Articles in: ECHR ARTICLE

Abuse Claims—Convention Rights in Recovering the Documents?

The following article was published in the  Civil Practice Bulletin (Issue 101 – October 2011), and is reproduced with the kind permission of the publisher, and of the author, SHRLG contributing editor Gordon Junor.
Introduction
As the extent to which limitation defences under s.17(2)(b) and s.19A of the Prescription and Limitation (Scotland) Act 1973 (as amended) may have become more limited and, …

Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Civil Procedure, Commentaries

The Auditor of the Court of Session and art.6

The following article was published in the Scots Law Times (2011 S.L.T. (News) 203), and is reproduced with the kind permission of the publisher, and of the author, SHRLG contributing editor Gordon Junor.
The Auditor of the Court of Session and art. 6
Gordon Junor
The author considers the possible application and implications of art.6 of the European Convention on Human Rights and …

Art. 06 Right to a Fair Trial, Civil Procedure, Commentaries

A Pinnock defence – in Scotland

The following article was published in the Scots Law Times on 18th March 2011 (S.L.T. 2011, 9, 45-50), and is reproduced with the kind permission of the publisher, and of the author, SHRLG contributing editor Gordon Junor.
 
A Pinnock defence – in Scotland
Gordon Junor
The author considers the possible implications of the Supreme Court decision in Manchester City Council v Pinnock [2010] …

Art. 08 Right to Private and Family Life, Commentaries, Housing and Homelessness Law, Property Law

ZH (Tanzania)(FC) v Secretary of State for the Home Department[2011] UKSC 4

An illegal immigrant mother was successful in her appeal to the Supreme Court on the ground that her removal from the United Kingdom would constitute a disproportionate interference with her Article 8 right to respect for her private and family life.
The Supreme Court held that the best interests of the child must be a primary consideration in the decision whether …

Art. 08 Right to Private and Family Life, Asylum & Immigration Law, Child & Family Law

National Security versus the Prohibition of Torture: an Analysis of the Court’s Approach to Diplomatic Assurances

Author: Rachel Moon
I. INTRODUCTION
In the aftermath of the 7/7 London bombings, it was famously declared that “the rules of the game are changing” and an avowal was made that individuals considered a threat to national security would be deported . From this, the Governments counter-terror programme of relying on ‘diplomatic assurances’ was borne, and a recent report now describes it …

Art. 03 Prohibition of Torture, Extradition Law, International Law

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.