Unemployment benefits mistakenly paid by Croatian government do not have to be repaid, European Court of Human Rights finds

Čakarević v Croatia (European Court of Human Rights, First Section, Application no. 48921/13, 26 April 2018)

Ms Ilinka Čakarević, a Croatian national, brought proceedings against the Croatian government in relation to debt recovery proceedings brought by the government after they overpaid her unemployment benefits.

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Family Court of Australia rules transgender young people no longer need to apply to the Court for surgery

Re: Matthew [2018] FamCA 161 (16 March 2018)

The Family Court of Australia has declared that transgender young people diagnosed with gender dysphoria no longer need to apply to the Court for Stage 3 treatment where the transgender teenager has been diagnosed with gender dysphoria, the transgender teenager's treating practitioners agree that the child is Gillick competent and there is no controversy regarding the application.

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Swiss Court’s refusal to hear torture compensation case not a breach of the right to a fair hearing

Naït-Liman v Switzerland (European Court of Human Rights, Grand Chamber, Application no. 51357/07, 15 March 2018)

The Grand Chamber of the European Court of Human Rights held that a Swiss court’s decision to refuse jurisdiction to hear a claim did not violate rights of access to a court. The claimant, a Swiss national, had sought compensation for torture inflicted by the Tunisian Republic.

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European Court of Human Rights upholds German anti-Nazi propaganda law

Nix v Germany (European Court of Human Rights, Chamber, Application no. 35285/16, 13 March 2018)

The European Court of Human Rights has rejected an appeal brought by a German citizen who claimed his right to freedom of expression had been impermissibly burdened. The applicant had published an image of Nazi-era SS chief Heinrich Himmler in SS uniform wearing a swastika armband on his personal blog. He was convicted by a German court under a law which prohibited the use of propaganda material of unconstitutional organisations, including the Nazis.

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Ahead of abortion referendum, Irish Supreme Court finds only right unborn children enjoy is right to life

M v Minister for Justice and Equality [2018] IESC 14

The Supreme Court of Ireland has held that unborn children have no rights under the Irish Constitution beyond the right to life. The decision is significant in light of the upcoming "abortion referendum" as it confirms that only Article 40.3.3 of the Constitution needs to be changed in order to legalise abortion in Ireland.

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Federal Court orders Australian Government to remove refugee children from Nauru to receive appropriate mental health treatment

FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63 (9 February 2018)

AYX18 v Minister for Home Affairs [2018] FCA 283 (6 March 2018)

In two recent interlocutory matters, the Federal Court has ordered the Australian Government to remove refugee children from Nauru to Australia in order to receive appropriate mental health treatment.

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English family wins privacy case against TV channel which broadcast eviction against their wishes

Ali & Aslam v Channel 5 Broadcast Limited [2018] EWHC 298 (CH)

The English High Court has found an episode of a documentary-reality series broadcast by Channel 5, in which a family was shown being evicted from their home, breached the family’s right to privacy under article 8 of the European Convention on Human Rights.  This right was held to take precedence over Channel 5’s freedom of expression.

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UK Supreme Court rules that police violated victims’ rights by failing to properly investigate sexual assaults

Commissioner of Police of the Metropolis v DSD and Another [2018] UKSC 11 (21 February 2018)

The United Kingdom Supreme Court has awarded damages to two victims of crime who brought proceedings against the Metropolitan Police Service for substantial failures to conduct an effective investigation into a number of sexual assaults. The decision aligns with a consistent line of authorities from the European Court of Human Rights regarding the nature and scope of the State's duty under article 3 of the European Convention for the Protection of Human Rights 

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