Vallianatos v Greece [2013] ECHR, Applications nos. 29381/09 and 32684/09 (7 November 2013)Greece introduced ‘civil unions’ as an official form of partnership other than marriage for different-sex couples only. The applicants challenged the civil union law on the basis that it breached the prohibition on discrimination on the basis of sexual orientation and the right to respect for privacy and family life under the European Convention on Human Rights (Convention). The European Court of Human Rights (ECtHR) held that the law’s differential treatment of same-sex couples was not proportionate to the aims of protecting marriage and the family “in the traditional sense”. The law therefore breached Article 8 in conjunction with Article 14 of the Convention.

Al-Gertani v Bosnia and Herzegovina, Human Rights Committee, Communication No. 1955/2010 (6 November 2013) An Iraqi asylum-seeker was detained in Bosnia and Herzegovina on the grounds that he was a threat to national security. The United Nations Human Rights Committee found that his prolonged detention was arbitrary in breach of article 9 of the International Covenant on Civil and Political Rights, because the State party did not show it was necessary and proportionate, and because he was not provided with the reasons that he was considered a threat and was therefore unable to effectively challenge the detention.

Gough v Director of Public Prosecutions [2013] EWHC 3267(Admin) (31 October 2013)The High Court of England and Wales has recognised public nudity as form of expression but held that limiting such expression is valid in the public interest. While the Court agreed that public nudity engages Article 10 of the European Convention on Human Rights (ECHR) being the right to freedom of expression, the court upheld the primary judge's conclusion that there was a pressing social need for the restriction of his right to be naked in the context of this case.

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.

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.

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).

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.

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.

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.

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).

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.

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.