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09 February 2012 / Susan Nash
Issue: 7500 / Categories: Features , Public , Human rights
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The right reflection?

Susan Nash considers the latest human rights developments

In Giszczak v Poland (App No 40195/08) the applicant was a prisoner who complained that the authorities’ refusal to allow him to visit his critically ill daughter was a breach of Art 8 (right to family life).

The ground for the refusal related to the gravity of the applicant’s offence and his rude behaviour. He also complained there had been a further violation of Art 8 on account of the authorities’ failure to reply adequately, and in good time, to his request to attend his daughter’s funeral.

He did not go to his daughter’s funeral because he believed that he would have to wear prison clothes with shackles on his hands and legs, and under uniformed police escort.

The government submitted that he had been given permission to attend the funeral handcuffed to an officer but would have been allowed to wear normal clothes. Finding for the applicant, the European Court of Human Rights (ECtHR) considered that the reasons given for not allowing the visit

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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