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

SM v Advocate General for Scotland [2010] ScotCS CSOH_15 (16 February 2010)

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. …

Art. 08 Right to Private and Family Life, Art. 14 Prohibition of Discrimination, Child & Family Law, Child Disability Law

Principal Reporter v K [2010] CSIH 5

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 …

Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 14 Prohibition of Discrimination, Child & Family Law

KB (Trinidad & Tobago) v Secretary of State for the Home Department

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

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

(1) JO (Uganda) (2) JT (Ivory Coast) v Secretary of State for the Home Department

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.

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

In the matter of Guardian News & Media Ltd & Others sub nom Mohammed Jabar Ahmed & Others v HM Treasury; Mohammed Al-Ghabra v HM Treasury; HM Treasury R (on the application of Hani El Sayed Sabaei Youssef)

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.

Art. 08 Right to Private and Family Life, Art. 10 Freedom of Expression, Data Protection and Freedom of Information, Media Law, Misc.

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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.