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Migrant ‘Push Backs’ at Sea are Prohibited ‘Collective Expulsions’

Migrant ‘Push Backs’ at Sea are Prohibited ‘Collective Expulsions’

  Collective expulsions of migrants at sea have often resulted in tragedy and are prohibited by Protocol No. 4 to the ECHR. In the early hours of 20 January 2014, a boat coming from Turkey carrying twenty-seven Afghan and Syrian migrants was intercepted by the Greek coast guard near the isle of Farmakonisi, in the [...]

Judicial Review of Migrant Detention in Europe: In Search of Effectiveness and Speediness

Judicial Review of Migrant Detention in Europe: In Search of Effectiveness and Speediness

  Detention has been highlighted in recent years by a number of international and non-governmental organisations as an ineffective and inefficient tool of migration control employed by a large number of states. In 2013, the European Court of Human Rights continued to find violations of Article 5(4) of the Convention for the Protection of Human [...]

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 [...]

Stereotyping as Direct Discrimination?

Stereotyping as Direct Discrimination?

The Hungarian Equal Treatment Authority (ETA) found that the entrance policy of a music club violated anti-discrimination legislation. The club in Budapest only charged men for entrance but not women. Whose equality was at stake? The complaint to the ETA was submitted by a male consumer. The complainant argued the he had to bear a [...]

Bridging The Divide? Integrating the Functions of National Equality Bodies and National Human Rights Institutions in the EU

Bridging The Divide? Integrating the Functions of National Equality Bodies and National Human Rights Institutions in the EU

National equality bodies (NEBs) and national human rights institutions (NHRIs) play important roles in promoting respect for human dignity and fundamental rights in many European states. NEBs promote respect for the principle of equal treatment and help victims of discrimination to obtain a remedy under national and EU anti-discrimination law. NHRIs promote respect for human [...]

Provoking Debate: The UN Special Rapporteur and the Right to Housing in the UK

Provoking Debate: The UN Special Rapporteur and the Right to Housing in the UK

The right to housing seldom captures the public imagination or the media spotlight.  Yet the visit of the UN Special Rapporteur on the Right to Housing to the UK earlier this month, and the government reaction to it, is a timely reminder that housing sits at the centre of big political questions the UK must [...]

The Need for ‘Hard Evidence’ of Public Sector Equality Duty Outcomes

The Need for ‘Hard Evidence’ of Public Sector Equality Duty Outcomes

The Public Sector Equality Duty (PSED) Review report, published 6th September, was met with cautious relief.  Until it was issued, many charity and campaigning groups were concerned the Duty, which requires public bodies to have due regard for need to eliminate discrimination and advance equality for people from different groups, would be abolished.  However, the [...]

Kadi II: Fundamental Rights and International Terrorism

Kadi II: Fundamental Rights and International Terrorism

In its judgment in Kadi II (18 July 2013), the Court of Justice of the European Union (Grand Chamber) sought to ascertain the content of procedural rights of suspected terrorists and strike a balance between the imperative need to combat international terrorism and the protection of fundamental rights and freedoms of suspected terrorists. Mr Kadi’s [...]

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 [...]

Redfearn v United Kingdom and an Integrated Approach to Labour Rights

Redfearn v United Kingdom and an Integrated Approach to Labour Rights

Following on from Alan Bogg’s analysis of Redfearn v United Kingdom, this post by Anjoli Maheswaran Foster focuses on a different aspect of the case- the ‘integrated approach’ to social labour rights that has been adopted by the European Court of Human Rights.  In recent years, the Strasbourg Court has made use of an ‘integrated approach’ [...]

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 [...]