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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
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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