What Human Rights do for Justice - RightsInfo

What Human Rights do for Justice

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TOP 50
50 Cases
UK
2001

You can’t be detained without medical proof of why

Related European Convention Articles

If you’re detained by the state because you are mentally ill, the reason for your detention must be regularly reviewed. It wasn't for detained mental health patients to demonstrate why they should be released - the treating clinicians should have to justify continuing detention. The law was later changed.

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    Justice
    2014
    UK

    Everyone deserves access to justice – that means legal aid where necessary

    Related European Convention Articles

    In this decision, the right to legal aid is discussed by the court. It is established that in some cases, in order for access to justice to be achieved, legal aid must be granted when there would be an obvious unfairness.

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      Justice
      2013
      UK

      A criminal defendant had to take her veil off to give evidence in court

      Related European Convention Articles

      A female defendant in a criminal case did not want to take off her face veil in front of men who were not in her family. The judge ruled she must take it off to give evidence and be identified.

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      TOP 50
      50 Cases
      2013
      UK

      Trafficked children are victims, not criminals

      Related European Convention Articles

      Victims of trafficking were forced into illegal work. A young boy was forced to cultivate cannabis, and a woman promised child-minding work was forced into prostitution. Their history of trafficking should have been taken into account.

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      Health
      2002
      Europe

      Authorities must consider carefully detention of seriously ill prisoners

      Related European Convention Articles

      The applicant's continued detention whilst his health was deteriorating breached the State's duty to protect prisoners from distress or hardship beyond that which you would normally expect in prison.

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      TOP 50
      50 Cases
      1995
      Europe

      The security services can’t shoot to kill without good reason

      Related European Convention Articles

      The SAS shot dead IRA members in Gibraltar. They suspected the men of planning a terrorist attack. The court criticised the planning of the attack. There were other options apart from shooting to kill.

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        TOP 50
        50 Cases
        1989
        Europe

        Risk of inhuman death row conditions stopped this man’s extradition

        Related European Convention Articles

        A German man faced extradition to the US on charges of murder, an offence that potentially carries the death penalty.The risk of the inhuman conditions of death row stopped his extradition.

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          Justice
          2012
          Europe

          The UK is not doing enough to combat domestic slavery

          Related European Convention Articles

          A Ugandan woman was forced to work, without breaks or time off, as a live-in carer for an elderly couple. She won her case as the UK had failed to provide proper protection against slavery and forced labour. The European Court criticised the fact that the UK does not have a specific law criminalising domestic slavery and human trafficking. This case led to the Modern Slavery Bill 2014-15.

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          Children
          2002
          Europe

          If child access is jeopardised, parents must have legal representation

          Related European Convention Articles

          Parents were denied legal representation at a hearing to free their child for adoption. This breached their rights to a fair hearing and respect for family life, as the importance and complexity meant they should have legal representation.

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            Disability
            2003
            Europe

            People with mental illness must be able to challenge their detention

            Related European Convention Articles

            A detained man with an untreatable mental illness was refused discharge. His right to challenge the lawfulness of his detention was breached by delayed review and making him prove he should no longer be detained.

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              Health
              2003
              Europe

              Governments must look after ill people in prison

              Related European Convention Articles

              A heroin addict died in prison, having suffered severe withdrawal symptoms. Her children complained of inhuman and degrading treatment. The Court agreed and held states to be under a duty to ensure detainees were held in conditions compatible with human dignity.

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              Disability
              2012
              Europe

              The police must protect vulnerable people from unnecessary detention

              Related European Convention Articles

              A man was detained by the police for four days when he urgently needed psychiatric care. He got damages as this was an affront to human dignity and amounted to degrading treatment.

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                Disability
                2005
                Europe

                Detention for mental health patients must be reviewed quickly

                Related European Convention Articles

                A woman was detained in hospital for over a year after the Mental Health Review Tribunal directed her conditional release. Her right to liberty entitled her to have the lawfulness of that detention determined by a court promptly.

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                  Justice
                  2012
                  Europe

                  Abu Hamza and others can be extradited to the US

                  Related European Convention Articles

                  Abu Hamza and four others, wanted for terrorist activities in the US, can be deported regardless of their argument that doing so would mean they would likely receive extremely long sentences in "super-max" prisons which could amount to inhuman and degrading treatment.

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                  TOP 50
                  50 Cases
                  1978
                  Europe

                  ‘Deep interrogation’ techniques are inhuman and degrading

                  Related European Convention Articles

                  IRA members were arrested and detained in the UK. They were subjected to "stress techniques" such as wall-standing, hooding, sleep and food deprivation. This caused physical and psychiatric suffering. The European Court said this was torture and inhuman/degrading treatment.

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                    TOP 50
                    50 Cases
                    2001
                    UK

                    We’ve a right to private legal correspondence, even in jail

                    Related European Convention Articles

                    Prisoners have a right to private correspondence with their lawyers. Prison officers were reading prisoners' letters before them and without them being present. This breached their human right to privacy.

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                      Health
                      2009
                      Europe

                      Prison medical officers can’t interfere in private correspondence

                      Related European Convention Articles

                      The applicant served his prison sentence after suffering a brain haemorrhage and was required to attend hospital for every six months. He complained that the prison medical officer read his medical correspondence. The Court agreed this was an unjust interference with his right to correspondence.

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                      TOP 50
                      50 Cases
                      1996
                      Europe

                      You can’t be sent to a real risk of torture

                      Related European Convention Articles

                      The deportation of a Sikh separatist to the Punjab where he would more than likely face torture due to his political beliefs and actions, was prohibited. The Court emphasised that everyone is protected from torture, even suspected terrorists.

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                        Justice
                        2015
                        UK

                        Victims of domestic violence are entitled to police protection

                        Related European Convention Articles

                        A woman's family claimed against the police because they had not responded to her calls for help when threatened by her extremely violent and threatening ex-boyfriend. He killed her. They won their case.

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                        Justice
                        2011
                        UK

                        Retention of DNA evidence by police is unlawful

                        Related European Convention Articles

                        Two people who had been charged with a crime but later acquitted complained that the Police where still holding onto their DNA. They won. Guidelines which say that DNA evidence can only be destroyed in "exceptional circumstances" must be subject to their right to privacy.

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                        Justice
                        1990
                        Europe

                        Long-term prisoners must have their sentences regularly reviewed

                        Related European Convention Articles

                        Two prisoners with life sentences claimed that they should have the right to have their claim periodically reviewed. They won - after a certain period, the right to liberty ensures that a sentence must be periodically reviewed.

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                          TOP 50
                          50 Cases
                          2012
                          Europe

                          Everyone has protection from torture and unfair trial, including terrorists

                          Related European Convention Articles

                          Abu Qatada was at risk of being prosecuted using evidence obtained by torture, contrary to his to a fair trial. He was eventually deported after Jordan amended its constitution to stop the use of torture evidence.

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                          TOP 50
                          50 Cases
                          2008
                          Europe

                          Police can’t keep DNA of acquitted people forever

                          Related European Convention Articles

                          The police were taking DNA profiles of individuals arrested for recordable offences, even if people were acquitted. They wanted the samples destroyed. The Court found the policy and refusal to destroy the samples was a violation of the applicants' right to respect for private life.

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                          TOP 50
                          Justice
                          2004
                          UK

                          You can’t detain foreigners without charge forever

                          Related European Convention Articles

                          After 9/11, the government started imprisoning suspected terrorists indefinitely without a criminal charge or conviction. This breached the right to liberty. We ended this practice of detention without trial.

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                          What Human Rights do for Justice
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