What Human Rights do for Justice - RightsInfo

What Human Rights do for Justice

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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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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
    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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    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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    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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    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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      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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      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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        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
        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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          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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          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
          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
          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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          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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          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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            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
              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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                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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                  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
                  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
                  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
                  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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                    What Human Rights do for Justice
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