Ban of same-sex marriage declared unconstitutional in the state of California

On 7th February in the 9th U.S. Circuit Court of Appeals, a three-judge panel, ruled against the voter-approved ban on same-sex marriage, declaring it unconstitutional. In a 2-1 decision, they found the proposition contrary to the 14th Amendment of the Constitution, which contains the Equal Protection Clause. The federal appeals court, which has jurisdiction over… More Ban of same-sex marriage declared unconstitutional in the state of California

UK Court of Appeal Lays Out Deportation Principles

On 2nd February 2012, in the case of Gurung v. Secretary of State for the Home Department, the Court of Appeal laid out principles for considering the proportionality of automatic deportation of foreign criminals. Rocky Gurung, a Nepalese national, moved to Britain in 2005 to join his father, who has indefinite leave to enter and… More UK Court of Appeal Lays Out Deportation Principles

Police admit to have breached human rights obligation

An acceptance by the Metropolitan police that they failed to warn phone-hacking victims and potential victims that their privacy might have been invaded in 2006 and 2007 (in what is known as the “News of the Worlds” phone-hacking scandal) has put an end to the judicial review proceedings, instigated in September 2010. As a result,… More Police admit to have breached human rights obligation

Is lawyers’ involvement in assisted suicide cases lawful?

Once more the legality of the involvement of third parties in assisted suicide cases has been questioned. At present, it is lawful in England and Wales to commit (or attempt to commit) suicide, but unlawful to help someone else to do so. Encouraging or assisting suicide is an offence under section 2 of the Suicide… More Is lawyers’ involvement in assisted suicide cases lawful?

New book: “Building Peace in Post-Conflict Situations”

“Building Peace in Post-Conflict Situations” is the latest book published by the British Institute of International and Comparative Law on January 2012, which explores examples of post-conflict resolution. It provides an analysis of the mechanisms necessary to achieve reconciliation via courts, truth and reconciliation commissions and international prosecution as well as four case studies of… More New book: “Building Peace in Post-Conflict Situations”

Smuggled children are sent straight back to France

An investigation by the children’s commissioner for England has revealed that trafficked children were sent straight back to France under a secret “gentleman’s agreement” with France. According to the commissioner’s report, unaccompanied children who arrived clandestinely in the UK, on the back of lorries or in containers, at Dover docks or through the Channel tunnel,… More Smuggled children are sent straight back to France

The Leveson Inquiry will accept evidence provided anonymously

On 20 January 2012 in Associated Newspapers Ltd., R (on the application of) v. Rt Hon Lord Justice Leveson [2012], the Administrative Court dismissed the second application for judicial review of the Leveson Inquiry, which was set up to enquire into the culture, practices, and ethics of the British press and to make recommendations following… More The Leveson Inquiry will accept evidence provided anonymously

The ECtHR finds violation of an Orthodox clergy Trade Union’s Right to Freedom of Assembly and Association

On 31 January 2012 in the Chamber judgment Sindicatul “Pastorul cel Bun” v. Romania, the European Court of Human Rights held that Article 11 of the European Convention on Human Rights on the right to freedom of assembly and association was violated. A union of clerics and lay members of the Romanian Orthodox Church applied… More The ECtHR finds violation of an Orthodox clergy Trade Union’s Right to Freedom of Assembly and Association