header-logo header-logo

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

In the line of fire

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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll