Case summaries

  • My search
  • Relevant International and European Legislation
    1
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Reset
ECtHR - McCann and others v United Kingdom, Application No. 18984/91, 27 September 1995
Country of applicant: United Kingdom
Keywords: Actors of protection, Actor of persecution or serious harm, Effective remedy (right to), Terrorism, Internal armed conflict

The killing of 3 IRA terrorist by SAS soldiers in order to prevent a suspected bomb attack is alleged as a deprivation of the right to life under Article 2 of the Convention. The ECtHR rules that the UK authorities were in breach of Article 2 in the control and organisation of the operation against the suspects.

Date of decision: 27-09-1995
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 8,Article 9,Article 10,Article 11,Article 13,Article 28,Article 50
ECtHR - Soering v. The United Kingdom, Application No. 14038/88, 7 July 1989
Country of applicant: Germany
Keywords: Effective remedy (right to), Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Torture, Death penalty / Execution

The Court found that in the event of the United Kingdom Secretary of State’s decision to extradite a fugitive indicted of murder in the United States being implemented, there would be a violation of Article 3 due to the possibility of his conviction of a death sentence, and the treatment and punishment he would face on death row in Virginia. 

Date of decision: 07-07-1989
Relevant International and European Legislation: 1951 Refugee Convention,ECHR (Sixth Protocol),International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,UN Convention against Torture
ECtHR - Abdulaziz, Cabales and Balkandali v The United Kingdom, Application nos. 9214/80; 9473/81 and 9474/81, 28 May 1985
Country of applicant: Malawi, Philippines, United Kingdom
Keywords: Effective remedy (right to), Family unity (right to), Race, Nationality, Discrimination, Family member, Family reunification

The ECtHR held that the 1980 UK Immigration Rules breached ECHR Article 14 taken together with Article 8 as they discriminated on the ground of sex against three female applicants settled in the UK who wished to be joined by their spouses. It was easier for men settled in the UK to be joined by a non-national spouse than women but no objective and reasonable justification was found for this difference of treatment.

Date of decision: 28-05-1985
Relevant International and European Legislation: Article 3,Article 8,Article 12,Article 13,Article 14,Article 25,Article 31,Article 32,Article 43,Article 44,Article 46,Article 47,Article 48,Article 50,ECHR (Fourth Protocol)