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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll