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...
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...
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...
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...
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...
Taking Conscience Seriously
Ladele (see previous posts) exemplifies an important public debate: has the embrace of gay equality by the liberal state become oppressive towards free conscience rights? The legalization of gay marriage...
European Court of Human Rights Rules on Same-Sex Civil Partnerships
In the case of Vallianatos and Others v. Greece, the Grand Chamber of the European Court of Human Rights held that the legal recognition of different-sex civil partnerships to the...
European Court of Human Rights Says Dismissal of HIV-positive Employee is Incompatible with the Convention
In the case of I.B. v. Greece, the European Court of Human Rights held that the dismissal of an HIV-positive employee due to pressure exercised by his fellow employees on...
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...
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...
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...
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...