Trinity Mirror & Ors, R (on the application of) v Croydon Crown Court [2008] EWCA Crim 50 (1 February 2008)The UK Court of Appeal has held that the right to freedom of expression and the media’s right to disclose the identities of convicted persons and report in the public interest may outweigh the interests of children of convicted persons and their right to privacy.

Secretary of State for Justice v Walker [2008] EWCA Civ 30 (1 February 2008) In this decision, the UK Court of Appeal found that there may be a breach of arts 5(4) and 5(1)(a) of the European Convention on Human Rights where a prisoner is detained for longer than is necessary for the protection of the public.  These provisions may also be infringed where a prisoner is detained for a lengthy period without a meaningful review of the risk that they pose to the public.

EB v France [2008] ECHR 43546/02 (22 January 2008)The Grand Chamber of European Court of Human Rights in E.B. v France held that the refusal to authorise an adoption application by a woman in a same-sex relationship, on the basis of her sexuality, amounted to a violation of arts 14 and 8 of the European Convention on Human Rights. 

Ragg v Magistrates’ Court of Victoria and Corcoris [2008] VSC 1 (24 January 2008) In a significant decision, the Supreme Court of Victoria has outlined the nature and scope of the principle of ‘equality of arms’ as an aspect of the right to a fair hearing.  While the Court held that the Victorian Charter did not apply to the proceeding (as it was commenced prior to the entry into force of the operative provisions of the Charter), Bell J’s discussion of the right to a fair hearing under art 14 of the ICCPR is likely to be highly relevant to any subsequent judicial consideration of s 24 of the Charter, which is closely modelled on art 14.

Gray v DPP [2008] VSC 4 (16 January 2008) In the first decision to substantively consider the Victorian Charter of Human Rights since it became justiciable on 1 January 2008, Bongiorno J has held that the Charter guarantees the right to a timely trial and that the appropriate remedies for failure of the Crown to provide such a trial are release of the accused on bail or, alternatively, a permanent stay of proceedings.

Ferguson v Walkley & Anor [2008] VSC 7 (31 January 2008)Under ss 17(1)(c) and 17(1)(d) of the Summary Offences Act 1966 (Vic), it is an offence to use insulting words and behave in an insulting manner in a public place.  In this decision, Harper J held that these sections are subject to the decision in Coleman v Power (2004) 220 CLR 1 (that is, ‘whether the impugned behaviour is so deeply or seriously insulting, and therefore so far contrary to contemporary standards of public good order, as to warrant the interference of the criminal law’).  The Court held that, the effect of such an interpretation renders the provisions of the Summary Offences Act consistent with the right to freedom of expression enshrined in s 15 of the Victorian Charter.

Savage v South Essex Partnership NHS Foundation Trust [2007] All ER (D) 316 (Dec); [2007] EWCA Civ 1375 (20 December 2007)The UK Court of Appeal has held that the right to life includes a positive obligation to actively safeguard life and that the negligent failure of a psychiatric hospital to take adequate steps to prevent the suicide of a patient amounted to a violation of that patient’s right to life.

Dybeku v Albania [2007] ECHR 41153/06 (18 December 2007)The European Court has held that public authorities have a particular duty and responsibility for the health and well-being of those in its custody or detention.  The Court further held that a failure to provide adequate mental health care to detainees in circumstances which do not adequately accommodate, or which result in the deterioration of, a person’s mental health, may amount to a violation of the prohibition on torture and ill-treatment.

Dickson v United Kingdom [2007] ECHR 44362/04 (Grand Chamber, 4 December 2007)On 4 December 2007, the Grand Chamber of the European Court of Human Rights handed down it’s decision in Dickson v The United Kingdom, a case concerning prisoners’ access to artificial insemination facilities.  The applicants complained that the refusal by the Secretary of State to allow the first applicant access to artificial insemination facilities whilst in prison constituted a breach of the applicants’ rights under art 8 (right to private and family life) and art 12 (right to marry and found a family) of the European Convention on Human Rights.  The Grand Chamber held (by a 12:5 majority) that there had been a violation of art 8, but that it was not necessary to examine the complaint under art 12.

Voskuil v The Netherlands [2007] ECHR 64752/01 (22 November 2007)The European Court of Human Rights recently held that the imprisonment of a journalist for refusing to disclose the identity of a confidential source constituted a violation of the right to freedom of expression under art 10 of the European Convention.

R (on the application of Graham) v Secretary of State for Justice [2007] All ER (D) 383 (Nov) (23 November 2007, Queen's Bench Division,Administrative Court, Mitting J)The Queen's Bench Division of the UK High Court has considered whether handcuffing two sick prisoners during treatment violated their right to freedom from cruel, inhuman or degrading treatment under art 3 of the European Convention on Human Rights.

Pfeifer v Austria [2007] ECHR 12566/03 (15 November 2007)In a judgment handed down on 15 November 2007, the European Court of Human Rights held that a state’s failure to adequately protect a person from defamation amounted to a breach of art 8 of the European Convention on Human Rights, which enshrines the right to respect for private and family life.  The judgment also considered the balance between the right to private life and reputation, on the one hand, and the right to freedom of expression on the other.