Tag Archives: Court: European Court of Human Rights

Burton News & Staffordshire Newspape: PRIME Minister David Cameron should take back control of more than 100 crime and policing laws from the European Union, two Conservative MPs have said.

News from The Associated Press: Europe’s human rights court has rejected an invasion-of-privacy complaint by Monaco’s Princess Caroline – one of two potentially groundbreaking rulings Tuesday that uphold the media’s right to report on celebrities.

News from The Associated Press: British lawmakers from across the political spectrum voiced anger Tuesday at a court decision to release an imprisoned extremist cleric, saying the man described as one of Europe’s leading al-Qaida figures could be free during the London Olympics.

The GW Hatchet: Four Supreme Court justices and three European human rights judges will visit the GW Law School in March to discuss the judicial system’s role in protecting civil and political rights.

IrishCentral: An unaccountable European elite is ignoring the basic principles of democracy and betraying the founding vision of the EU.

TheBureauInvestigates.com: For many the mention of the Court of Human Rights conjures up the image of complex cases dealing with genocide, war atrocities and tyrannical dictatorships, not the legal wranglings of aggrieved celebrities, disgruntled drug dealers or convicted asylum seekers.

Christianity Today: It’s definitely a trend,” said Roger Kiska of the Alliance Defense Fund in Slovakia. “Two or three years ago, you never would have thought that within a year you would have three pro-life [victories] in the courts.”

The Christian Institute: A senior academic from the University of Oxford has said courts in the West are putting equality issues before the right to religious freedom.

The Guardian: Prime minister tells Council of Europe that controversial rulings undermine public confidence in rights court

Courthouse News Service: Hungarian officials violated citizens’ right to peaceful assembly by routinely refusing to authorize demonstrations and declaring the area in front of the Parliament in Budapest a “security operational zone,” the European Court of Human Rights ruled Tuesday.

News from The Associated Press: An extremist cleric described as one of Europe’s leading al-Qaida operatives should not be deported to face terrorism charges in Jordan because of the risk evidence obtained through torture would be used against him, Europe’s highest court ruled Tuesday.

Telegraph: Britain has lost three out of four cases taken to the European Court of Human Rights, new figures have shown.

Ceskapozice.cz (report contains graphic birthing images): Czech law unfairly denies coverage for homebirths, insurers don’t reimburse cost of hiring midwives, say women filing suit at ECtHR

How Appealing links to the ruling and several reports.

Mail Online: Human rights laws are being interpreted in a way that is ‘thoroughly bonkers’ – according to Britain’s own human rights chief.

The Government, in 40 pages of legal arguments, said the UK was “entitled to conclude” that “other than in limited prescribed circumstances, religious belief does not justify discriminating on grounds of sexual orientation”.

CSMonitor.com: The European Court of Justice overturned a Belgian court’s injunction in what experts say is a victory for Internet providers and users over proponents of tighter copyright controls online

Guardian.co.uk: The ICC may be here to stay, but more than words are needed to protect our growing system of international law

The Guardian: Lord Phillips and Lord Judge say judges need to be more critical as ECHR dealing too much with facts rather than principle.

Garcimartin, Carmen, Education in the Secular State: Whose Right is it? (November 4, 2011). International Journal of the Jurisprudence of the Family, Vol. 2, 2011 . Available at SSRN: http://ssrn.com/abstract=1954843

BioNews: IVF using donated eggs or sperm other than from a spouse will remain banned in Austria. This was the final decision made by the Grand Chamber of the European Court of Human Rights (the Court) on 3 November in the closing of the case SH and others v Austria.

Hurriyet Daily News: After a visit to jailed deputies in Silivri Prison, Kemal Kılıçdaroğlu, leader of the Republican People’s Party, says the judicial system in Turkey is ‘under the control of the political authority, and the prison in Silivri is a ‘concentration camp’

Lexology: The Human Rights Act 1998 has been in the news recently, with certain politicians and other commentators lamenting the fact that British courts are bound by European Court rulings. David Cameron appears to be leading the crusade. He plans to use the UK’s forthcoming chairmanship of the Committee of Ministers of the Council of Europe to spearhead a radical shake-up of the European Court of Human Rights. But, leaving aside those relatively rare cases where the European Court disagrees with what have been the accepted norms in the UK, such as for example whether prisoners should have the right to vote, what effect has the Human Rights Act had on decisions within the medical sphere?

Guardian.co.uk: fter months of wrangling over the influence of Europe on our human rights law, today the United Kingdom begins its 6-month chairmanship of the Council of Europe’s (CoE) committee of ministers. Among other things, the CoE supervises compliance with judgments of the European court of human rights.

Today the European Court of Human Rights delivered its judgment on the V. C. v. Slovakia case (no. 18968/07), founding a violation of article 3 and 8 (prohibition of inhuman and degrading treatment and right to respect for private and family life) of the Convention and considering that it is not necessary to examine separately the complaint under article 12 (right to marry and to found a family) of the Convention . . .

Todays Zaman: The European Court of Human Rights (ECtHR) has found the Turkish government guilty of failing to carry out an effective investigation in the case of a transgender woman who was harassed by a police officer.

Daily Mail Online: The newest Supreme Court judge yesterday accused the European Court of Human Rights of riding roughshod over democracy. Jonathan Sumption QC said the Strasbourg human rights judges had tried through their rulings to set down ‘a template for most aspects of human life.’

LifeNews.com: Yesterday,the Grand Chamber of the European Court of Human Rights (ECHR) has delivered its final judgment in the case of S. H. and others v. Austria (application no. 57813/00), reversing a prior judgment, and deciding that the Austrian ban on using sperm and ova donations for in vitro fertilisation (heterologous IVF) respects the European Convention on Human Rights, and in particular is not in breach of the right to respect for private and family life (Article 8 of the Convention).

Wesley J. Smith at Secondhand Smoke | A First Things Blog: This is why I am heartened by the UCHR’s ruling that upholds Austria’s law banning the use both donated eggs and sperm in an IVF attempt in order to allow a couple to bear a genetically unrelated child.

WorldNetDaily: hat word had come from officials with the Home School Legal Defense Association, which along with the Alliance Defense Fund already has elevated the dispute involving Christer and Annie Johannson and their son, Domenic, of Sweden to the European Court of Human Rights.

The Volokh Conspiracy: So held the European Court of Human Rights in Altuğ Taner Akçam v. Turkey (Oct. 25, 2011), a case brought by a professor who had been subject to prosecutions (brought by individuals) under the law based on his work on the Armenian genocide. An excerpt from the court’s reasoning . . .

Deseret News: “When does human life begin?” That question was answered in a European court of justice this week (Oct. 19). The judgement (Brustle vs. Greenpeace) recognizes the beginning of human life at “all stages of the development of human life, beginning with the fertilization of the ovum.”

Guardian.co.uk: Under government plans, countries would not only implement human rights law but interpret it – and decide if they complied

BBC News – : Ministers have said attempts to reform the European Court of Human Rights will “take time” as the UK must persuade 46 other nations of the need for change.

The Guardian: Rulings from Strasbourg human rights court ‘sometimes too narrow’ and interpretations are disputed

Daily Mail Online: Another day, and another outrage from the European Court of Human Rights – but not of the traditional variety. Instead of rapists allowed to stay in Britain because of their family life rights, or compensation for terror suspects, or indeed votes for prisoners, we have an intriguing little tale involving the wife of one of the Strasbourg judges.

LifeNews.com: You may or may not have heard that recently a European Union court has ruled that the extraction of embryonic stem cells cannot be patented because it destroys a human embryo.

C-Fam.org: The Grand Chamber of the European Court of Justice issued a ruling this week banning patents of stem-cell technologies based on destruction of human embryos. Some are hailing the decision as an incremental yet important legal step towards international protection all unborn human life.

National Secular Society: We were motivated to intervene because we were convinced that the outcome of the case was likely to have a profound effect on the future of Human Rights in theUK, and probably also in Europe. Another intervener, coming from a rather different perspective, the (American) Alliance Defense Fund goes even further. It considers it is “stand[ing] in defense of religious freedom in the United Kingdom in cases that — if they are decided the wrong way — could have a negative impact on your religious liberty here in the United States”.

Mail Online: The European Human Rights system grants foreign murders the right to have a family life but it is powerless to deal with the real evils of a show-trial of a former Prime Minister in the ex-Soviet state of Ukraine. This Ukranian episode clearly demonstrates the toothlessness of European human rights system to bring about any real and effective civil liberties in the countries that need it the most.

LifeSiteNews.com: At the hearing, Minister Shatter reiterated the stance taken by the government in its National Report to the UN UPR Working Group, when he said that the European Court of Human Rights found that there was an absence of effective procedures to establish a right to termination in Ireland. He added that “Ireland is committed to ensuring that the judgment in this case is implemented expeditiously”.

Findlaw: The European Court of Human Rights has ruled that France did not violate financier George Soros’ rights when convicting him of insider trading.

Guardian.co.uk: The global trend suggests a gradual shift towards the decriminalisation of assisted suicide

Mary Honeyball at Public Service Europe: Finally, the organisation works in a realm where the notion of human rights varies wildly – depending on which country you are in. Some places do not have much of a tradition in upholding human rights, while the UK has one of the best records. With different standards, it makes the playing field somewhat uneven and difficult to monitor. And, I should imagine, it is a real problem within the ECHR. Every country can better its human rights standards, including the UK – which McDonald fails to see.

Guardian.co.uk: European court of human rights says removal would breach right to family life in ruling that could curtail Home Office powers.

CatholicHerald.co.uk: Archbishop Peter Smith of Southwark has said the British courts are wrongfully penalising Christians through an “incorrect interpretation” of human rights laws.

The Irish Times: embers of the Council of Europe’s committee of ministers from 47 member states are meeting this week to examine the Government’s measures to implement the court’s ruling. All court judgments are binding on the member state.

Guardian.co.uk: he justice secretary believes member states, not Strasbourg, should take responsibility for compliance with the convention

LifeNews.com: This case, brought before the Court on September 20th 2010, concerns an Italian couple, asymptomatic carriers of cystic fibrosis, wishing to resort to pre-implantation genetic diagnosis (PGD) to conceive in vitro and artificially select an embryo that doesn’t carry cystic fibrosis.

William Saunders at The Federalist Society: Before the European Court of Human Rights (“ECHR” or “the Court”) delivered its decision in the case of A. B. and C. v. Ireland (“ABC” or “ABC v. Ireland”) on December 16, 2010, there had been widespread speculation as to the potential breadth of the decision and its implications for the sovereignty of nation states that are members of the Council of Europe. Such speculation was encouraged by the fact that instead of being heard by a single Chamber of the ECHR, the case had been referred to the Grand Chamber, composed of all judges of the ECHR, and by the fact that the Court took longer than it normally does to issue its opinion…

BBC News – : Too many trivial cases are being sent to the European Court of Human Rights (ECHR), according a group of experts. The independent commission set up to consider a UK Bill of Rights has urged the government “to set the ball rolling on fundamental reforms” to the ECHR.

ADF Attorney Roger Kiska on the Zeb Bell Show to discuss pending religious discrimination litigation in the Europe. | MP3 audio 12:06 mins

New Europe: The first results of the new system aimed at speeding up the processing of cases at the European Court of Human Rights (ECHR) have proved positive.

Care2 Causes: The self-described Christian Legal Group the Alliance Defense Fund has been given permission by the European Court of Human Rights to intervene in four British appeal cases where religious rights have butted heads with the UK’s equality laws that, among other protections, allow gay rights to be given more weight than religious expression in the public sphere. [whole article focuses on ADF]

ADF President and General Counsel Alan E. Sears at TellADF Blog: It’s an extraordinary breakthrough – a remarkable opportunity for the Alliance Defense Fund to stand in defense of religious freedom in the United Kingdom in cases that – if they are decided the wrong way – could have a negative impact on your religious liberty here in the United States.
On August 12, the European Court of Human Rights (ECHR) granted ADF permission to intervene in four rights of conscience (“freedom to disagree”) cases originating in the UK . . .

PinkNews.co.uk (“the premier LGBT news outlet in the UK and beyond”): The Alliance Defense Fund has obtained permission from the European Court of Human Rights to intervene in a total of four appeal cases. All four involve British people who claim to have suffered religious discrimination.

WorldNetDaily: Harrold-Claeson has been involved in some of the most notorious child-custody cases, including the case of Domenic Johansson in Sweden. Her involvement so alarmed local judicial officials that they ordered the Johansson family to be represented by an attorney of the court’s choosing instead of Harrold-Claeson. That case is pending before the European Court of Human Rights, where the Home School Legal Defense Association and the Alliance Defense Fund, an international civil and religious rights organization, are arguing Domenic needs to be returned to his parents.

Religion Clause: Last month, Britain’s Equality and Human Rights Commission announced that it had petitioned to intervene in four religious discrimination cases being appealed to the European Court of Human Rights, all involving attempts by employees to obtain accommodation of their Christian religious practices or beliefs. The Commission suggested that it would urge the court to adopt a principle of reasonable accommodation.

National Secular Society: A conservative American religious group has been given leave to intervene in the appeal to the European Court of Human Rights in cases concerning alleged religious discrimination. The Alliance Defense Fund (ADF) has obtained permission from the European Court of Human Rights in Strasbourg to intervene in four cases involving British people who claim to have suffered religious discrimination.

AP at Findlaw: The European Court of Human Rights ruled that the people filing the lawsuits – a former spokesman for a Geneva mosque and several Swiss Muslim groups – couldn’t claim to be victims.

A landmark ruling by the European Court of Human Rights (ECHR) for the first time explicitly recognizing the right to conscientious objection to military service . . .

Religion Clause: Dutch right-wing politician Geert Wilders was acquitted by an Amsterdam court yesterday of charges of group defamation against Muslims, and incitement to hatred and discrimination against Muslims based on their religion and race . . . Now lawyers for those who filed complaints against Wilders are considering taking the case to the United Nations Human Rights Council or to the European Court.

LifeSiteNews.com: The European Court of Human Rights (ECHR) has told the British government that they must clarify the rights of Christians with regard to the recently installed “equalities” laws.

Christian Concern: In a significant legal development, the European Court of Human Rights (ECHR) has requested that the British Government state whether they believe that the rights of Christians have been infringed in recent cases where individuals have been penalised for expressing their faith in the workplace.

Telegraph: A major split has emerged between Alex Salmond and his Justice Minister after the First Minister said he would not withhold funding from the UK Supreme Court.

LifeNews.com: Polish sovereignty to limit abortion is under strong political pressure from supranational bodies,” Grégor Puppinck of the European Center for Law and Justice told the Friday Fax. Puppinck was commenting on the recent ruling from the European Court of Human Rights on the case R.R. v Poland . . .

ADF President and General Counsel Alan Sears at Baptist Press: Perspective is an interesting thing. For many on the left, Europe is the continent of ultimate sophistication, where they’ve outgrown such social drudgeries as Christianity, faith and religious freedom. For many on the right, Europe is a hotbed of cultural atheism, and all too indulgent of the sophistries of socialism and secularism. Mere weeks ago, a critical decision from the Grand Chamber of the European Court of Human Rights gave pause to both those perceptions.

“In a precedent-setting move, Europe’s highest court ruled Tuesday that couples in same-sex civil unions deserve the same retirement benefits as those who are married.”

Telegraph: The Strasbourg-based European Court has been heavily criticised for a range of judgements which appear to overrule the United Kingdom Parliament, including the granting of votes to prisoners and an extension of privacy laws which paved the way for super injunctions.

Chuck Colson at Breakpoint via Crosswalk: The case has been widely viewed as a crucial one. As Roger Kiska of the Alliance Defense Fund put it, “A loss in this case would have meant, in essence, that it would be illegal under the European Convention on Human Rights to have religious symbols in any institution anywhere in Europe.” Before you start celebrating, though, you ought to know that this may be a very mixed blessing. When you take a close look at the court’s reasoning, it becomes clear that there are some disturbing implications to this ruling.

AGI News: “A full 27 percent of cases pending at the European Court of Human Rights concern Italy.”

Washington Post: France would need to demonstrate terrorist threat overides women’s right to veil the face for religious reasoons . . .

Irish Times: Those in favour of the denominational nature of the Irish system have been heartened by last month’s ruling by the European Court of Human Rights in the Lautsi case.

Radio Netherlands: The European Court of Human Rights is making too many inroads on democratically agreed legislation.

LifeSiteNews: “Natural marriage and the family are facing yet another attack through the European Court of Human Rights, which has agreed to hear a case next week on homosexual adoption in France.”