European Convention on Human Rights

The Use of Restraints against Prisoners Receiving Medical Treatment: The PPO Report into the Death of Peter Sutcliffe

The Use of Restraints against Prisoners Receiving Medical Treatment: The PPO Report into the Death of Peter Sutcliffe

Image description: several handcuffs hanging from a rod in prison. The report by the Prisons and Probation Ombudsman (‘PPO’) into the death of Peter Coonan, formerly known as Peter Sutcliffe,...
UK High Court Grants Discretionary Leave to Remain for Victims of Trafficking

UK High Court Grants Discretionary Leave to Remain for Victims of Trafficking

Image description: Several persons approaching the coastline on a small boat. On 12 October 2021, in KTT, R (on the application of) v Secretary of State for the Home Department...
The Polish Challenge to the ECtHR’s Authority: Can the CoE Human-Rights System Respond Convincingly to It?

The Polish Challenge to the ECtHR’s Authority: Can the CoE Human-Rights System Respond Convincingly to It?

That the 24.11.21 judgment of the Polish Constitutional Court (CC) represents a serious challenge to the ECtHR’s authority does not seem to be open to question. The CoE SG has...
Lee v UK: Exhausting Domestic Remedies

Lee v UK: Exhausting Domestic Remedies

Today a chamber of the European Court of Human Rights (“ECtHR”) handed down its decision in Lee v UK, declaring the application inadmissible. Mr Lee’s story is well-known. In 2014,...
Pushing the Bioethical Envelope: Rethinking the Rights of Part-Human Chimeric Embryos

Pushing the Bioethical Envelope: Rethinking the Rights of Part-Human Chimeric Embryos

Image description: Different equipment, including test tubes and petri dishes, at a laboratory. On 15 April 2021, a team of scientists from the U.S., China and Spain created the first...
Justice behind closed doors?  Extrajudicial killings, Closed Material Proceedings, and Investigatory Obligations under the ECHR

Justice behind closed doors? Extrajudicial killings, Closed Material Proceedings, and Investigatory Obligations under the ECHR

The on-going case R (Saifullah) v Secretary of State for Defence is a judicial review case concerning the Ministry of Defence’s alleged failure to conduct prompt and effective investigations into...
Disability-Selective Abortions – A Double-Edged Sword? High Court of England and Wales Gives Ruling on the Conflict Between Rights of Disabled Persons and Women’s Reproductive Choice

Disability-Selective Abortions – A Double-Edged Sword? High Court of England and Wales Gives Ruling on the Conflict Between Rights of Disabled Persons and Women’s Reproductive Choice

In Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 the High Court of England and Wales was faced...
Defending legality in judicial appointments:  The European Court of Human Rights and the Polish constitutional crisis [Part1]

Defending legality in judicial appointments: The European Court of Human Rights and the Polish constitutional crisis [Part1]

That the Polish constitutional crisis would have had serious human-rights implications was clear from the start. It would have been naïve to assume that the CoE would not have had...
Protocol No. 15 to the ECHR: a new era of subsidiarity or a symbolic change?

Protocol No. 15 to the ECHR: a new era of subsidiarity or a symbolic change?

Protocol No. 15 to the European Convention on Human Rights came into force in August 2021. It introduced several amendments, including the controversial addition of a recital to the Preamble,...
MA v Denmark and Fedotova and Others v Russia: Judicial Activism in Protecting the Right to Family Life?

MA v Denmark and Fedotova and Others v Russia: Judicial Activism in Protecting the Right to Family Life?

On 9.7.21, the GC of the ECtHR found a violation of Article 8 ECHR in the case of a Syrian national enjoying temporary protection in Denmark, M.A., who could only...
Kurt v Austria: ECHR Positive Obligations Without a Coercive Sting?

Kurt v Austria: ECHR Positive Obligations Without a Coercive Sting?

A terrible family drama reopens the debate about the coercive sting of ECHR positive obligations Measures to prevent crime have always been considered part of the positive obligations under Article...
UK’s Approach Towards the Jurisprudence of the European Court of Human Rights

UK’s Approach Towards the Jurisprudence of the European Court of Human Rights

In R (on the application of AB) v Secretary of State for Justice, the teenage Appellant was sentenced for imprisonment at the Feltham Young Offenders’ Institution. Due to his problematic...

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