s12 – Freedom of Movement

Castle & Ors v Commissioner of Police for the Metropolis [2011] EWHC 2317 (Admin) (8 September 2011)

Rioters’ rights: Police obligations under the European Convention of Human Rights during protests and demonstrations Castle & Ors v Commissioner of Police for the Metropolis [2011] EWHC 2317 (Admin) (8 September 2011) Summary The High Court of England and Wales has dismissed claims made on behalf of three school children that their containment at last [...]

Nystrom v Australia, UN Doc CCPR/C/102/D/1557/2007 (18 August 2011)

There’s no place like home: The case of Mr Nystrom Nystrom v Australia, UN Doc CCPR/C/102/D/1557/2007 (18 August 2011) On 18 August 2011 the United Nation’s Human Rights Committee published its View adopted in the Communication (Communication No. 1557/2007) submitted by Stefan Lars Nystrom. In this landmark decision the Committee found that Australia had violated [...]

P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011)

Charter Promotes and Protects Rights of Person with Disability P J B v Melbourne Health & Anor (Patrick’s case) [2011] VSC 327 (19 July 2011) Summary In this case, the Supreme Court of Victoria held that the Victorian Civil and Administrative Tribunal had both failed to interpret law consistently with human rights and had itself [...]

Antunovic v Dawson & Anor [2010] VSC 377 (25 August 2010)

Supreme Court Considers Right to Liberty and Security of Person Subject to Involuntary Mental Health Treatment Antunovic v Dawson & Anor [2010] VSC 377 (25 August 2010) On an application for a writ of habeas corpus, Bell J of the Supreme Court of Victoria held that the provision in the Mental Health Act 1986 (Vic) [...]

Secretary of State for the Home Department v AP [2010] UKSC 24 (16 June 2010)

What Constitutes a Deprivation of Liberty? Secretary of State for the Home Department v AP [2010] UKSC 24 (16 June 2010) A recent decision of the UK Supreme Court has confirmed that certain control order restrictions may constitute a deprivation of liberty sufficient to engage the operation of art 5 of the European Convention on [...]

PJB (Guardianship) [2010] VCAT 643 (17 May 2010)

Application of Charter to Guardianship and Administration PJB (Guardianship) [2010] VCAT 643 (17 May 2010) Justice Billings in the Victorian Civil and Administrative Tribunal has held that the appointment of an administrator to the estate of a represented person, PJB, was a justifiable restriction on PJB’s right to freedom of movement and right to privacy. [...]

Secretary to the Department of Justice v AB [2009] VCC 1132 (28 August 2009)

Interpretation and Limitation of Rights in relation to Extended Supervision of Sex Offender Secretary to the Department of Justice v AB [2009] VCC 1132 (28 August 2009) The Victorian County Court has handed down a decision which considers in some detail the application of the interpretative obligation in the Victorian Charter of Human Rights and [...]

AC (Guardianship) [2009] VCAT 1186 (8 July 2009)

Supervised Treatment and Limitations on the Rights of Persons with Disability under the Charter AC (Guardianship) [2009] VCAT 1186 (8 July 2009) This case concerns AC, a 26 year old man with a mild intellectual disability who has been living at Sandhurst since 2000.  Due to a history of assaultive and sexualised behaviours, AC was [...]

Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009)

Failure to Review Involuntary Treatment a Breach of Human Rights Kracke v Mental Health Review Board [2009] VCAT 646 (23 April 2009) On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a significant decision which discussed in detail important aspects of the application and operation of the Charter.  [...]