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Respect for Private Life under Article 8 and Covert Filming – Söderman v Sweden

Respect for Private Life under Article 8 and Covert Filming – Söderman v Sweden

The Grand Chamber of the European Court of Human Rights (“GC”) found Sweden had breached its obligations under Article 8 of the European Convention on Human Rights (“ECHR”) for failing to have in place laws protecting the applicant from being filmed without consent. You may read the judgment here. The case was brought by Ms [...]

Lord Sumption on ‘The Limits of Law’

Lord Sumption on ‘The Limits of Law’

In the 27th Sultan Azlan Shah Lecture, given in Kuala Lumpur on 20th November, Lord Sumption, Justice of the UK Supreme Court, again stepped into the debate over the appropriate role of courts in human rights adjudication. The lecture expressed concern over the judicial role and sought to defend legislative decision making about rights. First, [...]

X v Latvia: Creative Harmony, Fortunate Result

X v Latvia: Creative Harmony, Fortunate Result

In X v Latvia the ECtHR held that a domestic Latvian order requiring the applicant to return her daughter to Australia (‘the order’) violated her right to family life under Article 8 of the European Convention on Human Rights (§ 52). The applicant had moved from Australia to Latvia , taking with her her daughter, without [...]

If the Human Rights Act were repealed, could the common law fill the void?

If the Human Rights Act were repealed, could the common law fill the void?

It now looks pretty certain that, if Justice Secretary Chris Grayling has his way, the Conservative Party manifesto for the election in 2015 will promise to repeal the Human Rights Act 1998 and to enact some alternative legislation. Earlier this year a retired judge of the High Court of Australia, Dyson Heydon, also suggested that [...]

German Federal Constitutional Court Says No Civilian War Damages for NATO Air Strike in Serbia

German Federal Constitutional Court Says No Civilian War Damages for NATO Air Strike in Serbia

The German Federal Constitutional Court has rejected constitutional complaints lodged by Serbian citizens in relation to a NATO air strike in the Serbian city of Varvarin on 30 May 1999. The claimants were Serbian citizens who brought an action against the Federal Republic of Germany seeking pecuniary and non-pecuniary damages for their own injuries and [...]

The Human Rights Restoration-Revolution

The Human Rights Restoration-Revolution

Much of the work in the now burgeoning subfield of human rights history traces the causes and consequences of the ‘human rights revolution’ on international law, foreign policy and transnational activism. Few scholars, however, have reflected on why the spectacular efflorescence of human rights movements and norms over the past century should be considered revolutionary [...]

Indirectly Sending the Citizen Into Exile? The Relevance of British Citizenship to Proportionality Under Article 8 ECHR

Indirectly Sending the Citizen Into Exile? The Relevance of British Citizenship to Proportionality Under Article 8 ECHR

Judgment in R (oao MM & Ors) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin) was delivered on 5 July 2013 by Blake J. The judgment is important for two reasons: first, it rules on the lawfulness of the new maintenance requirements for family visa applications, and secondly, it gives guidance on [...]

McCaughey and Others v UK: The Requirement of Prompt Investigation into State Killings

McCaughey and Others v UK: The Requirement of Prompt Investigation into State Killings

Article 2 of the European Convention on Human Rights guarantees, subject to some exceptions, that “everyone’s right to life shall be protected by law.” In its substantive manifestation, this means that States are not to deprive individuals of their right to life, and that they must have adequate judicial mechanisms to protect this right against [...]

Vinter v UK – Why The Majority Are Right To Find That Whole Life Orders Violate Article 3 ECHR

Vinter v UK – Why The Majority Are Right To Find That Whole Life Orders Violate Article 3 ECHR

The European Court of Human Rights’ recent decision in Vinter v UK will inevitably come under fire for infringing abstract notions of subsidiarity and the Court criticised for meddling in national affairs (see the prediction in Claire Overman’s blog post for the Oxford Human Rights Hub earlier this week). The present post outlines some of the [...]

Proportionality analysis after Eweida and Others v. UK: Examining the Connections between Articles 9 and 10 of the ECHR

Proportionality analysis after Eweida and Others v. UK: Examining the Connections between Articles 9 and 10 of the ECHR

Until recently, questions regarding the theory and practice of the proportionality analysis in relation to the application of Article 9 of the ECHR to individuals were largely redundant. The European Court of Human Rights (ECtHR) rarely viewed state actions towards religious citizens as constituting an interference with Article 9. It was only in 1993 that [...]

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A Quick Overview

Blog posts have been coming in thick and fast over the last month. To help you get up to speed, the editorial team has put together a quick summary of some of the major themes. Justice Verma Committee on Indian sexual violence laws The Justice Verma Committee submitted its report on the reform of India’s [...]