header-logo header-logo

In the line of fire

18 June 2009 / Glynis Craig
Issue: 7374 / Categories: Features , Public , Human rights
printer mail-detail

Glynis Craig says all soldiers have human rights

For the first time a domestic court has considered whether members of the British Armed Services serving abroad are under the jurisdiction of the UK for the purposes of the Human Rights Act (HRA 1998).

On 19 May 2009, the Court of Appeal handed down judgment in the case of Secretary of State for Defence v R (Catherine Smith) and HM Assistant Deputy Coroner for Oxfordshire and Equality and Human Rights Commission (Intervener) [2009] EWCA Civ 441, [2009] All ER (D) 152 (May).

The Equality and Human Rights Commission intervened in the case to argue that, as UK soldiers are serving abroad under the jurisdiction of the UK government, they should also receive the protection granted to other British citizens.

The court found that these soldiers were protected by the European Convention on Human Rights (the Convention) and HRA 1998 whether they were physically on an armed forces base or elsewhere. As a result, the Ministry of Defence (MoD) will have to provide

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—Arcangelo D’Apolito

Winckworth Sherwood—Arcangelo D’Apolito

Private wealth and tax offering boosted by dual qualified partner hire

Sackers—John Card

Sackers—John Card

Pensions firm announces hire in project management team

Myers & Co—Kerry Boyle

Myers & Co—Kerry Boyle

Staffordshire firm appoints head of commercial property

NEWS
The High Court has dealt a blow to thousands of Brazilians suing mining giant BHP Group following the collapse of the Fundão Dam
An Osborne Clarke partner has won his appeal against a £50,000 fine from regulators for alleged misuse of ‘without prejudice’ correspondence while representing his client, former Chancellor of the Exchequer Nadhim Zahawi
An attempt to use Mazur to defend a serial fare-dodger charged with making 112 train journeys without a ticket has failed at Westminster Magistrates’ Court
Lord Reed, president of the Supreme Court, has announced he will retire next January
Tackling the backlogs of cases in the tribunals will be a priority this year, Lord Justice Dingemans, senior president of tribunals, has said
back-to-top-scroll