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s09 – Right to Life
Investigating potential breaches of the right to life: ‘Unified’ investigation processes not necessary Pearson v United Kingdom [2011] ECHR 2319 (13 December 2011) Summary The European Court of Human Rights has clarified the scope of a State party’s obligation to investigate a death in circumstances involving a potential breach of the right to life. In [...]
Investigations of deaths implicating the state must be comprehensive and fully independent R, Mousa v Secretary of State for Defence & Anor [2011] EWCA Civ 1334 (22 November 2011) Summary The UK Court of Appeal recently considered the investigation obligation under articles 2 and 3 of the European Convention on Human Rights in the context [...]
Economic and social rights are fundamental, justiciable and enforceable Osman v Minister of State for Provincial Administration & Internal Security and Ors eKLR [2011] (16 November 2011) Summary The High Court of Kenya has held that the forced eviction of 1,122 people was a violation of the right to adequate housing enshrined in the Kenyan [...]
Combating drug use while respecting Charter rights Canada (Attorney-General) v PHS Community Services Society, 2011 SCC 44 (30 September 2011) Summary The Supreme Court of Canada has held that the failure of the Minister of Health to grant an exemption to allow a safe injecting facility to operate notwithstanding federal anti-drug laws violated the right [...]
Failure to protect woman effectively against domestic violence violated Convention on Elimination of Discrimination against Women V.K. v. Bulgaria, UN Doc CEDAW/C/49/D/20/2008 (17 August 2011) Summary The Committee on the Elimination of Discrimination against Women has found that Bulgaria’s failure to protect V.K. effectively against domestic violence amounted to violations of articles 2(c)-2(f) of the [...]
Failure to prevent avoidable maternal death violates rights to life, health and non-discrimination Alyne da Silva Pimentel Teixeira (deceased) v Brazil, CEDAW, UN Doc CEDAW/C/49/D/17/2008 (2011) Summary The UN Committee on the Elimination of Discrimination against Women has found that Brazil’s failure to prevent the avoidable maternal death of Alyne da Silva, a 28-year-old Brazilian [...]
State bears responsibility for deaths in custody Zhumbaeva v Kyrgyzstan, UN Doc CCPR/C/102/D/1756/2008 (19 July 2011) Summary In this case, the United Nations Human Rights Committee held that Kyrgyzstan was responsible for injuries to, and the death of, a man held in police custody. The Committee based its decision on the principles that a State [...]
Human rights obligations can travel: The extraterritoriality of human rights and the Iraq War Al-Jedda v United Kingdom [2011] ECHR 1092 (7 July 2011) Al-Skeini & Ors v United Kingdom [2011] ECHR 1093 (7 July 2011) Summary The European Court of Human Rights (the Court) recently decided two applications brought against the United Kingdom under Article [...]
Human rights obligations can travel: The extraterritoriality of human rights and the Iraq War Al-Jedda v United Kingdom [2011] ECHR 1092 (7 July 2011) Al-Skeini & Ors v United Kingdom [2011] ECHR 1093 (7 July 2011) Summary The European Court of Human Rights (the Court) recently decided two applications brought against the United Kingdom under Article [...]
No doubt over lawfulness of abortions Abortion Supervisory Committee v Right to Life New Zealand Inc [2011] NZCA 246 (1 June 2011) Summary On 1 June 2011 the New Zealand Court of Appeal handed down its decision in the appeal and cross-appeal from the judgment of Justice Miller in the High Court’s 2008 decision in [...]
tate has a Positive Obligation to Protect Life and Ensure Effective and Independent Investigation of Police-Related Deaths Giuliani and Gaggio v Italy [2011] ECHR 513 (24 March 2011) Summary The Grand Chamber of the European Court found no violation of the European Convention of Human Rights arose out of the killing of a demonstrator by [...]
Right to Life: When is the State Obliged to Fund Legal Representation at Coronial Inquests? Legal Services Commission v Humberstone, R (On the application of) [2010] EWCA Civ 1479 (21 December 2010) The England and Wales Court of Appeal has held that the state’s obligation to conduct an effective and proactive investigation into a death [...]
‘Human Rights are Not Just for the Virtuous’: Will Criminal Conduct Prevent a Claim for Breach of Human Rights? Al Hassan-Daniel & Anor v HM Revenue and Customs & Anor [2010] EWCA Civ 1443 (15 December 2010) This case concerned the death in custody of Anthony Daniel, a drug smuggler and user. Mr Daniel’s widow [...]
Permissible Use of Force and the Investigation of Police-Related Deaths Bennett v United Kingdom – 5527/08 [2010] ECHR 2142 (7 December 2010) An essential safeguard to the right of life enshrined in art 2 of the European Convention on Human Rights is that effective official investigations are conducted when individuals are killed through the use [...]
What is the Relevance of the Charter to ‘Open Justice’ and the ‘Public Interest’? Inquest into the Death of Tyler Cassidy: Ruling on suppression application by the Chief Commissioner of Police pursuant to s 73(2)(b) of the Coroners Act 2008 During the coronial inquest into the fatal shooting of a teenager by the Victoria Police, [...]
Human Rights Committee Considers Necessity for Independent, Impartial Investigations in Cases of Alleged Breaches of the ICCPR Olimzhin Eshonov v Uzbekistan, UN Doc CCPR/C/99/D/1225/2003 A father of a man who died in custody submitted a complaint to the Human Rights Committee (Committee), alleging violations of his son’s rights and his own rights under arts 2, [...]
Investigation of Death of Human Rights Defender and the Need for Independent Investigation and Expeditious Prosecution Evangeline Hernandez v The Philippines, UN Doc CCPR/C/99/D/1559/2007 (20 August 2010) The Human Rights Committee has held the Philippines breached its obligations under the International Covenant on Civil and Political Rights following the arbitrary killing of a human rights [...]
Extra-territorial Application of the Human Rights Act Smith, R (on the application of) v Secretary of State for Defence & Anor [2010] UKSC 29 (30 June 2010) The Supreme Court of the United Kingdom has held by a 6:3 majority that the Human Rights Act 1998 (UK) has no application to members of the armed [...]
Coroners Court Determines that Right to Life Requires Inquiries to ‘Address Systemic and Prevention Issues’ Coronial Investigation of 29 Level Crossing Deaths – Ruling on the Interpretation of Clause 7(1) of Schedule 1 of the Coroners Act 2008 (Vic) (25 June 2010) The Coroners Court has held that right to life under s 9 of [...]
Right to Life Includes Right to Health and Freedom from Poverty Laxmi Mandal v Deen Dayal Harinagar Hospital & Ors [2010] 8853/2008 and Jaitun v Janpura Maternity Home & Ors [2010] 10700/2009 (High Court of Delhi, 4 June 2010) The High Court of Delhi has issued directions in response to the systemic failures resulting in [...]
Right to State-Funded Legal Aid in Coronial Inquest: Legal Aid Funding May be Necessary for State to Discharge Investigative Obligation Humberstone, R (on the application of) v Legal Services Commission [2010] EWHC 760 (Admin) (13 April 2010) Article 2 of the European Convention of Human Rights provides that the right to life is a fundamental [...]
Coroner Considers Applications for Leave to Make Submissions on Charter of Rights in Police Shooting Inquest Inquest into the Death of Tyler Cassidy: Ruling on applications to be granted leave to participate as Interested Parties pursuant to s 56 Coroners Act 2008 (4 March 2010) The Coroner’s Court of Victoria recently considered applications by three [...]
Protection from Cruel Treatment and the Death Penalty: UK Breaches Convention Obligations by Transferring Prisoners to Iraqi Custody Al-Sadoom and Mufdhi v United Kingdom [2010] ECHR 282 (2 March 2010) The European Court of Human Rights has held that the United Kingdom breached a number of its obligations under the European Convention on Human Rights [...]
Right to Liberty and Security and the Police Use of Force: Excessive Use of Force Results in Reduction of Sentence R v Nasogaluak, 2010 SCC 6 (19 February 2010) The Canadian Supreme Court has held that the excessive use of force by police officers in conducting an arrest was a breach of the accused’s right [...]
Safe-Injecting Rooms, Public Health and the Right to Life and Security of Person PHS Community Services Society v Canada (Attorney General), 2010 BCCA 15 (15 January 2010) The British Columbia Court of Appeal has held that the denial of access to health care services, including safe injecting facilities, for people with severe drug dependency may [...]
European Court Delivers Judgment in Landmark Human Trafficking Case Rantsev v Cyprus and Russia [2010] ECHR 25965/04 (7 January 2010) In a landmark judgment the European Court of Human Rights unanimously ruled that human trafficking fell within the scope of art 4 (prohibiting slavery, servitude and forced labour) of the European Convention. The Court clarified [...]
Homelessness and the Right to Life, Liberty and Security Victoria (City) v Adams, 2009 BCCA 563 (9 December 2009) The British Columbia Court of Appeal has held that a city bylaw which prohibited homeless people from erecting any form of temporary shelter at night in a public park, in circumstances where the number of homeless [...]
Australia’s Obligation to Protect People from the Death Penalty Kwok v Australia, CCPR/C/97/D/1442/2005 (23 November 2009) The United Nations Human Rights Committee has found Australia to be in breach of its obligations under art 9(1) of the International Covenant on Civil and Political Rights in relation to mandatory immigration detention. The Committee ruled that ‘detention [...]
The Right to Life, Use of Force and Policing Protests Giuliani and Gaggio v Italy [2009] ECHR 23458/02 (25 August 2009) The European Court of Human Rights has found that Italy failed to adequately investigate the death of a protestor by a member of the military police, or carabinieri, and this failure to investigate breached [...]
Governmental Obligations in Foreign Affairs and to Citizens Abroad Canada (Prime Minister) v Khadr, 2009 FCA 246 (14 August 2009) A majority of the Canadian Federal Court of Appeal recently held that Canada’s discretion to decide whether and when to request the return of a Canadian citizen detained in a foreign country, a matter within [...]
Assisted Suicide and Human Rights: DPP Should Issue Guidelines on Exercise of Prosecutorial Discretion Purdy, R (on the application of) v Director of Public Prosecutions [2009] UKHL 45 (30 July 2009) In this case, the House of Lords found that art 8 of the European Convention of Human Rights compelled the DPP to issue specific [...]
European Court Considers State Obligations to Prevent and Address Domestic Violence Opuz v Turkey [2009] ECHR 33401/02 (9 June 2009) In June 2009, the European Court of Human Rights found Turkey in violation of its obligations, under arts 2, 3 and 14 of the European Convention on Human Rights, to protect the applicant and her [...]
Extraterritoriality and the Right to Life Secretary of State for Defence v Smith, R (on the application of) [2009] EWCA Civ 441 (18 May 2009) The Court of Appeal of England and Wales held that a soldier in the British Army serving in Iraq was within the jurisdiction of the United Kingdom for the purposes [...]
UN Human Rights Committee Rules on Family Contact with Prisoners Tornel v Spain, UN Doc CCPR/C/95/D/1473/2006 (24 April 2009) The UN Human Rights Committee has held that the rights of a prisoner’s relatives to protection from arbitrary interference with their family life, protected under art 17 of the International Covenant on Civil and Political Rights, [...]
Obligations of States to Citizens Detained Abroad Khadr v Canada (Minister for Justice) [2009] FC 405 On 23 April 2009, the Federal Court of Canada handed down a decision which discussed in detail the right of citizens to request their government to provide protection against acts which violate accepted norms of international law during a [...]
Stay of Eviction into Homelessness Required to Prevent Violation of Human Dignity and Rights Machele and 67 Others v William Marofane Mailula and Others [2009] ZACC 7 (26 March 2009) The Constitutional Court of South Africa held that eviction will ‘always’ be a constitutional matter. The court further held an interim execution order for eviction [...]
South African Constitutional Court Considers the Right to Sufficient Water and a Dignified Life City of Johannesburg and Others v Mazibuko and Others (489/08) [2009] ZASCA 20 (25 March 2009) In this case, the Supreme Court of South Africa considered whether a local authority had a duty under the South African Constitution to provide free [...]
State Obligation to Conduct Public Investigation into Potential Violations of the Right to Life and Prohibition against Ill-Treatment AM & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2009] EWCA Civ 219 (17 March 2009) The UK Court of Appeal has affirmed that the government has an [...]
In the case of Leonidis v Greece, the European Court of Human Rights considered art 2 of the European Convention on Human Rights in the context of the police shooting of an 18 year old male (Victim). In making its decision, the Court considered whether: the death of the applicant’s son amounted to a breach [...]
The House of Lords has held that, pursuant to the right to life, health authorities have an ‘over-arching obligation to protect the lives of patients in their hospitals’. This obligation includes a duty to ensure that staff are highly trained, professional and competent and that the policies, procedures and systems in place at the hospital [...]
The case concerns the applicant’s complaint about the excessive length of his pre-trial detention and inadequacy of the medical care he had received during that time. After the applicant’s death, the applicant’s wife alleged that the authorities contributed to her husband’s death by failing to take the appropriate measures to protect his health and life. [...]
The House of Lords has recently unanimously held that the right to life established by art 2 of the European Convention on Human Rights requires the state to carry out an independent investigation whenever a person is left incapacitated by a suicide attempt in custody. Detailed case note.
The Supreme Court of British Colombia in Canada has made declarations that certain by-laws, enacted by the City of Victoria, violated s 7 of the Canadian Charter of Rights and Freedoms as they deprived homeless people of their right to life, liberty and security. The effect of this declaration was that those by-laws are of [...]
The England and Wales Court of Appeal has held that a defendant should not be identified if it would lead to a ‘real and immediate’ risk to their right to life. Detailed case note.
This case deals with the difficult issue of determining funding priorities in the provision of health care. In this matter, the England and Wales High Court held that the decision of a health service not to fund a relatively new cancer drug was unreasonable. The Court held that where a decision of a public authority [...]
In this case, the House of Lords considered the applicability of the leading right to life case, Osman v United Kingdom (1998) 29 EHRR 245, in which the European Court set out the obligations on member states in relation to the right to life. Pursuant to the European Court decision, states have a positive obligation [...]
The Supreme Court of British Columbia recently declared that laws which made safe self-injecting rooms illegal were unconstitutional and incompatible with the rights to life, liberty and security of the person in the Canadian Charter of Human Rights and Freedoms. Detailed case note.
In a judgment handed down on 9 April 2008, the UK House of Lords held that the right to life protections under art 2 of the European Convention on Human Rights did not impose a duty on the UK Government to hold an independent inquiry into the legality and decision-making process behind the 2003 invasion [...]
The European Court of Human Rights held that the Russian Federation violated its positive obligation to protect the right to life under art 2 of the European Convention on Human Rights by failing to: establish legislative and administrative frameworks to deter any threat to the right to life; and provide an adequate judicial response following [...]
In this decision, the UK Court of Appeal held that a claim in negligence against the police for failing to protect life should have regard to the duties imposed and standards required by art 2 of the European Convention on Human Rights. Detailed case note.
The UK Court of Appeal has held that the right to life includes a positive obligation to actively safeguard life and that the negligent failure of a psychiatric hospital to take adequate steps to prevent the suicide of a patient amounted to a violation of that patient’s right to life. Detailed case note.
This case concerned the investigative duties imposed upon authorities by art 2 of the European Convention on Human Rights (the right to life) following the injury or death of an individual whilst in custody. In particular, the case turned on whether an obligation to carry out an ‘enhanced investigation’ was subject to a threshold test [...]
The UK Court of Appeal has held that the right to life imposes a positive obligation on responsible authorities to take reasonable steps to safeguard the lives of those in their jurisdiction as against known and immediate risks. Detailed case note.
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