Tag Archives: human rights

From the bizarre … to the bizarre

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From the bizarre to the ridiculous

Yes, we know the phrase is technically “from the sublime to the ridiculous” but we simply couldn’t bring ourselves to use the word sublime in relation to Human Rights law in the way it is being applied in Europe. Readers of this blog will know that we tend to be critics and to highlight the absurd attempts to use the legislation and the fact that the European Court often thinks the attempted applications are meritorious !

In a case reported this week, the European Court of Human Rights (ECHR) decided that in criminal cases if a witness is not available to give oral evidence, either due to refusing or having passed away this is a breach of the accused’s human rights. This goes against UK law which is entirely sensible and provides that where there is a written statement and for whatever reason the witness is not at court for cross examination, appropriate directions and warnings are given to a jury as to the weight which can or should be given to that evidence.

The first instance decision in Europe will either be ratified or overturned by the upper tier of the ECHR this week, and if the decision is ratified, it would on the face of it impose a major change on the English Legal System. If the European ruling is ignored by Judges in England & Wales, then yes, you guessed it, it will lead undoubtedly to a raft of new Human Rights challenges in the UK.

Judging (excuse the pun) by recent comments made by a number of the most senior judiciary in this country, they are becoming sick and tired of the impositions from Strasbourg so it won’t be a surprise if this ends up in a scrap between the UK and Europe. Sound familiar ?!

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Article 8 (again)

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More of “Human Rights gone mad”

Another week, another case showing the ridiculous state of English law when it comes to some aspects of Human Rights and yes, you guessed it, the culprit is Article 8 again (right to family life)

A convicted fraudster from Nigeria who entered the UK illegally initially (and was allowed to stay indefinitely due to an amnesty) is appealing a deportation order against him because he has a son in this country. He claims that deporting him breaches his and his son’s right to a family life even though he has been in prison for much of his son’s life and the son goes to school 12 miles away.

This is yet another example of liberal politics gone mad, let alone the cost to the taxpayer of these cases which just keep coming.

We obviously understand the needs of the child but a commonsense approach to this issue must surely lead to the conclusion that this person is “taking the piss” for want of a better expression.

We will shortly be running a poll on these sorts of cases, so please check back as we will start collecting data on what the British public really think about these issues. Without prejudging, we have an inkling of what most of you might say !

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More article 8 madness

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Evicted gipsies launch human rights claim

We have reported on this site before regarding the ever more creative uses of article 8, but here is another example of the law gone mad, the costs being borne by the taxpayer and the stance taken by Strasbourg.

It is not uncommon for legal disputes to arise in terms of evicting gypsies from private property or public property, it is a perennial problem. What is however quite unusual is where gypsies are evicted from land owned by gypsy associations, and this is the scenario in this case.

The Buckland family of travellers had been evicted some 5 years ago, and having exhausted all possible appeals under general English law, they are now pursuing, at public expense, there human rights claim in the European Courts, seeking to rely not only on article 8 generally but other cases in the European Courts which indicate a positive obligation to assist the gypsy way of life in Europe.

On the facts of the case it is claimed that the Buckland family intimated all the other travellers on the site (no easy task) and at least one of them threatened another gypsy with a gun.

The quicker something is done about these kind of absurd cases the better. What do you think ?

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