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International
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 Austrian domestic law, a [...]
Threat of Torture during Interrogation Amounts to Inhuman Treatment
Gafgen v Germany [2010] ECHR 759 (1 June 2010)
The Grand Chamber of the European Court of Human Rights has found, by majority, that a threat of torture amounted to inhuman treatment, but was not sufficiently cruel to amount to torture within the meaning of the European Convention [...]
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 family in [...]
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. Furthermore, the [...]
Conviction for War Crimes Not a Violation of the Prohibition against Punishment without Law
Kononov v Latvia [2010] ECHR 667 (17 May 2010)
The Grand Chamber of the European Court of Human Rights considered whether criminal law was retrospectively applied to convict Mr Kononov, in violation of art 7 of the European Convention of Human Rights.
The Grand [...]
Freedom of Religion and Conscience Objection to Military Service
Eu-min Jung & Ors v Republic of Korea, UN Doc CCPR/C/98/D/1593-1603/2007 (30 April 2010)
The UN Human Rights Committee has held that the Republic of Korea violated art 18, paragraph 1 of the International Covenant on Civil and Political Rights in convicting and sentencing to imprisonment, 11 individuals [...]
Post-Sentence Detention Incompatible with Prohibition against Arbitrary Detention
Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010)
Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010)
The UN Human Rights Committee has held that the post-sentence detention of two men convicted of sexual offences, Kenneth Tillman in New South Wales and Robert Fardon in Queensland, was incompatible with [...]
Post-Sentence Detention Incompatible with Prohibition against Arbitrary Detention
Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010)
Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010)
The UN Human Rights Committee has held that the post-sentence detention of two men convicted of sexual offences, Kenneth Tillman in New South Wales and Robert Fardon in Queensland, was incompatible with [...]
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 family life [...]
‘Deeming’ Traffic Offences Breaches Right to Presumption of Innocence and Silence
Krumpholz v Austria [2010] ECHR 341 (18 March 2010)
In Krumpholz v Austria, the European Court of Human Rights held that deeming the owner of a vehicle to have committed a traffic offence (by virtue of their ownership of the vehicle) breaches the European Convention right [...]
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 by a [...]
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 by handing [...]
Same-Sex Relationships: Right to Non-Discrimination and Succession to Public Tenancy
Kozak v Poland [2010] ECHR 280 (2 March 2010)
The European Court of Human Rights has held that Poland violated arts 8 and 14 of the European Convention on Human Rights by denying a man living in a homosexual relationship the right to succeed to a tenancy [...]
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 long-term residency, [...]
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 neither sufficiently [...]
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 the positive [...]
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 Convention on [...]
The Right to Free Expression and the Protection of Journalistic Sources: When Can a Journalist be Compelled to Reveal their Source?
Financial Times Ltd & Ors v United Kingdom [2009] ECHR 2065 (15 December 2009)
This decision explores the right to freedom of expression as it applies to the protection of journalists’ sources. The Court’s finding of [...]
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 child born [...]
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 under art [...]
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 for a [...]
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 Italy’s obligations [...]
Freedom of Expression and the Restrictions on Advertising regarding Cruel Treatment of Animals
Verein Gegen Tierfabriken Schweiz (VgT) v Switzerland (No 2) [2009] ECHR 32772/02 (30 June 2009)
In VgT v Switzerland (No 2) the Grand Chamber of the European Court of Human Rights held that not only should the State refrain from interfering with an individual’s [...]
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 mother from [...]
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 his specialist [...]
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 expert evidence [...]
Deportation and Non-Refoulement
X v Australia, UN Doc CAT/C/42/D/324/2007 (5 May 2009)
Mr X, a Palestinian born in Lebanon in 1960, was detained at the Villawood Detention Centre in Australia. He sought political asylum in Australia, however, his request was rejected and he risked forcible removal to Lebanon. He claimed, inter alia, that by deporting him, Australia [...]
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 of the [...]
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, will be [...]
Detention and Treatment in Government-Run ‘Sobering Up’ Centre may Amount to Ill-Treatment
Wiktorko v Poland [2009] ECHR 14612/02 (31 March 2009)
The European Court of Human Rights has held that the treatment of a Polish national, whilst detained at a government-run ’sobering-up centre’, constituted degrading treatment in violation of the substantive protection of art 3 of the [...]
Prohibition against Arbitrary Detention and the Right to Procedural Fairness
A and Ors v United Kingdom [2009] ECHR 3455/05 [Grand Chamber] (19 February 2009)
In a case relating to the detention of non-national terror suspects in the UK, the European Court of Human Rights held that:
detention pending deportation cannot be justified under art 5(1)(f) of the European [...]
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 of the [...]
The European Court of Human Rights recently found that the Government of Turkey, having ordered lawyer Ayhan Erdoðan to pay compensation for remarks that he made against a public figure during court proceedings, had breached Mr Erdoðan’s right to freedom of speech in violation of art 10 of the European Convention on Human Rights.
Article 10 [...]
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 Human Rights. [...]
Reliance on Witness Statement where Cross-Examination not Available may Violate Right to a Fair Hearing
Al-Khawaja and Tahery v United Kingdom [2009] ECHR 26766/05 (20 January 2009)
The European Court of Human Rights has held that allowing a witness statement to be admitted as evidence where the witness is not available for cross examination and that evidence [...]
In this case, the European Court of Human Rights considered the right to freedom of expression in the context of political advertising in the media. This judgment again shows that there must be a reasonable relationship of proportionality between the legitimate aim pursued by a statutory prohibition and the means deployed to achieve that aim.
Detailed [...]
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.
Detailed [...]
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 Grand Chamber of the European Court of Human Rights has overruled a lower chamber decision, finding that the right to a fair trial (prescribed in art 6 of European Convention on Human Rights) includes access to legal assistance during the investigation stage of a suspect by the police.
Detailed case note.
On 16 October 2008, the European Court of Human Rights held that the suicide of a mentally ill prisoner in France was attributable to the authorities’ failure to provide adequate medical care. This failure was a breach of the deceased’s right to life and right to be free from inhuman or degrading treatment.
Detailed case note.
The European Court of Human Rights has held that a UK decision of a public authority to remove a child from its family, on the basis of an incorrect diagnosis, was not a breach of art 8 of the European Convention of Human Rights which provides for the right to respect for private and family [...]
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 author, Mr Aboushanif, lodged a Communication under the First Optional Protocol to the ICCPR claiming that Norway had violated his rights under art 14(5) of the Covenant. Article 14(5) states that: ‘Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.’
The [...]
The Human Rights Committee has found that the State party breached art 2(3) (adequacy of remedy), when read with art 7 (torture and other prohibited treatment), of the ICCPR, by failing to ensure that complaints about mistreatment by police officers were adequately and satisfactorily investigated by competent authorities.
Detailed case note.
The European Court of Human Rights held that there was a violation of art 10 of the European Convention on Human Rights when criminal proceedings were instituted against the applicant for having worn a totalitarian symbol in public.
Detailed case note.
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 European Court of Human Rights has held that, by allowing an individual to be excluded from participating in their child’s adoption proceedings, Croatia violated its obligation to ensure the right to respect for private and family life under art 8 of the European Convention on Human Rights.
Detailed case note.
The European Court of Human Rights held that there had been a violation of art 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights because the applicant’s conditions of detention were not appropriate to his state of health.
In the Court’s view, in circumstances such as these, the State should have [...]
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 European Court of Human Rights has held that Poland violated its obligation to ensure a fair trial under art 6 of the European Convention on Human Rights by failing to grant legal aid to an individual in respect of civil proceedings. However, the Court held that a denial of legal aid was justified where [...]
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 held that the right to a fair hearing requires an oral hearing which may only be dispensed of in exceptional circumstances.
Detailed case note.
In this case, the European Court of Human Rights considered human rights issues arising from involuntary admission and treatment on the ground of mental illness.
Detailed case note.
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 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 alleged [...]
In this case, the European Court of Human Rights considered the legality of:
1. detaining a mentally ill prisoner pending transfer to a psychiatric hospital; and
2. the length of pre-trial detention
– under arts 5(1) and 5(3)of the European Convention on Human Rights.
Detailed case note.
The Grand Chamber of the European Court of Human Rights has recently considered the scope and application of art 7 of the European Convention on Human Rights, which provides that no person shall be subject to a ‘heavier penalty than the one that was applicable at the time the criminal offence was committed’.
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.
The European Court has held that public authorities have a particular duty and responsibility for the health and well-being of those in its custody or detention. The Court further held that a failure to provide adequate mental health care to detainees in circumstances which do not adequately accommodate, or which result in the deterioration of, [...]
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 [...]
The European Court of Human Rights recently held that the imprisonment of a journalist for refusing to disclose the identity of a confidential source constituted a violation of the right to freedom of expression under art 10 of the European Convention on Human Rights.
Detailed case note.
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 in Oganova v Georgia found that, generally, the right to a fair hearing implies the right to an oral hearing but that, in certain special circumstances, it may be permissible for an appellate court to determine a matter by written submissions in the interests of the efficient administration of [...]
In Gault v United Kingdom, the European Court of Human Rights held that the detention of Ms Lesley Gault pending re-trial violated art 5(1)(c) of the European Convention on Human Rights. Relevantly, the Court held that, pursuant to art 5(1)(c), the proximity or imminence of a trial does not justify pre-trial detention that would not [...]
The European Court of Human Rights has recently considered the content and application of the rights to freedom of peaceful assembly and association, holding that ‘the right to freedom of assembly is a fundamental right in a democratic society’ and that any exceptions to the right ‘must be narrowly interpreted and the necessity for any [...]
The Grand Chamber of the European Court of Human Rights has considered the nature and scope of art 14 of the European Convention on Human Rights, which enshrines the right to non-discrimination and the equal enjoyment of human rights. The Grand Chamber held that the education policy in the Czech Republic, which resulted in the [...]
This decision considered the extent to which it is permissible for a state to limit the right to freedom of peaceful assembly and association in the context of a public demonstration.
Detailed case note.
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.
To what extent is it acceptable to limit the right to freedom of expression to protect a person’s reputation? A recent decision of the Grand Chamber of the European Court of Human Rights, Lindon v France, considers the question.
Detailed case note.
The European Court of Human Rights has held that judicial decisions in defamation proceedings brought against a Moldovan newspaper interfered with its right to freedom of expression, and more specifically its right to disseminate public opinion on a matter of public interest. The decision addressed the permissible limitations on the right to freedom of expression [...]
In a decision regarding mandatory immigration detention, the UN Human Rights Committee has elucidated its jurisprudence on the content and application of art 9 of the ICCPR, the right to liberty and security of person and to be free from arbitrary detention.
Detailed case note.
Three recent cases from the European Court of Human Rights consider the principles to be applied in determining whether continued detention is lawful. This case note considers the potential impact of these decisions on the interpretation of ss 21(5) and (6) of the Charter of Human Rights and Responsibilities Act 2006 (Vic).
Detailed case note.
Three recent cases from the European Court of Human Rights consider the principles to be applied in determining whether continued detention is lawful. This case note considers the potential impact of these decisions on the interpretation of ss 21(5) and (6) of the Charter of Human Rights and Responsibilities Act 2006 (Vic).
Detailed case note.
Three recent cases from the European Court of Human Rights consider the principles to be applied in determining whether continued detention is lawful. This case note considers the potential impact of these decisions on the interpretation of ss 21(5) and (6) of the Charter of Human Rights and Responsibilities Act 2006 (Vic).
Detailed case note.
In this case, the applicant, a man with chronic schizophrenia, was subjected to the practices of restraint and seclusion while detained. The applicant successfully complained to the European Court of Human Rights of violations of art 3 (prohibition on cruel, inhuman or degrading treatment or punishment) and art 5 (right to liberty and security of [...]
The European Court of Human Rights has held that the right to a fair hearing subsumes a right of access to a court and that a requirement to pay substantial court fees to file or proceed with a claim may constitute a violation of that right.
Detailed case note.
In an important decision regarding the nature and scope of the right to equality before the courts, the UN Human Rights Committee has found Australia in violation of art 14(1) of the International Covenant on Civil and Political Rights.
Detailed case note.
The European Court of Human Rights has held that the medical treatment of a prisoner within a remand centre and prison hospital was inadequate and that failure to treat him as an inpatient at a hospital where he could receive the necessary neurological and hyperbaric oxygen treatment amounted to a violation of the prohibition on [...]
The European Court of Human Rights has considered two cases in which it held that the relevant State party had interfered with the right to freedom of peaceful assembly in art 11 of the European Convention of Human Rights. That right is protected by s 16(1) of the Victorian Charter. In both cases, domestic law [...]
The European Court of Human Rights has considered two cases in which it held that the relevant State party had interfered with the right to freedom of peaceful assembly in art 11 of the European Convention of Human Rights. That right is protected by s 16(1) of the Victorian Charter. In both cases, domestic law [...]
The European Court of Human Rights has held that pre-trial custody will only be lawful if there are ‘relevant and sufficient’ grounds for detaining a person. Prolonged pre-trial detention must be regularly reviewed and will only be justifiable in exceptional circumstances.
Detailed case note.
In a judgment handed down on 12 June 2007, the European Court of Human Rights held that particular strip searches conducted on the applicant violated the prohibition on degrading treatment in art 3 of the European Convention on Human Rights (‘ECHR’). Further, certain restrictions placed on the applicant’s correspondence violated the right to privacy protected [...]
Two recent decisions of the European Court of Human Rights regarding the scope and content of art 6 of the European Convention on Human Rights have confirmed that the right to a fair hearing subsumes a right of access to the courts.
Detailed case note.
Two recent decisions of the European Court of Human Rights regarding the scope and content of art 6 of the European Convention on Human Rights have confirmed that the right to a fair hearing subsumes a right of access to the courts.
Detailed case note.
The European Court of Human Rights has held that serious allegations of torture or other cruel, inhuman or degrading treatment or punishment must be the subject of expeditious, effective and independent investigation. It has further held that evidence of ill-treatment, particularly of persons in custody, will give rise to a rebuttable presumption that the ill-treatment [...]
The European Court of Human Rights has found that Poland violated its obligations to protect the right to freedom of assembly as a result of a failure to facilitate and accommodate a protest regarding discrimination against minority groups.
Detailed case note.
In a judgment handed down on 19 April 2007, the Grand Chamber of European Court of Human Rights considered the scope of the right to a fair hearing in the context of civil proceedings, with particular reference to the acceptable length of proceedings and the necessity of an oral hearing.
Detailed case note.
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.
In a series of recent cases, the European Court of Human Rights has found conditions of detention in prisons to be incompatible with the prohibition of torture and other cruel, inhuman or degrading treatment or punishment enshrined in art 3 of the European Convention on Human Rights.
Detailed case note on the cases of Andrey Frolov [...]
The European Court of Human Rights has found a violation of art 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights on account of the authorities’ failure to provide a prisoner with medical care appropriate to his conditions.
Detailed case note.
On 13 November 2006, the UN Human Rights Committee further elaborated on what constitutes arbitrary detention for the purposes of art 9(1) of the ICCPR, finding that there must be ‘appropriate justification’ for continued mandatory detention in light of the circumstances of the particular case. It further re-affirmed its view that, pursuant to art 9(4), [...]
In this decision, the UN Human Rights Committee found Australia in breach of the right to freedom of expression and commented on the human rights implementation obligations of States and Territories.
Detailed case note.
This decision of the UN Human Rights Committee concerns Australia’s policy of mandatory immigration detention.
Detailed case note.
In March 2006, the UN Human Rights Committee (’HRC’) published a landmark finding concerning alleged breaches of articles 2(3) (right to an effective remedy), 7 (right to freedom from cruel, inhuman or degrading treatment or punishment), 10 (rights of persons deprived of their liberty) and 24 (right to adequate protection for children) of the International [...]
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