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Contributing editor John McGroarty has prepared a comprehensive Strasbourg case law update for February 2010, which can be downloaded here:
Art. 02 Right to Life, Art. 03 Prohibition of Torture, Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 11 Freedom of Assembly and Association, Art. 13 Effective Remedy, Protocol 1, Art. 1 Right to Private Property, Strasbourg Case LawArticles in: AREA OF LAW
Equalities and Human Rights Commission Guidance to Public Authorities on the Provision of Goods and Services to Trans People
March 14, 2010 | No CommentsThe Equalities and Human Rights Commission has published guidance to public authorities on the provision of goods and services to trans people, in order to help public authorities meet their equality duties and human rights obligations towards trans people.
Art. 08 Right to Private and Family Life, Art. 14 Prohibition of Discrimination, Commentaries, Discrimination LawR (K (Iran)) v Secretary of State for the Home Department [2010] EWCA Civ 115
March 12, 2010 | No CommentsThe appellant claimed damages arising from the delay in the processing his asylum application. He submitted that the delay caused two types of damage: first, it aggravated his existing psychiatric condition; secondly, he lost the opportunity of presenting his case during a period (a “window of lucidity”), when, it is said, his mental condition was such that he could still …
Art. 06 Right to a Fair Trial, Asylum & Immigration Law, EU LawR (Boroumand) v Secretary of State for the Home Department [2010] EWHC 225 (Admin)
March 12, 2010 | No CommentsThis was an appeal against the deportation of an Iranian national whose application for asylum was refused and whose appeal rights were exhausted by 17 March 2005. He was subsequently convicted of grievous bodily harm. He wished to make a subsequent claim for humanitarian protection, however, the Secretary of State maintained that he was excluded from humanitarian protection due to …
Art. 08 Right to Private and Family Life, Asylum & Immigration Law, Criminal Law and Criminal ProcedureSM v Advocate General for Scotland [2010] ScotCS CSOH_15 (16 February 2010)
March 11, 2010 | No CommentsContribution by Zoe Picton-Howell
In this Scottish case, an application by a father acting on behalf of his young child with disabilities and serious health problems, for judicial review of section 73 of the Social Security Contributions and Benefits Act 1992, as being incompatible with provisions of the European Convention on Human Rights was rejected by the Court of Sessions. …
