Oganova v Georgia [2007] ECHR 25717/03 (13 November 2007)The European Court of Human Rights in Oganova v Georgia found that, generally, the right to a fair hearing implies the right to an oral hearing but that, in certain special circumstances, it may be permissible for an appellate court to determine a matter by written submissions in the interests of the efficient administration of justice.

Gault v United Kingdom [2007] ECHR 1271/05 (20 November 2007)In Gault v United Kingdom, the European Court of Human Rights held that the detention of Ms Lesley Gault pending re-trial violated art 5(1)(c) of the European Convention on Human Rights.  The Court held that no separate issue arose under art 8 of the Convention in respect of the applicant’s right to private and family life in relation to her three young children.

Galstyan v Armenia [2007] ECHR 26986/03 (15 November 2007)The European Court of Human Rights has recently considered the content and application of the rights to freedom of peaceful assembly and association, holding that ‘the right to freedom of assembly is a fundamental right in a democratic society’ and that any exceptions to the right ‘must be narrowly interpreted and the necessity for any restrictions must be convincingly established’.

DH and Others v the Czech Republic [2007] ECHR 57325/00 (Grand Chamber) (13 November 2007)The Grand Chamber of the European Court of Human Rights has held that the education policy in the Czech Republic, which resulted in the majority of Roma children being placed in special schools designed for the mentally handicapped, violated art 14 of the European Convention on Human Rights.  Article 14 of the Convention enshrines the right to non-discrimination and the equal enjoyment of human rights.  The Court held that the education policy indirectly discriminated against the applicants on the basis of their race in relation to their right to education.

Balçik v Turkey [2007] ECHR 25/02 (29 November 2007)This decision considered the extent to which it is permissible for a state to limit the right to freedom of peaceful assembly and association in the context of a public demonstration.

DPP v TY (No 3) [2007] VSC 489 (28 November 2007)In sentencing a young offender found guilty of murder, Bell J of the Supreme Court of Victoria had regard to international human rights principles, including the rights of the child under the Convention on the Rights of the Child, in the exercise of his sentencing discretion.

Stanková v Slovakia [2007] ECHR 7205/02 (9 October 2007)The European Court of Human Rights has held that the eviction of a woman from public housing in circumstances where the public authority had not ensured that she had adequate alternative housing constituted a violation of the right to respect for private life and the home.

Secretary of State for the Home Department v JJ and Ors [2007] UKHL 45 (31 October 2007)In a judgment handed down on 31 October 2007, the House of Lords held that obligations imposed on six men under control orders made by the Secretary of State under the Prevention of Terrorism Act 2005 (UK) (‘PTA’), deprived those men of their liberty in violation of art 5 of the European Convention on Human Rights.

Lindon, Otchakovsky-Laurens and July v France [2007] ECHR 21279/02, 36448/02 (22 October 2007)To what extent is it acceptable to limit the right to freedom of expression to protect a person's reputation?  A recent decision of the Grand Chamber of the European Court of Human Rights, Lindon v France, considers the question.

Flux and Samson v Moldova [2007] ECHR 28700/03 (23 October 2007)The European Court of Human Rights has held that judicial decisions in defamation proceedings brought against a Moldovan newspaper interfered with its right to freedom of expression, and more specifically its right to disseminate public opinion on a matter of public interest.  The decision addressed the permissible limitations on the right to freedom of expression in the context of a potentially defamatory publication.

Roach v Australian Electoral Commissioner and the CommonwealthOn 26 September 2007, the High Court published reasons for its orders of 30 August 2007 in the matter of Roach v Australian Electoral Commissioner and the Commonwealth which invalidated amendments to the Electoral Act made in 2006.  The amendments operated such that all prisoners serving a full-time sentence of detention were not entitled to vote at federal elections. By a 4-2 majority, the Court held that the amendments were unconstitutional. 

Shams & Ors v Australia, HRC, UN Doc CCPR/C/90/D/1255, 1256, 1259, 1260, 1266, 1268, 1270, 1288/2004 (11 September 2007)In a decision regarding mandatory immigration detention, the UN Human Rights Committee has elucidated its jurisprudence on the content and application of art 9 of the ICCPR, the right to liberty and security of person and to be free from arbitrary detention.