from the jurisdiction of the national court to an international organisation according to a long-standing practice essential for ensuring the proper functioning of these organisations free from unilateral interference by . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Cited – Sabeh El Leil v France ECHR 29-Jun-2011
Grand Chamber – The applicant alleged that he had been deprived of his right of access to a court as a result of the immunity from jurisdiction upheld by the domestic courts.
This was a claim for unfair dismissal, brought before the French . .
Cited – Cudak v Lithuania ECHR 23-Mar-2010
Grand Chamber – The applicant alleged that there had been a violation of her right of access to a court, as guaranteed by Article 6-1 of the Convention.
The applicant was a secretary and switchboard operator employed in the Polish embassy in . .
Cited – Wallishauser v Austria (No 2) ECHR 20-Jun-2013
. .
Cited – Radunovic And Others v Montenegro ECHR 25-Oct-2016
. .
Cited – Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States) ICJ 1986
The prohibition on the use of force in article 2(4) of the United Nations Charter was accepted as jus cogens, a universally recognised principle of international law. . .

Cited by:

Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Lists of cited by and citing cases may be incomplete.

Human Rights, European, Employment, Discrimination

Updated: 04 September 2022; Ref: scu.597258

Valerie Gas And Nathalie Dubois v France: ECHR 11 Mar 2011

Citations:

25951/07, [2010] ECHR 444

Links:

Bailii

Statutes:

European Convention on Human Rights

Cited by:

Cited – X and Others v Austria (Summary) ECHR 19-Feb-2013
(Grand Chamber) Article 14
Discrimination
Impossibility of second-parent adoption in same-sex couple:
violation
Facts – The first and third applicants are two women living in a stable homosexual relationship. The second . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 03 September 2022; Ref: scu.430590