What Human Rights do for Justice - RightsInfo

What Human Rights do for Justice

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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
    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
      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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        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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          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
            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
            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
              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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              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
              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
                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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                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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                  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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                  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
                    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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                      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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                        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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                        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
                        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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                          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
                          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
                          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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                          What Human Rights do for Justice
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