What Human Rights do for Justice - RightsInfo

What Human Rights do for Justice

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Justice
2014
Europe

Prosecuting a naked rambler doesn’t breach his human rights

Related European Convention Articles

Stephen Gough was attempting to walk naked from from one end of the country to the other. He was stopped by the authorities and prosecuted. The European Court said this wasn't a breach of his right to free expression.

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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
      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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      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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      Justice
      1996
      Europe

      Suspects mustn’t be forced to self-incriminate

      Related European Convention Articles

      During the investigation, the police tried to force the accused to either answer questions which would incriminate him or be in contempt of court. He won his case as this was held to be in breach of the right to a fair trial and evidence has to be sought without coercion.

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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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        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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          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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          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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          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
          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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            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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            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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              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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                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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                Justice
                2013
                UK

                European Union law doesn’t give prisoners the right to vote

                Related European Convention Articles

                Two prisoners claimed that not having a right to vote was in conflict with their rights under European Union law (which is separate from European Convention law). The UK Supreme Court disagreed.

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                TOP 50
                50 Cases
                1975
                Europe

                Prisoners must be able to contact their solicitors

                Related European Convention Articles

                A prisoner was stopped from writing a letter to his solicitor. He wanted to make make a libel claim against a prison guard. He won his case. Not being allowed to contact a solicitor was a violation of the right to fair trial.

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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
                    UK
                    2013

                    The media can disclose identity of triple murderer

                    Related European Convention Articles

                    A convicted child murderer challenged a decision to allow the media to report details of his offence. He argued that this resulted in threats and attacks which threatened his right to life, and freedom from degrading treatment. He lost as the public interest in knowing these facts outweighed his concerns.

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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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                      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
                        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
                          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
                          2005
                          Europe

                          You can’t ban every prisoner from voting

                          Related European Convention Articles

                          A blanket ban on prisoners voting, without regard to the gravity of the crime, or individual circumstances, breaches the fundamental principle of free and fair elections. And it undermines democracy.

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                            What Human Rights do for Justice
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