Interception of communications is consistent with human rights, European Court of Human Rights rules

Centrum för Rättvisa v Sweden (Application no 35252/08) (19 June 2018)

In June this year, the European Court of Human Rights (ECHR) ruled that a scheme providing for the bulk interception of electronic signals in Sweden for foreign surveillance purposes, was consistent with the rights set out in the European Convention of Human Rights (Convention). The decision cements the high threshold required for the protection of the right to respect for private and family life, the home and correspondence under article 8 of the Convention.

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Canadian Supreme Court upholds refusal of law school accreditation due to discriminatory policy

Law Society of British Columbia v Trinity Western University 2018 SCC 32 (15 June 2018); and Trinity Western University v Law Society of Upper Canada 2018 SCC 33 (15 June 2018)

In two recent decisions, the Supreme Court of Canada (“Court”) held that the law societies of British Columbia and Ontario were entitled to deny accreditation to a law school which required its students, on religious grounds, to adhere to a covenant allowing sexual intimacy only between a married man and woman.

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UK Supreme Court provides useful guidance on the distinction between employees and contractors

Pimlico Plumbers Ltd & Anor v Smith [2018] UKSC 29 (13 June 2018)

The UK Supreme Court (“Court”) found in favour of the respondent, Mr Smith, who argued that he was a “worker” for Pimlico Plumbers Ltd (“Pimlico”) under the relevant employment legislation. The Court rejected Pimlico’s argument that Mr Smith was a “self-employed operative” and upheld the previous decisions of the Employment Tribunal (“Tribunal”), Employment Appeal Tribunal and Court of Appeal.

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European Court of Human Rights finds Lithuania and Romania committed human rights violations due to involvement in the CIA’s rendition program

Abu Zubaydah v Lithuania (European Court of Human Rights, Application No. 4654/11, 31 May 2018)  

Al Nashiri v Romania (European Court of Human Rights, Application No. 33234/12, 31 May 2018)

The Chamber of the European Court of Human Rights (Court) held, in two separate decisions, that Lithuania and Romania both committed violations of the European Convention on Human Rights (Convention) due to their compliancy in the United States Central Intelligence Agency’s (CIA) rendition program.

The applicants in both cases were suspected of involvement in carrying out terrorist attacks and were detained by the CIA. It was alleged that Lithuania and Romania, respectively, had allowed the CIA to transport the applicants into their jurisdiction, where they had been subjected to torture and arbitrary detention by the CIA.

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Supreme Court of Canada finds Quebec pay equity legislation violates Charter of Rights

Centrale des syndicats du Quebec v. Quebec (Attorney General), 2018 SCC 18

Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la sante et des services sociaux, 2018 SCC 17

In two recent decisions, the Supreme Court of Canada considered the whether several provisions of Quebec province’s gender pay equity legislation, the Pay Equity Act 1996, were contrary to section 15 of the Canadian Charter of Rights and Freedoms (addressing systemic wage discrimination against women).

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Divided US Supreme Court rules on whether corporations can be held liable under the Alien Tort Statute

Jesner v Arab Bank Plc No. 16-499, 584 U.S. _(2018)

By a narrow 5-4 majority, the United States Supreme Court held that it did not have the authority under the Alien Tort Statute (ATS) to determine civil liability for foreign corporations that engage in gross human rights violations in contravention of international law.

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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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HRLC AdminLGBTI Rights
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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HRLC Admin
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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HRLC Admin
Protecting the right of journalists to cover demonstrations: a win for journalistic information gathering in Europe

Butkevich v Russia (European Court of Human Rights, Chamber, Application No. 5865/07, 13 February 2018)

The European Court of Human Rights unanimously held that journalistic newsgathering during a public demonstration is a protected aspect of press freedom under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Any attempt to remove journalists from a scene of demonstration must thus be subject to “strict scrutiny”.

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New Zealand High Court finds insulting cartoons did not breach hate speech legislation

Wall v Fairfax New Zealand Limited [2018] NZHC 104

The New Zealand High Court held that two cartoons published in New Zealand newspapers featuring negative depictions of Māori and Pasifika did not breach hate speech provisions in the Human Rights Act 1993 (NZ). The Court balanced the publisher’s right to freedom of speech under the New Zealand Bill of Rights Act 1990 (NZ) against the government’s interest in protecting individuals from harmful speech and discrimination.

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UK Court of Appeal finds metadata retention regime inconsistent with EU law

Secretary of State for the Home Department v Watson [2018] EWCA Civ 70

The United Kingdom Court of Appeal has decided that aspects of the Data Retention and Investigatory Powers Act 2014, which has now been repealed, were unlawful.  The Court found that allowing public bodies access to the phone records and internet activity of individuals in the United Kingdom, in circumstances where there is an absence of suspicion of serious crime and independent sign off allowing access, is illegal.   

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European Court of Justice finds asylum seeker may not be subjected to a psychological test to determine sexual orientation

F v Bevándorlási és Állampolgársági Hivatal (Court of Justice of the European Union, C473/16, 28 January 2018)

The Court of Justice of the European Union has held that subjecting an asylum seeker to psychological tests, designed to provide an indication of their sexual orientation, breaches their right to respect for private and family life under Article 7 of the EU Charter of Fundamental Rights.

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Swiss NGO sued for labelling politician's speech "racism" denied freedom of expression, European Court of Human Rights finds

GRA Stiftung gegen Rassismus und Antisemitismus v. Switzerland (application no. 18597/13) [2018] ECHR

The European Court of Human Rights unanimously held that the prosecution of a Swiss non-governmental organisation which had labelled a Swiss politician's speech as "verbal racism" breached the organisation's right to freedom of expression, as protected by Article 10 of the European Convention of Human Rights.

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European Court of Human Rights rules against public servant disclosing state documents

Catalan v Romania (Application No. 13003/04) [2018] ECHR (9 January 2018)

The European Court of Human Rights ruled that the Romanian Government’s decision to dismiss a member of the public service for the unauthorised disclosure of state documents obtained outside his employment to a tabloid newspaper was a legitimate restriction of freedom of expression under Article 10 of the European Convention of Human Rights. In doing so, the Court emphasised the particular obligation of loyalty held by public servants and the need to prevent disclosure of confidential information and protect the rights of others.

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