What Human Rights do for Justice - RightsInfo

What Human Rights do for Justice

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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
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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    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
    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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    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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    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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      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
        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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        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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        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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          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
          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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            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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              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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                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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                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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                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
                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
                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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                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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                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
                  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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                    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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                    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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                      What Human Rights do for Justice
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