What Human Rights do for Justice - RightsInfo

What Human Rights do for Justice

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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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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
    1996
    Europe

    Being effectively defended by a lawyer is fundamental to a fair trial

    Related European Convention Articles

    John Murray had been arrested in Ireland on suspicion of terrorism. The case was primarily about the right to remain silent, but the court used it as an opportunity to reiterate that proper access to a lawyer is a fundamental element of the right to a fair trial.

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      Disability
      2012
      Europe

      Mrs Reynolds got compensation after her son died in psychiatric care

      Related European Convention Articles

      A mother complained that she had no access to compensation for the grief and distress caused by the untimely death of her son whilst he was in psychiatric care. She was awarded damages for violation of the right to a remedy and the right to life.

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        Justice
        2012
        UK

        Sole carer mothers in prison should usually get childcare leave

        Related European Convention Articles

        Mothers who are sole carers of their children and are within two years of their release date should sometimes be given child care leave, allowing them to spend up to three days a week with their children. The prison authorities had been acting too inflexibly.

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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
        2012
        Europe

        You can’t be imprisoned indefinitely without a chance of getting out

        Related European Convention Articles

        An "indeterminate" prison sentence means people can be in prison forever unless they demonstrate they are safe for release. But that meant they needed to be given reasonable opportunity to prove they had become safe for release.

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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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        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
        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
          1772
          UK

          Slavery is odious

          Related European Convention Articles

          A slave escaped then was imprisoned by his "master" on a ship bound for Jamaica, where he would be sold. Lord Mansfield ordered his release and said there was no support for slavery in English law: "The state of slavery...is so odious, that nothing can be suffered to support it". A key moment for the abolition movement.

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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
          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
            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
            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

              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
              2011
              Europe

              Even the Army can’t imprison without charge forever

              Related European Convention Articles

              Mr Al-Jedda was suspected of terrorism. He was detained by British forces in Iraq for over three years without charge or trial. This breached his human rights, even though it happened abroad.

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              TOP 50
              50 Cases
              2012
              Europe

              “Whole life” sentences must be reviewable

              Related European Convention Articles

              Three murderers argued that their life sentences with no hope of a review and reduction was inhuman. The court agreed, but found that none of the prisoners' sentences should be reduced. The case was later overturned: the UK's whole life sentences don't breach human rights

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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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                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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                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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                Children
                1995
                Europe

                Parents can access info related to their child’s case

                Related European Convention Articles

                Parents of a child taken into care were not allowed to see documents referred to at a hearing to determine care provisions and access to their son. This breached their rights to a fair hearing and respect for family life.

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                  Justice
                  1997
                  Europe

                  Personal phone calls in the workplace can’t be intercepted

                  Related European Convention Articles

                  A police officer had her personal phone calls at work intercepted by her bosses. The European Court of Human Rights found this was a breach of her right to privacy. Shortly afterwards, the UK government criminalised intercepting phonecalls on a private network (this led to the 'phone hacking' scandal).

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                  What Human Rights do for Justice
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