Articles in: Art. 08 Right to Private and Family Life

Potter v Scottish Ministers [2010] CSOH 85

July 19, 2010 | No Comments

A challenge under Article 8 of the ECHR was made to the telephone systems in Scottish prisons.  This system provides “that any call made from a prisoner telephone be preceded by a recorded message which advises the recipient that the call is coming from a Scottish prison”
Lord Matthews in the Outer House held that the system was proportionate.

Art. 08 Right to Private and Family Life, Prisons Law

Kennedy v UK (Application No 26830/05)

June 3, 2010 | No Comments

Submission contributed by Maria Clarke
The ECHR ruled unanimously that the UK regime governing secret surveillance of individuals did not interfere with the Applicant’s private life as guaranteed by Art 8 of the ECHR.  It was determined that the interference with private life which the surveillance measures entail, was legitimate having as its aim the protection of national security and …

Art. 08 Right to Private and Family Life, Strasbourg Case Law

The Coalition: our programme for government

May 20, 2010 | No Comments

The Conservative/Lib Dem coalition today published its full programme for government.  Chapter 3 of the programme, titled Civil Liberties states:
“We will be strong in defence of freedom. The Government believes that the British state has become too authoritarian, and that over the past decade it has abused and eroded fundamental human freedoms and historic civil liberties. We need to restore …

Art. 02 Right to Life, Art. 03 Prohibition of Torture, Art. 04 Freedom from Slavery, Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 07 No Punishment without Law, Art. 08 Right to Private and Family Life, Art. 09 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association, Art. 12 Right to Marry and Found a Family, Art. 13 Effective Remedy, Art. 14 Prohibition of Discrimination, Commentaries

Scots sex offenders win human rights fight

May 20, 2010 | No Comments

By Lucy Adams, The Herald, 20 May 2010,
‘Judges have ruled the system that places sex offenders in Scotland on a register for life with no way of being removed is in breach of their human rights.

Art. 08 Right to Private and Family Life, Criminal Law and Criminal Procedure

Joint Committee on Human Rights Report – Enhancing Parliament’s role in relation to human rights judgments

April 6, 2010 | No Comments

The Joint Committee on Human Rights fifteenth report of the Parliamentary session 09-10 has been published, the summary of the report on Enhancing Parliament’s role in relation to human rights judgments states:
“This is our fourth report of the Parliament dealing with adverse judgments by the European Court of Human Rights and declarations of incompatibility issued by the domestic courts under …

Art. 03 Prohibition of Torture, Art. 08 Right to Private and Family Life, Art. 09 Freedom of Thought, Conscience and Religion, Art. 13 Effective Remedy, Commentaries, Criminal Law and Criminal Procedure, Discrimination Law, Ecclesiastical Law and Freedom of Religion, Housing and Homelessness Law, Protocol 1, Art. 3 Right to Free and Fair Elections
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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.