Scottish Human Rights Law Group

Contribution by Zoe Picton-Howell
In this Scottish case, an application by a father acting on behalf of his young child with disabilities and serious health problems, for judicial review of section 73 of the Social Security Contributions and Benefits Act 1992, as being incompatible with provisions of the European Convention on Human Rights was rejected by the Court of Sessions. …

Contribution by:  Jennifer Spence
Court of Session (Inner House), 21 January 2010
Lord President (Hamilton), Lady Paton, Lord Carloway
Mr K, the unmarried father of a child (“X”), born 6 May 2002, applied to the Sheriff for parental rights and responsibilities in terms of section 11 of the Children (Scotland) Act 1995 (c.36) (“the Act”).  Mr K was named on X’s birth certificate …

Held that deportation cases did not call for a materially different approach from that required in ordinary removal cases,

Held that in deportation cases on grounds of criminal offending, a balance had to be struck under the European Convention on Human Rights 1950 art.8 with a proper appreciation of the special situation of those who had been in the host country since childhood.

Held that there was sufficient general public interest in publishing a report of proceedings challenging a freezing order to justify any curtailment of an individual’s right to respect for his private and family life.