Latest Entries

Government’s Proposals on DNA Retention Incompatible with ECHR

Report published by the Equality and Human Rights Commission
Publication Date: 05 January 2010
The Equality and Human Rights Commission has informed the …

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Criminal Law and Criminal Procedure, Police Law

McLean v HM Advocate

2009 WL 4872791
HCJ Lady Paton; Lord Eassie; Lord Kingarth; Lord Osborne; Lord Wheatley; The Lord Justice Clerk (Gill); The Lord Justice General (Hamilton)
The appellant was detained and interviewed by police officers, without any access to a lawyer. The responses given were relied on by the prosecution at trial. The guarantees available under the Scottish system were sufficient to secure …

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

The Impact of the United Nations Convention on the Rights of the Child on the Human Rights of Disabled Children in the United Kingdom

By Zoe Picton-Howell, Solicitor (England & Wales) (Hons)
Doctoral Research Student, School of Law, University of Edinburgh
1. Disability as a Human rights Issue
The UNCRC is the first international human rights treaty to expressly recognise disability as a human rights issue. State parties to the UNCRC must “respect and ensure the rights set forth in the present Convention to each child …

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Child & Family Law, Child Disability Law, Discrimination Law, Medical Law

Shajer Aamer v Secretary of State for Foreign & Commonwealth Affairs[2009] EWHC 3316 (Admin)

The Claimant had been captured by the USA military in Afghanistan and had been detained in a variety of locations by the USA military authorities prior to being transferred to Guantanamo Bay. He claimed that any confessions which may have been made by him during the period of his detention were obtained through the use of torture or ill-treatment.

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Art. 03 Prohibition of Torture, Civil Procedure

Objection to Admissibility of Evidence of Child Witnesses

Opinion of Lord Brodie on the question of how to deal with objection to admissibility of evidence of two child witnesses. The defence contended that the children’s evidence had been contaminated by the way the police and Crown had prepared their cases, with an absence of proper records of questions asked in some interviews and leading questions in others.
Lord Brodie …

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

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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.