Human Rights Case Summaries

ACT Supreme Court clarifies the principles applicable to the determination of 'unreasonable delay'

R v Adam Tony Forsyth [2013] ACTSC 179 (31 October 2013)

The Supreme Court of the Australian Capital Territory has refused to grant a stay of proceedings to an accused facing prosecution, on the basis that, while the accused suffered unreasonable delay in having the matter brought to trial, the prosecution had not acted unlawfully in continuing to pursue the case.

The decision also makes clear that it is not necessary for a party to demonstrate that they suffered prejudice in order to establish that there has been an unreasonable delay in bringing them to trial. Rather, this will be a factor relevant to the determination of an appropriate remedy.

MichelleBennett31 October 2013Human Rights Law & Institutions

VCAT finds breach of the Charter in recent discrimination case

Slattery v Manningham City Council (Human Rights) [2013] VCAT 1869 (30 October 2013)

The Victorian Civil and Administrative Tribunal (VCAT) found that a Council directly discriminated against a resident in the area of goods and services on the grounds of disability contrary to the Equal Opportunity Act 2010 (the EOA). In doing so the VCAT found that the exceptions under the EOA of statutory authority and health and safety were not made out. Further the VCAT found that the Council’s actions had breached the Charter of Human Rights and Responsibilities Act 2006 (the Charter). The Applicant was represented by Victoria Legal Aid’s Equality Law Program.

MichelleBennett30 October 2013Discrimination & Equality, Disability & Mental Health

Prisoners entitled to have their date of release determined by the law in force at the time of sentencing

Del Rio Prada v Spain [2013] ECHR 307, Application no. 42750/09 (21 October 2013)

The Grand Chamber of the European Court of Human Rights held that the extension of the final release date of a person convicted of terrorist offences, on the basis of a new approach adopted by the Supreme Court of Spain after she had been sentenced, amounted to punishment without legal basis (article 7) and a violation of her right to liberty (article 5).

MichelleBennett21 October 2013Counter-terrorism

Open justice may prevail over the best interests of a child and the right to privacy and family

R (On the application of Stephen Fagan) v Secretary of State for Justice and Times Newspapers Ltd & Ors [2013] EWCA Civ 1275 (21 October 2013)

The UK Court of Appeal has held that potential breaches to the right to family and privacy are not necessarily sufficient to justify a derogation from the principle of open justice in the courts. Depending on the circumstances of the case, the principle of open justice may prevail even where it is against the best interests of a child.

MichelleBennett21 October 2013Child Rights, Privacy, Prisoner Rights

UK Supreme Court leaves decision on prisoner voting rights to parliament

R (on the application of Chester) v Secretary of State for Justice [2013] UKSC 63 (16 October 2013)

Two prisoners serving life sentences for murder claimed that their rights had been infringed by reason of their prohibition from voting in elections. The United Kingdom Supreme Court unanimously dismissed both appeals.

MichelleBennett16 October 2013Prisoner Rights, Democratic Freedoms, Human Rights Law & Institutions

DNA collection a legitimate interference with privacy rights

R (on the application of R) v A Chief Constable [2013] EWHC 2864 (Admin) (24 September 2013)

The UK High Court of Justice held that the power to demand a non-intimate sample from an individual previously convicted of serious offences without that individual’s consent was a proportionate interference with the right of respect for that person’s private life.

MichelleBennett15 October 2013Privacy, Human Rights Law & Institutions

Human rights no remedy for penned protestors

Wright v Commissioner of Police for the Metropolis [2013] EWHC 2739 (11 September 2013)

The High Court of Justice found that the containment of protestors in a “pen” for 75 minutes was not unlawful under either the common law or the Human Rights Act 1998 (UK).

MichelleBennett15 October 2013Democratic Freedoms, Human Rights Law & Institutions

High Court upholds mandatory minimum sentencing for people smugglers

Magaming v The Queen [2013] HCA 40 (11 October 2013)

The High Court has dismissed an appeal regarding a mandatory minimum sentence imposed under the Migration Act 1958 (Cth), highlighting a gap in human rights protection under Australian law.

MichelleBennett11 October 2013Refugee & Asylum Seeker Rights, Foreign Policy, Human Rights Law & Institutions

The right to life and the requirement to properly investigate death

Antoniou, R (on the application of) v Central and North West London NHS Foundation Trust & Ors [2013] EWHC 3055 (Admin) (10 October 2013)

This decision of the England and Wales High Court (Administrative Court) considered the scope of a State's procedural obligation to investigate a detained patient’s death, derived from article 2 (right to life) of the European Convention for the Protection of Rights and Fundamental Freedoms.

MichelleBennett10 October 2013Disability & Mental Health, Human Rights Law & Institutions

European Court of Human Rights examines the entitlement to freedom of speech

Delfi AS v Estonia [2013] ECHR, Application No. 64569/09 (10 October 2013)

The European Court of Human Rights has held that the imposition of responsibility on a news portal company for news article comments written by non-registered users is a justified and proportionate restriction on its right to freedom of expression.

MichelleBennett10 October 2013Foreign Policy, Democratic Freedoms

The UK Court of Appeal considers the relevance of article 8 of the ECHR to the statutory power to deport foreign criminals

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192 (8 October 2013)

The United Kingdom Court of Appeal held that paragraphs 398, 399 and 399A of the Immigration Rules (UK) provide a complete code for establishing when a “foreign criminal” may be deported from the UK in compliance with the right to respect for private and family life under the European Convention on Human Rights.

MichelleBennett8 October 2013Privacy, Prisoner Rights, Human Rights Law & Institutions, Foreign Policy

Criminalising consensual sex between young people breaches their rights to privacy and dignity

Teddy Bear Clinic for Abused Children v Minister for Justice and Constitutional Development [2013] ZACC 35 (3 October 2013)

The Constitutional Court of South Africa has found that laws criminalising consensual sex between young people are unconstitutional. The Court held the laws unjustifiably violate the dignity and privacy of young people and are not in the best interests of the child.

MichelleBennett3 October 2013Privacy, Child Rights

Aboriginality, disadvantage and sentencing

Bugmy v The Queen [2013] HCA 27 (2 October 2013)

After considering the impact of Aboriginality on sentencing for the first time in 30 years, the High Court found that the fact that Aboriginal Australians “as a group are subject to social and economic disadvantage measured across a range of indices” says “nothing about a particular Aboriginal offender” but held that a background of social deprivation remains a relevant consideration for repeat offenders.

MichelleBennett2 October 2013Prisoner Rights, Aboriginal & Torres Strait Islander Peoples' Rights

South Africa to review absolute confidentiality of asylum applications after decision on freedom of expression

Mail and Guardian Media Limited and Others v Chipu N.O. and Others Case CCT 136/12 - [2013] ZACC 32 (27 September 2013)

The Constitutional Court of South Africa has upheld a challenge to the constitutionality of section 21(5) of the Refugees Act, which provides for the absolute confidentiality of asylum applications in South Africa. The Court declared that the absolute confidentiality of asylum applications was an unjustifiable limitation on the constitutional right to freedom of expression and gave Parliament two years to remedy the defect in the legislation. In the interim, the Refugee Appeal Board (RAB) has been given a discretion to allow third parties access to hearings in particular circumstances.

MichelleBennett27 September 2013Refugee & Asylum Seeker Rights, Privacy

Limiting prisoners’ right to vote

Case of Soyler v Turkey, [2013] ECHR, Application No. 29411/07 (17 September 2013)

The European Court of Human Rights has held that Turkish laws which disenfranchise those convicted of intentional crimes are automatic and indiscriminate and thus a violation of article 3 of the European Convention on Human Rights.

MichelleBennett17 September 2013Prisoner Rights, Democratic Freedoms

Amendments to the Canadian Mental Health Act found not to breach the right to liberty and security of the person

Thompson and Empowerment Council v Ontario, 2013 ONSC 5392 (12 September 2013)

The Ontario Superior Court of Justice has ruled that legislation introducing a community treatment order regime and expanding the circumstances in which a person with a mental illness can be involuntarily detained, submitted to a psychiatric assessment and admitted to a psychiatric facility, do not breach the Canadian Charter of Human Rights and Freedoms.

MichelleBennett12 September 2013Disability & Mental Health

Smoking bans can breach human rights

CM, Re Judicial Review [2013] ScotCS CSOH_143 (27 August 2013)

This case concerns the judicial review of a smoking ban imposed at the State Hospital of Scotland. Relying on articles 1, 8 and 14 of the European Convention on Human Rights, the Court concluded that it was unlawful to prevent a person detained at the Hospital (a psychiatric patient) from smoking outside in the grounds of the Hospital.

MichelleBennett27 August 2013Disability & Mental Health, Human Rights Law & Institutions

Australia’s indefinite, non-reviewable detention of refugees on security grounds violates international law

F.K.A.G. et al. v Australia, UN Doc CCPR/C/108/D/2094/2011 (23 August 2013)

The UN Human Rights Committee found that Australia violated articles 7 and 9(1), (2) and (4) of the International Covenant on Civil and Political Rights by indefinitely detaining refugees subject to adverse security assessments without adequate reasons, review rights or individualised consideration of less intrusive options.

MichelleBennett23 August 2013Refugee & Asylum Seeker Rights

Lawsuit for unconstitutional sex assignment surgery to proceed in US federal court

M.C. v Aaronson [2013] (22 August 2013)

The United States District Court for the District of South Carolina Charleston Division has held that a sex assignment surgery on a child with an intersex condition which removed the child’s ability to procreate may have violated the constitutional right to procreation. The defendants’ motions to dismiss the case were denied and the plaintiff’s motion for expedited discovery was granted. This case has not yet proceeded to summary judgment.

MichelleBennett22 August 2013Child Rights, Health

Court of Appeal examines Charter impact on statutory interpretation and the exercise of judicial discretion

Nigro v Secretary to the Department of Justice [2013] VSCA 213 (16 August 2013)

The Victorian Court of Appeal has considered the effect of the Charter of Human Rights and Responsibilities Act 2006 (Vic) on statutory interpretation in the course of interpreting statutory provisions governing the making of supervision orders for serious sex offenders. In the context of an ambiguity in a provision and two open constructions that were consistent with the provision's text and purpose, the Court applied the principle of legality and section 32 of the Charter to adopt the interpretation more compatible with an offender's rights to freedom and autonomy.

MichelleBennett16 August 2013Human Rights Law & Institutions

Protection claims and evidence of the risk of persecution for homosexuality

M.I. v Sweden, UN Doc CCPR/C/108/D/2149/2012 (14 August 2013)

The United Nations Human Rights Committee found that the deportation of M.I., a Bangladesh national, by Sweden to Bangladesh would constitute a violation of article 7 of the International Covenant on Civil and Political Rights because of the risk to M.I. of torture and other cruel, inhumane or degrading treatment or punishment if she were returned to Bangladesh.

MichelleBennett14 August 2013LGBTI Rights, Discrimination & Equality, Foreign Policy, Human Rights Law & Institutions

Canadian Court strikes down minimum education requirement in voting legislation

Taypotat v Taypotat 2013 FCA 192 (13 August 2013)

The Canadian Federal Court of Appeal determined that a minimum education requirement under voting legislation breached the Canadian Charter of Rights and Freedoms by discriminating against the elderly and aboriginal peoples.

MichelleBennett13 August 2013Democratic Freedoms, Human Rights Law & Institutions, Foreign Policy, Aboriginal & Torres Strait Islander Peoples' Rights

Tweets criticising Government employer not constitutionally protected

Banerji v Bowles [2013] FCCA 1052 (9 August 2013)

The Federal Circuit Court of Australia (Court) has left open the possibility for a public servant who criticised the government on her anonymous Twitter account to be dismissed from her employment. The Court rejected the public servant's application for an injunction preventing her dismissal from the Department of Immigration and Citizenship (the Department) and confirmed that there is no unfettered or unlimited right to political expression in Australia.

MichelleBennett9 August 2013Democratic Freedoms

Court makes Protective Costs Order to reduce barriers to public interest litigation

Bare v Small [2013] VSCA 204 (9 August 2013)

The Victorian Court of Appeal granted an application for a Protective Costs Order (PCO) brought by Mr Nassir Bare. Mr Bare had brought an appeal against the orders of Williams J in the Victorian Supreme Court and applied for a PCO to limit his liability to pay costs in the event that the appeal was unsuccessful. The Court granted an order limiting recoverable costs to $5,000, following submissions by Youthlaw that they would be able to raise this amount to support Mr Bare’s appeal.

MichelleBennett9 August 2013Police, Human Rights Law & Institutions

Police detainee privacy rights breached by video monitoring toilet usage

Her Majesty The Queen v Stephanie Mok, 2014 ONSC 64 (2 August 2013)

The Ontario Superior Court of Justice held that videotaping a detainee using the toilet in a police cell was a breach of her right to be free from unreasonable search and seizure. However, this breach of her privacy did not warrant a stay of the criminal proceedings against her.

MichelleBennett2 August 2013Privacy, Prisoner Rights, Police

No defence of necessity in euthanasia cases, but clearer DPP policy required

Nicklinson, R (on the application of) v A Primary Care Trust [2013] EWCA Civ 961 (31 July 2013)

The England and Wales Court of Appeal (Court) declined to develop a defence of necessity where someone is accused of assisting suicide or murder in euthanasia cases. The Court also found that euthanasia related offences are not inconsistent with the right to private life under the European Convention on Human Rights (Convention). However, the Court built on an earlier decision requiring the Director of Public Prosecutions (DPP) to issue a policy setting out how the DPP will decide whether to prosecute a person for these offences, by finding that the consequences of these acts should be reasonably foreseeable to a person considering whether to assist suicide or euthanise.

MichelleBennett31 July 2013Health, Human Rights Law & Institutions

What degree of complicity in international crimes will lead to a person’s exclusion from refugee status?

Ezokola v Canada (Citizenship and Immigration) 2013 SCC 40 (19 July 2013)

The Supreme Court of Canada unanimously held that to lawfully exclude a person from the definition of refugee because of their membership of a group suspected of war crimes, crimes against humanity or other international crimes, there must be serious reasons for considering that the person has made a “voluntary, knowing, and significant contribution” to the group’s crime or criminal purpose.

MichelleBennett19 July 2013Refugee & Asylum Seeker Rights, Foreign Policy

Exclusion of pregnant students from schools undermines fundamental rights

Head of Department, Department of Education, Free State Province v Welkom High School and Another Case (CCT 103/12) [2013] ZACC 25 (10 July 2013)

The Constitutional Court of South Africa has ruled that school pregnancy policies that allow the automatic exclusion of pregnant students, violate students' constitutional rights to equality and a basic education and were not in the best interests of the students. The Court ordered that the policies be reviewed.

MichelleBennett10 July 2013Foreign Policy, Women’s Rights

Priests denied the right to form a trade union

Sindacutul 'Pastorul Cel Bun' v. Romania [2013] ECHR 64, (9 July 2013)

The European Court of Human Rights has ruled that preventing priests from forming a trade union in order to protect the autonomy of the Romanian Orthodox Church (Church) is consistent with the European Convention on Human Rights. Although the refusal to allow the priests to form a trade union was an interference with their freedom of association, it was considered to be necessary in a democratic society for the preservation of religious autonomy.

MichelleBennett9 July 2013Foreign Policy, Democratic Freedoms

European Court of Human Rights finds Lithuanian conjugal visit laws for persons on remand discriminatory

Varnas v Luthania, [2013] ECHR, Application no 42615/06 (9 July 2013)

The European Court of Human Rights held that Lithuanian laws concerning the rights of persons on remand to receive conjugal visits were discriminatory when compared to the same right of convicted persons serving a custodial sentence. The Court therefore found a violation of article 14 (prohibition on discrimination), in conjunction with article 8 (right to family life), of the European Convention of Human Rights.

MichelleBennett9 July 2013Prisoner Rights, Discrimination & Equality, Foreign Policy

Irreducible life sentence breaches article 3 of the European Convention

Vinter v United Kingdom [2013] ECHR, Applications nos. 66069/09, 130/10 and 3896/10 (9 July 2013)

The Grand Chamber of the European Court of Human Rights has held that the imposition of an irreducible sentence of life imprisonment breaches article 3 of the European Convention on Human Rights.

MichelleBennett9 July 2013Prisoner Rights, Foreign Policy

European Court of Human Rights rules that irreducible life sentences violate human dignity

Vinter and others v United Kingdom (Application nos. 66069/09, 130/10 and 3896/10) [2016] III ECHR 317 (9 July 2013)

In 2013, the European Court of Human Rights held that it is a violation of human dignity to deny life prisoners any prospect of release or review of their sentence.

HRLC Admin9 July 2013

Smoke-free hospital policy upheld by the New Zealand High Court

B v Waitemata District Health Board [2013] NZHC 1702 (8 July 2013)

Three applicants challenged a Waitemata District Health Board policy to prohibit smoking in its hospitals and surrounding grounds (Policy). The applicants argued that the Policy was inconsistent with the Board’s controlling legislation and the New Zealand Bill of Rights Act 1990 (Bill of Rights).

The New Zealand High Court dismissed the applicants’ claims, finding that the Board was lawfully exercising its powers consistent with its statutory framework. His Honour Justice Asher found no rights were limited by the Policy; however, he concluded that even if there were, these limitations would be justified in accordance with the Bill of Rights.

MichelleBennett8 July 2013Health

Russian denial of prisoner voting rights violates European Convention

Anchugov and Gladkov v Russia [2013] ECHR, Application Nos 11157/04 and 15162/05 (4 July 2013)

The European Court of Human Rights unanimously held that the Russian Federation’s laws denying prisoners the right to vote violated article 3 of Protocol 1 (right to free elections) of the European Convention on Human Rights.

MichelleBennett4 July 2013Democratic Freedoms, Prisoner Rights

US Supreme Court finds exclusion of same-sex marriage unconstitutional

United States v Windsor, No. 12-307 (US Supreme Court, 26 June 2013

The Supreme Court of the United States has found the Defense of Marriage Act (DOMA), which defined “marriage” and “spouse” as excluding same-sex partners, unconstitutional. The Court held DOMA to be a deprivation of the equal liberty of persons, which is protected by the Fifth Amendment to the United States Constitution.

MichelleBennett26 June 2013LGBTI Rights, Discrimination & Equality, Foreign Policy

Palm Island alcohol restrictions are “special measures”

Maloney v The Queen [2013] HCA 28 (19 June 2013)

The High Court has provided insight into the scope and operation of “special measures” under the Racial Discrimination Act 1975 (Cth) (RDA), holding that laws and regulations restricting the possession of alcohol on Palm Island were for the benefit of Aboriginal peoples. Contrary to statements of leading UN bodies such as the Committee on the Elimination of Racial Discrimination (UN Committee) and the UN Expert Mechanism on the Rights of Indigenous Peoples, the Court has found that special measures do not require either consultation with or the informed consent of an affected community.

MichelleBennett19 June 2013Health, Aboriginal & Torres Strait Islander Peoples' Rights

UK Supreme Court upholds legislative limitations on the right to a fair trial

Bank Mellat v Her Majesty's Treasury (No 1) [2013] UKSC 38 (19 June 2013)

A narrow majority of the UK Supreme Court has ruled that it is entitled to consider "closed materials", being materials only available to one party to a proceeding, in certain cases arising under the Counter-Terrorism Act 2008 (Act). The court, in coming to its decision, sought to balance the principles of open justice and a person's right to a fair trial with considerations of national security.

MichelleBennett19 June 2013Human Rights Law & Institutions, Counter-terrorism

State responsibility under European Convention extends to soldiers serving overseas

Smith v The Ministry of Defence [2013] UKSC 41 (19 June 2013)

The UK Supreme Court has held that British servicemen who died during service in Iraq were within the jurisdiction of the UK for the purposes of article 1 of the European Convention on Human Rights. Claims that the UK breached article 2 of the Convention by failing to implement a framework for protecting the lives of those servicemen were therefore not struck out by the Court. The Court, instead, required further facts to be examined and saved a determination on the issue for a later date.

MichelleBennett19 June 2013Human Rights Law & Institutions, Foreign Policy

Failure to take reasonable steps to promote representative jury a breach of the right to a fair hearing

R v Kokopenace, 2013 ONCA 389 (14 June 2013) (Ontario Court of Appeal)

The Ontario Court of Appeal has held that the government of Ontario's failure to take adequate steps to promote the inclusion of Aboriginal on-reserve residents in a pool of potential jurors amounted to a violation of the right to a representative jury owed to a defendant in a criminal trial, a right protected by the Canadian Charter of Rights and Freedoms.

MichelleBennett14 June 2013Human Rights Law & Institutions, Aboriginal & Torres Strait Islander Peoples' Rights

High Court finds orders in excess of jurisdiction are valid until set aside

State of NSW v Kable [2013] HCA 26 (5 June 2013)

The High Court has found that the State had detained Mr Kable with lawful authority, notwithstanding that the source of that lawful authority was subsequently struck down on constitutional grounds. As a result Mr Kable had no remedy in tort for unlawful detention, despite his detention subsequently being held to be unlawful.

MichelleBennett5 June 2013Human Rights Law & Institutions, Prisoner Rights

Security concerns don’t trump basic procedural rights

ZZ v Secretary of State for the Home Department [2013] EUECJ C-300/11 (04 June 2013)

The Court of Justice of the European Communities (EU Court of Justice) has held that a person refused entry to an EU state on security grounds has a fundamental right to receive reasons for the decision. Notwithstanding security considerations, EU states have a core minimum obligation to provide enough information to enable the affected person to understand the basis of the decision and prepare a defence.

MichelleBennett4 June 2013Human Rights Law & Institutions

Right not to have home or privacy unlawfully or arbitrarily interfered with is not part of tribunal jurisdiction in eviction proceedings

Commissioner for Social Housing in the ACT & Massey (Residential Tenancies) [2013] ACAT 41 (4 June 2013)

The ACT Civil and Administrative Tribunal (ACAT) has held that, when determining an application for termination of a public housing tenancy, ACAT’s jurisdiction to consider the human rights compliance of the public landlord is limited to ACAT’s exercise of discretion under the Residential Tenancies Act 1997 (ACT) (RT Act).

MichelleBennett4 June 2013Housing

Court overturns male‒female binary understanding of sex, recognises sex may be non-specific

Norrie v NSW Registrar of Births, Deaths and Marriages [2013] NSWCA 145 (31 May 2013)

The NSW Court of Appeal has recognised that “sex” can mean more than male and female, allowing for the legal recognition of individuals who identify as neither. Asked to interpret the word “sex” in the Births, Deaths and Marriages Registration Act 1995 (NSW), the Court overturned a decision of the Administrative Decisions Tribunal Appeals Panel ruling that, contrary to the Appeals Panel decision, it was open to the Registrar to register as person’s sex as “non-specific”.

MichelleBennett31 May 2013Discrimination & Equality, LGBTI Rights

Human rights and gender equality and the limits of customary law on traditional polygamous marriages

Mayelane v Ngwenyama (CCT 57/12) [2013] ZACC 14 (30 May 2013)

The Constitutional Court of South Africa has ruled that, in polygynous marriages (polygamy in which a man has more than one wife) under customary law, the first wife’s permission must be obtained before a second marriage can be entered into. The court drew on the Constitutional requirement that customary law be developed in line with Constitutional principles. As failure to obtain the first wife’s consent would breach the Constitutional principles of equality and inherent dignity of the person, such a requirement could legitimately be imposed upon customary law in South Africa.

MichelleBennett30 May 2013Human Rights Law & Institutions, Foreign Policy

Failure to protect against domestic violence amounts to gender-based discrimination and torture under European Convention

Eremia v Republic of Moldova [2013] ECHR, Application no. 3564/11 (28 May 2013)

The Republic of Moldova’s failure to adequately protect a woman and her two daughters from her husband’s violent attacks amounted to a breach of the European Convention on Human Rights. The European Court of Human Rights found Moldova’s inaction amounted to a violation of articles 3 (Torture and inhuman treatment), 8 (Private Life) and 14 (Discrimination).

The case is an important development in the ways in which human rights can be used to tackle systemic issues of gender-based violence and gender discrimination.

MichelleBennett28 May 2013Discrimination & Equality, Women’s Rights, Human Rights Law & Institutions, Foreign Policy

Working with children checks – assessing risk and balancing competing rights

ZZ v Secretary, Department of Justice [2013] VSC 267 (22 May 2013)

The Victorian Supreme Court has upheld the appeals of a man who was refused an assessment notice and an accreditation that he needed to work as a bus driver. The court found that in assessing whether the man was “a risk” to children, rather than an “unjustifiable risk”, the VCAT had misapplied the statutory test. Justice Bell also found that VCAT failed to consider, among other things, the relevance of the applicant’s right to work in weighing up whether it was in the public interest for him to be given the required clearances.

MichelleBennett22 May 2013Human Rights Law & Institutions

Extradition while application to ECHR pending does not justify stay of proceedings

Mokbel v The Queen [2013] VSCA 118 (17 May 2013)

The Victorian Court of Appeal has refused Antonios Sajih (Tony) Mokbel leave to appeal against a conviction and sentence relating to three serious drug offences. The Court upheld the decision at first instance that complaints about the conduct of Australian authorities (who accepted Mr Mokbel’s extradition whilst he had an application to the European Court of Human Rights on foot) fell far short of justifying a permanent stay of his criminal charges.

MichelleBennett17 May 2013Human Rights Law & Institutions

ECHR calls for clear regulations on assisted suicide but leaves content to the States

Gross v Switzerland [2013] ECHR, Application no. 67810/10 (14 May 2013)

The European Court of Human Rights has held that Switzerland’s failure to provide clear guidelines as to when assisted suicide is permitted breached the right to respect for private life under article 8 of the European Convention on Human Rights. The Court declined to comment as to whether Switzerland breached article 8 by failing to assist a person, who wished to die but was not suffering from a terminal illness, to end her life.

MichelleBennett14 May 2013Health, Privacy, Human Rights Law & Institutions

High Court decision provides much needed clarity about the law surrounding social security fraud – but more questions remain to be answered

Director of Public Prosecutions (Cth) v Keating [2013] HCA 20 (8 May 2013)

The High Court of Australia has provided much needed clarity on the question of when an omission to do an act can constitute an element of the Commonwealth offence of obtaining a financial advantage.

MichelleBennett8 May 2013Human Rights Law & Institutions

How absolute is your right to vote? Considering the legality of non-resident voting restrictions

Shindler v United Kingdom [2013] ECHR, Application no. 19840/09 (7 May 2013)

The European Court of Human Rights has considered whether the United Kingdom's law denying voting rights to those non-resident citizens living overseas for 15 years or more is a contravention of article 3 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. The Court found that the UK laws denying voting rights to persons living abroad for more than 15 years fell within the margin of appreciation afforded to States and did not violate the article 3 right to free elections.

MichelleBennett7 May 2013Democratic Freedoms