art.8

June 7, 2018

The Northern Ireland Human Rights Commission had no standing to seek a declaration that abortion law in Northern Ireland was incompatible with ECHR art.3 and art.8 because it had not instituted proceedings by identifying any unlawful act or any actual or potential victim. Although the Supreme Court therefore had no jurisdiction to make a declaration of incompatibility, it considered that the current law was disproportionate and incompatible with art.8 insofar as it prohibited abortion in cases of fatal foetal abnormality and where pregnancy resulted from rape or incest.

ABORTION art.8 CRIMINAL LAW DECLARATIONS OF INCOMPATIBILITY ECHR 1950 art.3 HEALTH INCEST INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT JURISDICTION LOCUS STANDI NORTHERN IRELAND NORTHERN IRELAND HUMAN RIGHTS COMMISSION OFFENCES AGAINST THE PERSON RAPE RIGHT TO LIFE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

November 30, 2015

The failure to provide exceptions to the law in Northern Ireland prohibiting abortion in respect of fatal foetal abnormality at any time, and pregnancies due to sexual crime up to the date when a foetus became capable of an existence independent of its mother, was contrary to the ECHR art.8.

ABORTION art.12 art.14 art.2 art.34 art.46 art.6 art.8 art.8(1) CORONERS ACT (NORTHERN IRELAND) 1959 1959 CORONERS ACT (NORTHERN IRELAND) 1959 s.14(1) CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1945 s.25 CRIMINAL LAW DISCRIMINATION ECHR 1950 art.1 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.3 HUMAN RIGHTS INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT NORTHERN IRELAND OFFENCES AGAINST THE PERSON ACT 1861 s.58 PROHIBITION ON TERMINATION OF PREGNANCY WITH FATAL FOETAL ABNORMALITY OR WHERE PREGNANCY RESULTED FROM SEXUAL CRIME RAPE RIGHT TO LIFE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.25(1) s.59 WHETHER BREACH OF ART.8 ECHR

August 1, 2014

A judge had not erred in refusing an application for an interim non-disclosure order where the interests of publishers and the public under the ECHR art.6 and art.10 outweighed the interests of a person under art.8 who had been arrested but not formally charged following an investigation into allegations of child sex grooming and prostitution.

art.6 art.8 art.8(2) CHILD SEX OFFENCES CONTEMPT OF COURT ACT 1981 s.4(2) CORRECTNESS OF REFUSAL TO IMPOSE INTERIM NON-DISCLOSURE ORDER ON PUBLISHERS CRIMINAL LAW CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.10 HUMAN RIGHTS JURISPRUDENCE MEDIA AND ENTERTAINMENT NEWSPAPERS NON-DISCLOSURE ORDERS OPEN JUSTICE RIGHT TO FAIR TRIAL RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.4 SUSPECT ARRESTED BUT NOT CHARGED WITH CHILD SEX OFFENCES

January 17, 2014

The Court of Appeal of Northern Ireland did not have jurisdiction to hear a purported appeal under the Criminal Appeal (Northern Ireland) Act 1980 against the lifting of reporting restrictions following a young offender’s conviction for serious sexual offences as the order had not been made on conviction as was required by s.8. The interim reporting restriction order had been made shortly before the giving of sentence.

ADMINISTRATION OF JUSTICE ANONYMITY APPEAL AGAINST LIFTING OF REPORTING RESTRICTIONS ON YOUNG OFFENDER APPEALS AGAINST SENTENCE art.22(1) art.22(2) art.22(3) art.3 art.8 CRIMINAL APPEAL (NORTHERN IRELAND) ACT 1980 s.8 CRIMINAL JUSTICE (CHILDREN) (NORTHERN IRELAND) ORDER 1998 art.22 CRIMINAL JUSTICE ACT 1988 s.159(1)(c) CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6 JURISDICTION NORTHERN IRELAND OPEN JUSTICE ORDER NOT MADE ON CONVICTION REPORTING RESTRICTIONS s.159 SEXUAL OFFENCES SEXUAL OFFENCES (AMENDMENT) ACT 1992 s.1 YOUNG OFFENDERS

July 13, 2012

An employer was justified, on grounds of reputational risk and a breakdown of trust and confidence, in dismissing an employee after the police had disclosed that the employee posed a risk to children, where it had discharged its duty to make a reasonable investigation.

art.8 CHILD SEX OFFENCES DISCLOSURE EMPLOYMENT EMPLOYMENT RIGHTS ACT 1996 s.98(4) EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6 MUTUAL TRUST AND CONFIDENCE POLICE POLICE DISCLOSURE THAT EMPLOYEE POSED RISK TO CHILDREN POLICE POWERS AND DUTIES REPUTATION REPUTATIONAL RISK IN ABSENCE OF PROVEN MISCONDUCT s.9(8) s.98(1) s.98(1)(b) s.98(1)(d) s.98(2) s.98(2)(b) SHOWING SUBSTANTIAL REASON FOR DISMISSAL SUMMARY DISMISSAL UNFAIR DISMISSAL WRONGFUL DISMISSAL

June 18, 2008

It was compatible with a child’s rights under the European Convention on Human Rights 1950 art.8 to convict him of rape contrary to the Sexual Offences Act 2003 s.5 in circumstances where the agreed basis of plea established that his offence also fell properly within the ambit of s.13.

art.6(2) art.8 BASIS OF PLEA CHILD SEX OFFENCES CONDUCT FALLING WITHIN AMBIT OF S.5 AND S.13 SEXUAL OFFENCES ACT 2003 CRIMINAL CHARGES CRIMINAL LAW CRIMINAL PROCEDURE EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.6(1) HUMAN RIGHTS JUSTIFICATION LAWFULNESS OF PROSECUTOR’S DECISION TO PROSECUTE UNDER S.5 Part 2 PRESUMPTION OF INNOCENCE PROPORTIONALITY RAPE RIGHT TO FAIR TRIAL RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.13 s.9 s.9(1)(c)(ii) Sch.1 Sch.3 SEXUAL OFFENCES ACT 2003 s.5 STRICT LIABILITY YOUNG OFFENDERS

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