Articles in: EU Law

Proposal for a Directive on preventing and combating trafficking in human beings and protecting victims

“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 …

Asylum & Immigration Law, Commentaries, Criminal Law and Criminal Procedure, EU Law

R (K (Iran)) v Secretary of State for the Home Department [2010] EWCA Civ 115

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 …

Art. 06 Right to a Fair Trial, Asylum & Immigration Law, EU Law

‘Is the Convention Ours?’

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, …

Art. 06 Right to a Fair Trial, Commentaries, Criminal Law and Criminal Procedure, EU Law

R (on the application of EW) v Secretary of State for the Home Department [2009] EWHC 2957 (Admin)

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 …

Art. 03 Prohibition of Torture, Asylum & Immigration Law, EU Law, Misc.

Why the ECHR was incorporated into UK Law by the European Communities Act 1972

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 …

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.