header-logo header-logo

ECtHR reform: deportation

28 September 2011 / Hle Blog
Issue: 7483 / Categories: Blogs
printer mail-detail

HLE blogger Simon Hetherington examines the latest controversial decision of the ECtHR in light of plans to reform the court

In the news last week: the publication of interim advice to the government by the independent Commission on a Bill of Rights, on the reform of the European Court of Human Rights (ECtHR). Also in the news, the ruling in AA v UK, by that same court, that the UK cannot deport a young Nigerian who was convicted of rape in 2002. Moves for his deportation began in 2003; the long fight against it has now ended.

Reform of the court is a widely recognised need. In practical terms it is an overburdened beast. Some would maintain that in jurisprudential terms it is anomalous. Politically, it is regarded by many as meddlesome. AA v UK very effectively stokes the fire of objection to the role and rule of the court, and to the UK’s subordination to it.

Returning briefly to the case: the ECtHR’s ruling is based on Art 8 of the European Convention on Human Rights—the right to a private and family life. The life, it seems, that the young man is protecting has largely been developed since the deportation proceedings began. This irritates critics still further, because, presumably, if the legal process were more efficient he wouldn’t have had that human right to protect.

The time it takes for such proceedings to reach a conclusion is indeed objectionable. But the reason for that is the inherent unfairness to both or all parties in extended legal process, not because it happens to afford an unpalatable advantage to a person who is considered undesirable. So reform to the supra-national enforcement of the human rights convention is necessary. The interim advice makes a number of recommendations, in anticipation of the UK government’s taking over the chair of the Council of Europe..."

Continue reading at www.halsburyslawexchange.co.uk

Issue: 7483 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll