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Strasbourg case law – February 2010

Contributing editor John McGroarty has prepared a comprehensive Strasbourg case law update for February 2010, which can be downloaded here:

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Art. 02 Right to Life, Art. 03 Prohibition of Torture, Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Art. 11 Freedom of Assembly and Association, Art. 13 Effective Remedy, Protocol 1, Art. 1 Right to Private Property, Strasbourg Case Law

Equalities and Human Rights Commission Guidance to Public Authorities on the Provision of Goods and Services to Trans People

The Equalities and Human Rights Commission has published guidance to public authorities on the provision of goods and services to trans people, in order to help public authorities meet their equality duties and human rights obligations towards trans people.

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Art. 08 Right to Private and Family Life, Art. 14 Prohibition of Discrimination, Commentaries, Discrimination Law

Joint Committee on Human Rights Counter–Terrorism Policy and Human Rights: Annual Renewal of Control Orders Legislation 2010

The Joint Committee on Human Rights has published its ninth report of the Parliamentary Session 2009-10.  The summary of the report states:
“On 1 February 2010 the Home Secretary laid before both Houses the draft Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2010. This provides for the continuation of the control order regime from …

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Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 08 Right to Private and Family Life, Commentaries

R (K (Iran)) v Secretary of State for the Home Department [2010] EWCA Civ 115

The appellant claimed damages arising from the delay in the processing his asylum application. He submitted that the delay caused two types of damage: first, it aggravated his existing psychiatric condition; secondly, he lost the opportunity of presenting his case during a period (a “window of lucidity”), when, it is said, his mental condition was such that he could still …

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Art. 06 Right to a Fair Trial, Asylum & Immigration Law, EU Law

R (Boroumand) v Secretary of State for the Home Department [2010] EWHC 225 (Admin)

This was an appeal against the deportation of an Iranian national whose application for asylum was refused and whose appeal rights were exhausted by 17 March 2005.  He was subsequently convicted of grievous bodily harm.  He wished to make a subsequent claim for humanitarian protection, however, the Secretary of State maintained that he was excluded from humanitarian protection due to …

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