Scottish Human Rights Law Group

“On 29 March 2010 the European Commission tabled a proposal for a new Directive on trafficking in human beings, aimed at further approximating legislation and penalties, ensuring successful prosecution, better protection of and assistance to victims, and prevention of trafficking. It follows up on a previous proposal tabled in 2009. The Directive, if approved, will replace current EU legislation dating …

The 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 …

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 …