the source of the risk to which removal exposes the individual, in terms of whether it emanates from circumstances that can give rise to the responsibility of the destination state or not, as a significant factor in establishing the proper scope of protection from refoulement under the ECHR. In...
Removal in those circumstances does not breach Articles 3 or 8 ECHR except in the most exceptional cases (GS (India) and Ors v SSHD [2015] EWCA Civ 40. D v UK is rarely followed in current times, as signatory states’ medical and social services become more pressed and cash strapped....
One should bear in mind that, in the field of donor conception, the care ethics framework that looks at relational autonomy, exists alongside legal frameworks (such as the CRC and the ECHR) that take a more static, individual right, characteristic (age) or ability (competence) perspective in...
By Dr. Sibel Yılmaz Coşkun In its judgment Vieru v. the Republic of Moldova (19 November, 2024), the European Court of Human Rights ruled that Moldova violated, among other rights, its substantive obligations under Article 3 ECHR by failing to provide adequate legal protection to T. an...
This is what the CJEU mentions itself: Article 8 ECHR “is among the fundamental rights which, according to the Court’s settled case-law, restated by the Preamble to the Single European Act and by Article 6(2) EU, are protected in Community law”; Case C-60/00,Carpenter, EU:C:2002...
The corresponding provision in the EU Charter, Article 7, is essentially the same as Article 8 ECHR except that “correspondence” has been changed to “communications” to take account of changing technology in this area. Although it does not set out the clawback provisions in the way that ...