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s13 – Privacy and Reputation
Obligation to consider alternatives to eviction into homelessness Occupiers of Portion R25 of the Farm Mooiplaats 355 JR v Golden Thread Limited and Others (CCT 25/11) [2011] ZACC 35 (7 December 2011) Summary In this case, if evicted, approximately 170 families would be made homeless. The South African Constitutional Court unanimously held that, before making [...]
Victorian Court of Appeal considers Charter post-Momcilovic WK v The Queen [2011] VSCA 345 (30 November 2011) Summary In a recent appeal from an interlocutory decision of the County Court, the Victorian Court of Appeal held, by a majority of 2:1, that s 32 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) [...]
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 [...]
Warrantless search of home by police justified exclusion of evidence from criminal proceedings R v Larson, 2011 BCCA 454 (10 November 2011) Summary In this case, the Court of Appeal for British Columbia overturned Mr Larson’s conviction for unlawful production of cannabis under s 7(1) of the Controlled Drugs and Substances Act, SC 1996, c [...]
Sterilisation of woman amounted to breach of respect for private life and prohibition against inhuman or degrading treatment V.C. v Slovakia [2011] ECHR 1888 (8 November 2011) Summary In this case, the European Court of Human Rights held that the sterilisation of a woman, in circumstances where “consent” to the procedure was obtained during the [...]
States have margin of appreciation to regulate access to reproductive health care S.H. & Others v Austria [2011] ECHR 1879 (3 November 2011) Summary The Grand Chamber of the European Court of Human Rights has found that Austrian legislation which prevents couples from conceiving a child with in vitro fertilization using donated ova or sperm [...]
VCAT did not have human rights jurisdiction in public housing matter: Court of Appeal strikes “collateral” blow to Victorian Charter Director of Housing v Sudi [2011] VSCA 266 (6 September 2011) Summary The Victorian Court of Appeal has decided that VCAT, in an application for a possession order under the Residential Tenancies Act 1997, did [...]
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 [...]
Treatment of young rape survivor violated ICCPR L.N.P. v Argentine Republic, Comm. No. 1610/2007, UN Doc. CCPR/C/102/D/1610/2007 (2011) The Human Rights Committee recently found that Argentina’s treatment of a 15 year-old rape survivor violated articles 2(3), 3, 7, 14(1), 17, 24 and 26 of the International Covenant of Civil and Political Rights. Facts L.N.P., an [...]
State breached positive obligations to safeguard and protect the right to respect for private life by failing to prevent dog attack Georgel and Georgeta Stoicescu v Romania [2011] ECHR 1193 (26 July 2011) Summary In an important judgment on the scope of article 8 of the European Convention on Human Rights, the European Court of [...]
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 [...]
Human rights at what cost? Balancing human dignity and economic constraints R (on the application of McDonald) v Royal Borough of Kensington and Chelsea [2011] UKSC 33 (6 July 2011) Summary The UK Supreme Court has held that the failure to provide an elderly woman with night-time care assistance to help her use the toilet, [...]
The right to family life and liberty of persons affected by disability London Borough of Hillingdon v Neary & Anor [2011] EWHC 1377 (COP) (09 June 2011) Summary In this case, a 21 year old man with autism and severe learning disabilities who was institutionalised, rather than being permitted to return to his home under [...]
European Court holds that failure to provide access to reproductive healthcare may violate prohibition against torture and ill-treatment R.R. v Poland [2011] ECHR 828 (26 May 2011) Summary In this case the European Court of Human Rights (ECHR) delivered judgment in favour of an applicant, Ms R.R., who brought a case against Poland for a [...]
Indefinite detention of non-convicted persons’ DNA violates right to privacy GC v The Commissioner of the Police of the Metropolis [2011] UKSC 21 (18 May 2011) Summary On 18 May 2011 the Supreme Court of the United Kingdom handed down a judgment which considered whether a provision in the Police and Criminal Evidence Act 1984 (PACE) [...]
Balancing the right to privacy and freedom of expression: What is the public interest in private affairs? CTB v News Group Newspapers Limited [2011] EWHC 1232 (QB) (16 May 2011) Summary In this case, Eady J of the England and Wales High Court granted an injunction restraining disclosure of the identity of a footballer who [...]
Formula One boss’s privacy breached, but limited rights to seek an injunction Mosley v the United Kingdom (48009/08) (10 May 2011) Summary The European Court of Human Rights has ruled against former Formula One boss Max Mosley in the latest round of the well-publicised litigation he initiated in 2008 after the UK newspaper News of [...]
Does the State have a positive obligation to provide housing? TG, R (on the application of) v London Borough of Lambeth [2011] EWCA Civ 526 (6 May 2011) Summary The UK Court of Appeal has considered whether a failure to provide housing and other supports to a vulnerable young person breaches their positive obligation to [...]
Right to equality and anti-discrimination exemptions Thales Australia Limited and ADI Munitions Pty Ltd (Anti-Discrimination) [2011] VCAT 729 (29 April 2011) Summary In this decision the Tribunal granted an exemption from certain provisions of the Equal Opportunity Act 1995 (Vic) (EO Act) to companies carrying out contracts with American firms in the defence industry. The [...]
What is the Scope of a Public Authority’s Positive Duty to Respect Privacy and Family Life? Condliff, R (On the Application Of) v North Staffordshire Primary Care Trust [2011] EWHC B8 (Admin) (7 April 2011) Summary The High Court of England and Wales has held that a public health authority did not breach a patient’s [...]
Right to Privacy Considered in Relation to Summons to Produce Documents De Simone v Bevnol Constructions & Developments Pty Ltd & Ors [2011] VSCA 54 (3 March 2011) Summary A recent decision of the Court of Appeal has held that it is highly unlikely that the production of documents pursuant to a summons would ordinarily [...]
Courts Should Consider the Proportionality of Evictions from Public Housing – The Sequel to Pinnock Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8 (23 February 2011) In Manchester City Council v Pinnock [2010] UKSC 45 (Pinnock) the UK Supreme Court held that a person [...]
Aboriginal Children Returned to Care of Maternal Grandmother as Court Finds Charter Applies to Child Welfare Proceedings Secretary to the Department of Human Services v Sanding [2011] VSC 42 (22 February 2011) Summary The Supreme Court of Victoria has ruled that the Children’s Court of Victoria (‘Court’) had the discretion to make orders returning four [...]
Evictions and Human Rights Giotopoulos v Director of Housing [2011] VSC 20 (7 February 2011) Summary The Supreme Court refused leave to appeal a decision of the Victorian Civil and Administrative Tribunal (the Tribunal) dismissing an application under section 232 of the Residential Tenancies Act 1997 (the ‘Act’) for the creation of a tenancy. Section [...]
Director of Housing v KJ (Residential Tenancies) [2010] VCAT 2026 (16 December 2010) A recent VCAT decision found that the Director of Housing (‘Director’) acted in accordance with its duties as a public authority pursuant to s 38(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in serving the respondent with a [...]
Director of Housing Considers Rights of Vulnerable Tenants Director of Housing v TK [2010] VCAT 1839 (16 November 2010) A recent VCAT decision has shown that public housing authorities are developing a more thoughtful and engaged model of decision making that gives proper consideration to the human rights of vulnerable tenants. Facts The Director of Housing [...]
The Relationship between the Victorian Charter and Confiscation of Property DPP v Ali & Anor (No 2) [2010] VSC 503 (10 November 2010) The Supreme Court of Victoria (Hargrave J) recently considered the operation of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in relation to an application to forfeit a family home [...]
Courts Should Consider the Reasonableness and Proportionality of Evictions from Public Housing Manchester City Council v Pinnock [2010] UKSC 45 (3 November 2010) In this decision the UK Supreme Court was required to decide whether art 8 of the European Convention on Human Rights requires a court to consider the reasonableness and proportionality of applications for [...]
When will Eviction from Social Housing Breach Human Rights? Canberra Fathers and Children Services Inc v Michael Watson [2010] ACAT 74 (29 October 2010) The ACT Civil and Administrative Tribunal has found that an eviction from social housing that would result in homelessness is a breach of the right to be free from unlawful or [...]
Protection of Elderly Persons and People with Disability McDonald, R (on the application of) v Royal Borough of Kensington & Chelsea [2010] EWCA Civ 1109 (13 October 2010) The England and Wales Court of Appeal has held that the failure to provide an elderly individual with disability with a carer to assist her to use [...]
The Welfare of Children must be ‘Primary Consideration’ in Decisions Regarding Immigration Detention of Parents MXL, R (on the application of) & Ors v Secretary of State for the Home Department [2010] EWHC 2397 (Admin) (30 September 2010) The England and Wales High Court has held that the immigration detention of a Jamaican woman with [...]
European Court Considers Rights to Privacy and the Home and Procedural Safeguards against Eviction Kay & Ors v United Kingdom [2010] ECHR 1322 (21 September 2010) This decision concerned the right to respect for home under art 8 of the European Convention of Human Rights. The European Court of Human Rights decided that the decision [...]
Prisoners’ Right to Privacy: Claim for Access to Family Photographs Rejected Broom v Secretary of State for Justice [2010] EWHC 2695 (Admin) (03 September 2010) The England and Wales High Court has held that the decision of a prison authority to deny a prisoner access to photographs of his children did not engage that prisoner’s [...]
What Level of Inquiry and Analysis is Required to Determine the Reasonableness of a Police Search? R v Cornell, 2010 SCC 31 (30 July 2010) The Supreme Court of Canada has considered the level of inquiry and analysis required to be conducted by police when determining whether a forced entry into a premise is reasonable, [...]
Right to Humane Treatment in Detention and Prisoner Access to Health Care Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010) On 9 July 2010, the Supreme Court of Victoria found that the plaintiff, Kimberley Castles, is entitled under s 47(1)(f) of the Corrections Act 1986 to undergo IVF treatment. [...]
Do the Rights to Marriage and Equality Require States to Recognise Same-Sex Marriage? Schalk and Kopf v Austria [2010] 30141/04 (24 June 2010) Does the right to marry, and the ‘family unit’, extend to same-sex couples? The European Court of Human Rights recent decision in Schalk and Kopf v Austria considers these issues. Facts Under [...]
Victorian Supreme Court Adopts Narrow View of Right to Privacy and Eschews International Jurisprudence WBM v Chief Commissioner of Police [2010] VSC 219 (28 May 2010) This case raises the rights to privacy (s 13) and freedom from retrospective punishment (s 27), interpretation of legislation (s 32) and declarations of inconsistency (s 36) under the [...]
Protection of the Family and the Right to Determination of Status without Unreasonable Delay Gonzalez v Guyana, UN Doc CCPR/C/98/D/1246/2004 (21 May 2010) The UN Human Rights Committee has held that an undue delay in judicial proceedings to naturalize Mr Gonzalez as a citizen of Guyana constituted unreasonable and arbitrary interference with the right to [...]
Right to Privacy and the Interception and Surveillance of Communications Kennedy v United Kingdom [2010] ECHR 682 (18 May 2010) Whilst specific breaches of the European Convention of Human Rights were not ultimately upheld, this case provides insight into the application and scope of the right to privacy enshrined in art 8 of the Convention. [...]
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. [...]
VCAT Considers Relevance of Charter to Availability of Payments for Childcare from Transport Accident Commission Michelle Dawson v Transport Accident Commission [2010] VCAT 796 (13 May 2010) Facts Ms Dawson was seriously injured in a car accident on 13 October 2005. As a result of her injuries Ms Dawson received a number of therapies in [...]
Application of Charter to Planning Schemes, Decisions and Considerations Smith v Hobsons Bay City Council [2010] VCAT 668 (12 May 2010) A recent VCAT decision establishes that a planning scheme provision limiting views into existing secluded private open space and habitable room windows is not incompatible with the Charter. VCAT also held that a local [...]
Supreme Court Orders Speedy Trial to Determine Prisoner’s Eligibility to Access IVF Treatment under Victorian Charter Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010) The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of [...]
What does Proper Consideration of Human Rights Entail? Director of Housing v Turcan [2010] VCAT Ref No R201011922 (Unpublished, 4 May 2010) The Victorian Civil and Administrative Tribunal has considered the meaning of ‘arbitrary’ and ‘unlawful’ in the context of s 13(a) of the Charter of Human Rights and Responsibilities Act 2006, as well as [...]
Obligation of Public Authorities to Provide Accommodation and Support to Destitute Family Birmingham City Council v Clue [2010] EWCA Civ 460 (29 April 2010) In this case, the England and Wales Court of Appeal held that the Birmingham City Council’s refusal to provide financial assistance and accommodation to a family while their immigration application was [...]
Refusal to Recognise Change of Ethnic Identity is Discriminatory and Breaches Right to Respect for Private Life Ciubotaru v Moldova [2010] ECHR 638 (27 April 2010) In Ciubotaru v Moldova, the European Court of Human Rights held that, along with such aspects as name, gender, religion and sexual orientation, an individual’s ethnic identity constitutes an [...]
Imposition of Unreviewable Lifetime Reporting Requirements on Sexual Offenders a Disproportionate Intrusion on Private Life F & Anor, R (on the application of) v Secretary of State for the Home Department [2010] UKSC 17 (21 April 2010) This case concerned lifetime reporting requirements for sex offenders. The Supreme Court of the United Kingdom decided that [...]
Eviction from Public Housing without Adequate Justification a Breach of Human Rights Justice Bell, sitting as President of the Victorian Civil and Administrative Tribunal, has held that the Director of Housing acted unlawfully under s 38(1) of the Charter in seeking, without adequate justification, to evict a refugee family from social housing in breach of [...]
Possession Orders and the Right to Privacy and the Home Salford City Council v Mullen [2010] EWCA Civ 336 (30 March 2010) In this case, the England and Wales Court of Appeal considered the impact of House of Lords decisions on the rights of tenants occupying premises under ‘introductory’ or ‘homeless’ accommodation legislation. In considering [...]
Right to Privacy and Protection of Children and Families MAK and RK v United Kingdom [2010] ECHR 363 (23 March 2010) The European Court of Human Rights has held that restrictive hospital visiting conditions imposed on a father, the first applicant, suspected of abusing his daughter, the second applicant, breached the right to private and [...]
Right to Private Life and Protection of Children AD and OD v United Kingdom [2010] ECHR 340 (16 March 2010) The European Court of Human Rights has held that the United Kingdom breached its obligation to respect private and family life under art 8 of the European Convention on Human Rights because of errors made [...]
Resisting Extradition Based on the Right to Private and Family Life Norris v Government of United States of America [2010] UKSC 9 (24 February 2010) The UK Supreme Court has held that the extradition of a mentally and physically fragile 66-year-old did not contravene the right to respect for private and family life under art [...]
Anonymity in Court Proceedings: Balancing the Right to Privacy and Journalistic Freedom Guardian News and Media Ltd & Ors, Re HM Treasury v Ahmed & Ors [2010] UKSC 1 (27 January 2010) The press challenged orders protecting the identity of the appellants from publication based on the right to freedom of expression. The appellants claimed [...]
Serious Criminal Offences, Deportation and the Right to Family Life A W Khan v United Kingdom [2009] ECHR 27(12 January 2010) The European Court of Human Rights has held that the deportation of a convicted heroin trafficker, who had not re-offended since release from prison and had developed strong ties with a country based on [...]
European Court Holds that Stop and Search Powers Violate Privacy and are ‘Not in Accordance with Law’ Gillan and Quinton v United Kingdom [2009] ECHR 28 (12 January 2010) The European Court of Human Rights held that stop and search powers granted to police under the ss 44-47 of the Terrorism Act 2000 (UK) were [...]
Does the Creation of a Tenancy or the Making of a Possession Order Engage Human Rights? Heywood v Director of Housing [2010] R2009/36396 (4 January 2010) In this case, the Victorian Civil and Administrative Tribunal considered the application of provisions of the Residential Tenancies Act 1997 (Vic) which provide for the creation of a tenancy [...]
Freedom of Expression and Protection from Defamation: Striking the Right Balance Grant v Torstar Corp, 2009 SCC 61 (22 December 2009) This Canadian Supreme Court decision draws on the freedom of expression guarantee in the Canadian Charter to establish a new common law defence of ‘responsible public interest journalism’ to an action for defamation. The [...]
Fox Hunting and the Right to Private Life Friend and Countryside Alliance v United Kingdom [2009] ECHR 2068 (17 December 2009) In this case, the European Court of Human Rights unanimously held that a ban on fox hunting with dogs in the United Kingdom does not impinge upon the human rights enshrined in the European [...]
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 [...]
Right to Respect for Family Life and Equal Treatment: Fathers’ Right to Custody of a Child Born out of Wedlock Zaunegger v Germany [2009] ECHR 22028/04 (3 December 2009) In this case, the European Court of Human Rights held by six votes to one that the denial of a fathers’ right to custody of a [...]
Balancing Freedom of Expression and the Right to Privacy BKM Ltd v British Broadcasting Corporation [2009] EWHC 3151 (Ch) (02 December 2009) In a case concerning the relationship between the right to freedom of expression of media agencies and the right to privacy of nursing home residents, the England and Wales High Court has conducted [...]
Deportation of Non-Nationals and the Right to Respect for Family Life Omojudi v United Kingdom [2009] ECHR 1820/08 (24 November 2009) The European Court of Human Rights has held that the deportation of Steven Omojudi from the United Kingdom to Nigeria was an unjustifiable interference with Omojudi’s right to respect for private and family life [...]
Criminal Records and the Right to Privacy R (on the application of L) v Commissioner of Police of the Metropolis [2009] UKSC 3 (29 October 2009) The United Kingdom Supreme Court has held that decisions to release information stored in public records about an individual’s criminal convictions, including non-conviction information, will always engage art 8 [...]
Planning Law and the Right to a Fair Hearing Thomson v ACT Planning and Land Authority [2009] ACAT 38 (2 October 2009) On 2 October 2009, the ACT Civil and Administrative Tribunal (‘ACAT’) handed down a decision which discussed whether the limitation on ACAT’s jurisdiction to hear applications for review of planning decisions breached the [...]
The Disability Act and the Right to Housing Conroy v Yooralla Society of Victoria [2009] VCAT 1873 (7 September 2009) The Applicant, Mr Conroy had a physical disability and had lived in a community residential unit operated by the Respondent (Yooralla Society of Victoria) for 12 years before receiving two notices to vacate under the [...]
Right to Respect for Private Life and Equality in Prison AB, R (on the application of) v Secretary of State for Justice & Anor [2009] EWHC 2220 (4 September 2009) In this case, the Administrative Court of the High Court of Justice held that the continued detention of a pre-operative transgender woman in a male [...]
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 [...]
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 [...]
Smoking Ban in High-Security Psychiatric Hospitals does not Contravene Right to Privacy N, R (on the application of) v Secretary of State for Health [2009] EWCA Civ 795 (24 July 2009) The House of Lords held that a policy of banning smoking at a psychiatric hospital did not contravene the patients’ human rights and was [...]
Proportionality and Limitations on Human Rights: Indefinite and Unreviewable Reporting Obligations Breach the Right to Privacy JF & Anor, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 792 (23 July 2009) The UK Court of Appeal has found that a regime providing for automatic and indefinite reporting [...]
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 [...]
Right to Privacy and Unlawfulness of Eviction into Homelessness Homeground Services v Mohamed (Residential Tenancies) [2009] VCAT 1131 (6 July 2009) The Victorian Civil and Administrative Tribunal (‘VCAT’) has held that a non-profit welfare agency acted unlawfully pursuant to s 38(1) of the Victorian Charter in seeking to evict a young tenant from transitional housing [...]
Supreme Court holds that the ‘Interests’ of Mortgagors include their Right to Protection from Arbitrary Interference with the Home Nolan v MBF Investments Pty Ltd [2009] VSC 244 (18 June 2009) The Supreme Court of Victoria recently confirmed that fundamental human rights, both in international law and the Victorian Charter, are relevant interests that must [...]
Freedom of Expression and the Right to Privacy: Reporting the Name of a Person Acquitted of Rape Attorney-General’s Reference No 3 of 1999: Application by the British Broadcasting Corporation to set aside or vary a Reporting Restriction Order [2009] UKHL 34 (17 June 2009) The House of Lords has held that, in the interests of [...]
Evictions Must be Just, Equitable and Reasonable Residents of Joe Slovo Community v Thubelisha Homes & Ors [2009] ZACC 16 (10 June 2009) The South African Constitutional Court has upheld a High Court decision to grant an application to evict approximately 20,000 residents of the informal settlement known as the Joe Slovo settlement. The eviction [...]
Application of the Charter in Planning Disputes Swancom Pty Ltd v Yarra CC [2009] VCAT 923 (10 June 2009) On 10 June 2009, Deputy President Dwyer and Member Bensz of the Victorian Civil and Administrative Tribunal handed down a decision which discussed the application of the Charter of Human Rights and Responsibilities Act 2006 to [...]
Monitoring and Confidentiality of Prisoner Correspondence Szuluk v United Kingdom [2009] ECHR 36936/05 (2 June 2009) The European Court of Human Rights has held that it is a disproportionate interference with an individual’s right to privacy to monitor their confidential medical correspondence with their specialist. The prison governor had directed that the applicant’s correspondence with [...]
Surveillance of Protests and the Right to Privacy Wood v Commissioner of Police for the Metropolis [2009] EWCA Civ 414 (21 May 2009) The England and Wales Court of Appeal has held that the police taking photographs of an individual in a public space (and retaining those photographs) breached that individual’s right to privacy under [...]
Right of Access to Court Imposes Positive Obligation on Courts to Inform Litigants of Rights and Entitlements Kulikowski v Poland [2009] ECHR 18353/03 (19 May 2009) The European Court of Human Rights has held that the right to access courts imposes positive obligations on courts to inform individuals of their entitlements, that delays in obtaining [...]
Right to Privacy and Tenancy Rights Vojnovic v Croatia, UN Doc CCPR/C/95/D/1510/2006 (28 April 2009) The Human Rights Committee held that a lawful termination of tenancy rights under Croatian law amounted to an arbitrary interference with the right to home and violated art 17 of the International Covenant on Civil and Political Rights. The termination [...]
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, [...]
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. [...]
Canadian Supreme Court Considers Right to Privacy R v Patrick, 2009 SCC 17 (CanLII) (9 April 2009) The Supreme Court of Canada has held that no privacy interest exists in the contents of garbage bags placed out for collection. Police had seized garbage bags from an individual’s property, and used their contents to justify obtaining [...]
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 [...]
Balancing the Right to a Fair Hearing with the Protection of Vulnerable Persons Wright & Ors v Secretary of State for Health & Anor [2009] UKHL 3 (21 January 2009) The House of Lords has recently issued a declaration of incompatibly under the Human Rights Act 1998 (UK) (‘HR Act’) in relation to the Care [...]
Is Refusal to Attend a Funeral a Breach of the Right to a Private and Family Life for Prisoners? Czarnowski v Poland [2009] ECHR 28586/035 (20 January 2009) The Applicant, Mr Edward Czarnowski, lodged an application with the European Court of Human Rights against Poland for breach of art 8 of the European Convention on [...]
The case of S and Marper v United Kingdom considered whether the retention of DNA and fingerprints from innocent people is consistent with human rights law. This case will be particularly informative for the interpretation and application of s 13 (privacy) and s 7 (limitations) of the Victorian Charter. Detailed case note.
The Residential Tenancies List of the Victorian Civil and Administrative Tribunal rejected submissions that making a compliance order against a tenant would be contrary to the Charter. Member Nihill considered that the proceedings did engage the s 13 Charter ‘privacy’ right however considered the compliance procedure to be a reasonable limitation under s 7 of [...]
The House of Lords recently ruled that a foreign national could not be removed from the UK in circumstances that would completely deny or nullify her right to family life, since such removal would be incompatible with the UK’s obligations under the European Convention on Human Rights, given domestic effect by the Human Rights Act [...]
The England and Wales Court of Appeal recently allowed an appeal against a decision of the Asylum and Immigration Tribunal regarding the deportation of AS, a Pakistani national. The Court held that the Tribunal erred in two respects: first, in finding that deportation would not interfere with AS’ right to respect for his private and [...]
The Human Rights Committee has held that a court-ordered medical examination to assess the competency of a party to participate in legal proceedings violated her right to privacy under art 17 of the ICCPR. The order violated the ICCPR because the German court based its decision solely on the author’s procedural conduct and written submissions [...]
The European Court of Human Rights has held that the measures taken by a Finnish hospital to safeguard the right to respect for private life of an HIV-positive patient of the hospital, who was also employed by the hospital from time to time as a nurse, were inadequate and in violation of art 8 (the [...]
The UK House of Lords has considered the procedural safeguards against eviction established by the right to respect for privacy and the home under art 8 of the European Convention on Human Rights. Detailed caes note.
The Grand Chamber of the European Court of Human Rights has held that the deportation of a youth who had spent the majority of his childhood in Austria constituted a violation of his right to respect for his family and private life.
The House of Lords held that the right to family life should be interpreted broadly, and encompass consideration of the rights of other family members, when determining an appeal against the Secretary of State’s refusal of leave to remain under s 65 of the Immigration and Asylum Act 1999 (UK). Detailed case note.
In this case, VCAT considered that the rights to privacy and family, and to protection of children and the family unit, were relevant to determining whether an application for an order of possession by the Director of Housing should be granted as against a single mother of four children. Detailed case note.
The England and Wales Court of Appeal has considered that scope of a child’s right to privacy in a case in which photographs of the child of a celebrity were taken and published without consent. Detailed case note.
The European Court of Human Rights has found that the United Kingdom violated art 8 of the European Convention on Human Rights by failing to provide adequate procedural safeguards to protect the right to respect of a person’s home in the context of public housing. Detailed case note.
A decision of the ACT Supreme Court has considered the scope of the right to family life and protection in the context of adoption proceedings. Detailed case note.
The European Court of Human Rights has held that a Polish prisoner’s right to respect for his family life was violated by onerous visitation restrictions, which substantially prevented him from seeing his wife and son. The applicant was awaiting a final determination on a serious assault charge. Although his wife had previously made a statement [...]
The European Court of Human Rights has considered a case of nuisance caused by a wind turbine, based on the right to respect for private and family life (art 8) and the right to protection of property (art 1 of Protocol No 1) of the European Convention on Human Rights. Detailed case note.
The UK Court of Appeal has held that the right to freedom of expression and the media’s right to disclose the identities of convicted persons and report in the public interest may outweigh the interests of children of convicted persons and their right to privacy. Detailed case note.
The Grand Chamber of European Court of Human Rights in E.B. v France held that the refusal to authorise an adoption application by a woman in a same-sex relationship, on the basis of her sexuality, amounted to a violation of arts 14 and 8 of the European Convention on Human Rights. Detailed case note.
On 4 December 2007, the Grand Chamber of the European Court of Human Rights handed down it’s decision in Dickson v The United Kingdom, a case concerning prisoners’ access to artificial insemination facilities. The applicants complained that the refusal by the Secretary of State to allow the first applicant access to artificial insemination facilities whilst [...]
In a judgment handed down on 15 November 2007, the European Court of Human Rights held that a state’s failure to adequately protect a person from defamation amounted to a breach of art 8 of the European Convention on Human Rights, which enshrines the right to respect for private and family life. The judgment also [...]
The European Court of Human Rights has held that the eviction of a woman from public housing in circumstances where the public authority had not ensured that she had adequate alternative housing constituted a violation of the right to respect for private life and the home. Detailed case note.
This decision of the England and Wales High Court concerned an application for judicial review – on the basis of interference with the right to private and family life - of a compulsory acquisition order made by the London Development Authority, and confirmed by the Secretary of State for Trade and Industry, for the purpose of [...]
The Supreme Court of New Zealand has recently considered the extent to which privacy limits freedom of expression in the context of the Bill of Rights Act 1990 (NZ). Detailed case note.
The claimant was the subject of hospital and restriction orders under the Mental Health Act 1983 (UK). The Mental Health Review Tribunal reviewed the claimant’s position and subsequently ordered the claimant’s discharge under s 73 of the Act on the condition that, amongst other things, the claimant ‘shall comply’ with medication prescribed by a specified [...]
The European Court of Human Rights has held that a public college which monitored an employee’s telephone, email and internet usage without her knowledge engaged in conduct amounting to an interference with her right to respect for private life and correspondence within the meaning of art 8 of the European Convention. Detailed case note.
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