Tag: Human Rights

Association Belge Des Consommateurs Test-Achats and Others (Social Policy): ECJ 30 Sep 2010

ECJ Fundamental rights – Combating of discrimination – Equal treatment for men and women – Access to and supply of goods and services – Insurance premiums and benefits – Actuarial factors – Sex as a factor in the assessment of insurance risks – Private life assurance contracts – Article 5(2) of Directive 2004/113/EC.

Citations:

C-236/09, [2010] EUECJ C-236/09, [2010] EUECJ C-236/09, [2011] EUECJ C-236/09

Links:

Bailii, Bailii, Bailii

Jurisdiction:

European

Human Rights

Updated: 25 August 2022; Ref: scu.425260

Tuquabo-Tekle and others v The Netherlands: ECHR 15 Sep 2010

A mother, father and their three sons were of Eritrean ethnicity but lived in the Netherlands and had acquired Dutch citizenship. When leaving Eritrea in 1989, the mother had left behind a daughter, then aged eight. When she was aged 15, an application was made for her to be allowed to enter the Netherlands in order to live with the family; but it was refused.
Held: By the refusal, the state had violated the rights under article 8 of all six of its members. The asserted obligation of the state was positive, and ‘the boundaries between the state’s positive and negative obligations under this provision do not lend themselves to precise definition’ and that ‘the applicable principles are, nonetheless, similar’.

Citations:

60665/00, [2010] ECHR 1454

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Tuquabo-Tekle and Others v The Netherlands ECHR 1-Dec-2005
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection dismissed (estoppel); Violation of Art. 8; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses . .

Cited by:

Cited – Quila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 25 August 2022; Ref: scu.425072

Pichkur v Ukraine: ECHR 21 Sep 2010

Judges:

Peer Lorenzen, P

Citations:

10441/06, [2010] ECHR 1457

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Pichkur v Ukraine ECHR 7-Nov-2013
. .
See Also – Pichkur v Ukraine (Legal Summary) ECHR 7-Nov-2013
ECHR Article 14
Discrimination
Termination of payment of retirement pension on the ground that beneficiary was permanently resident abroad: violation
Facts – In 1996 the applicant, who was then . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 25 August 2022; Ref: scu.425031

Regan v Chief Constable of The West Midlands Police Force: Admn 28 May 2010

The prisoner was to be released, but had been refused a home detention curfew. The respondent had informed the prison that his life would be at risk if he was released to return to the address intended.

Judges:

The Recorder of Birmingham

Citations:

[2010] EWHC 2297 (Admin)

Links:

Bailii

Statutes:

European Convention on Humajn Rights 2

Jurisdiction:

England and Wales

Prisons, Human Rights

Updated: 24 August 2022; Ref: scu.424076

AH v West London MHT: UTAA 29 Jul 2010

Prisoner in secure hospital – application for public hearig of request for discharge – refused

Citations:

[2010] UKUT 264 (AAC)

Links:

Bailii

Statutes:

Mental Health Act 1983, European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

See Also – AH v West London MHT (J) UTAA 17-Feb-2011
Order for public hearing of detention review under Mental Health Act – at request of AH. . .
Cited – Regina (on the application of C) v Secretary of State for Justice SC 27-Jan-2016
The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 23 August 2022; Ref: scu.423213

Alipour And Hosseinzadgan v Turkey: ECHR 13 Jul 2010

Citations:

6909/08, [2010] ECHR 1108

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 21 August 2022; Ref: scu.420733

Dbouba v Turkey: ECHR 13 Jul 2010

Citations:

15916/09, [2010] ECHR 1110

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 21 August 2022; Ref: scu.420737