Right against Torture

The Unified Screening Mechanism: Hong Kong to Assess Refugee Claims Alongside Torture Claims

The Unified Screening Mechanism: Hong Kong to Assess Refugee Claims Alongside Torture Claims

The UNHCR previously had the role of assessing and determining refugee claims (“persecution claims”) in Hong Kong in accordance with Art. 33 of the Convention Relating to the Status of...
Canadian Constitutional Challenge to Prohibition on Assisted-Dying

Canadian Constitutional Challenge to Prohibition on Assisted-Dying

Canada’s top court is once again set to decide on the constitutionality of physician-assisted dying for terminally ill patients. Last Wednesday, the Supreme Court of Canada heard oral arguments in...
Providing Syrian Survivors of Torture Access to Rehabilitation Services

Providing Syrian Survivors of Torture Access to Rehabilitation Services

Mental health and other rehabilitation services can be key to restoring basic functioning and facilitate resilience and positive coping strategies for refugee survivors of torture. In the summer of 2012,...
Federal Judge Strikes Down California Death Penalty as Unconstitutional

Federal Judge Strikes Down California Death Penalty as Unconstitutional

In a stunning – and possibly prescient – decision, United States District Court Judge Cormac J. Carney of the Central District of California struck down the state of California’s death...
Throwing Away The Key – Whole Life Sentences in the Court of Appeal

Throwing Away The Key – Whole Life Sentences in the Court of Appeal

Flouting the judgment of the European Court of Human Rights (ECtHR) in Vinter v UK, the UK Court of Appeal has held that whole life sentences do not violate Article...
Court of Appeal Affirms Ability to Pass Whole Life Tariffs for Murder

Court of Appeal Affirms Ability to Pass Whole Life Tariffs for Murder

A specially constituted five-member Court of Appeal has ruled unanimously in R v McLoughlin that the imposition of a ‘whole life order’ for murder not does violate Article 3 ECHR....
Jones and Others v UK: Immunity or Impunity?

Jones and Others v UK: Immunity or Impunity?

The recent decision of the European Court of Human Rights in Jones and Others v UK represents a missed opportunity to take a lead in developments in international law concerning...
Corporal Punishment in Namibia Revisited

Corporal Punishment in Namibia Revisited

In the landmark 1991 judgement of the Namibian Supreme Court in Ex Parte: Attorney-General, In Re Corporal punishment by Organs of State, Berker CJ remarked in a separate judgement, that...
Mendoza v Argentina: Against the life imprisonment of children

Mendoza v Argentina: Against the life imprisonment of children

In Mendoza et al. v. Argentina, the Inter-American Court of Human Rights (ICHR) has determined that life sentences against children constitute a breach of the American Convention on Human Rights...
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...
John Eekelaar on the response to Abu Qatada's deportation

John Eekelaar on the response to Abu Qatada's deportation

It is depressing that some politicians are using the Abu Qatada case to denigrate our system for protecting human rights when we should be thankful that it has shown the...
Vinter v UK and Whether Life Should Mean Life

Vinter v UK and Whether Life Should Mean Life

The Grand Chamber of the European Court of Human Rights has ruled, in the case of Vinter and Others v United Kingdom, that whole life orders of imprisonment violate Article...

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