Scottish Human Rights Law Group

An intervention by THE RIGHT HON LADY JUSTICE ARDEN DBE
Considering the theme for the opening of the legal year of the ECtHR, namely ‘The Convention is Yours’, this address asks whether the Convention is actually such. It considers the problematic reality of domestic law being misunderstood or misinterpreted by Strasbourg, in light of cases such as Osman v United Kingdom, …

W, an asylum seeker of Eritrean nationality, sought judicial review of the decision of the Secretary of State which certified that W’s human rights claim to remain in the UK was clearly unfounded. W had illegally entered the UK, and had been arrested and detained. Fingerprint checks against the European fingerprint database uncovered that the appellant had previously …

By Thomas Muirhead
This paper explains why the full version of the Convention for the Protection of Human Rights and Fundamental Freedoms (also called the “European Convention on Human Rights” and “ECHR”) was incorporated into UK law by the European Communities Act 1972.
(Latest Version: 19th September 2009)
It is contended that the full version of the ECHR was incorporated into U.K. law …

European Parliament Press Release – Communiqué de presse – 05.10.2009
Justice and home affairs
If the Lisbon Treaty comes into force, the European Parliament will play a bigger role in the protection of fundamental rights and any EU law will have to comply with the European Convention on Human Rights, stressed MEPs and other speakers at the EP Civil Liberties Committee on …

This article by Aidan O’Neill QC concerns the duty of the State to investigate suspicious or unexplained deaths and suggests that the Scottish Ministers have a continuing duty under Article 2 to initiate such a public inquiry in the case of the deaths as a result of the Lockerbie bombing, notwithstanding that these deaths long-predated the Human Rights Act and …