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Human rights
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- 1Human Rights- Article 2 2 fundamental aspects-A fundamental right to life and a corresponding duty to protect life so where there is and immediate and real risk to the life of a specified person, there will be a breach of art 2, if authorities fail to take measures to address risks.
- 2Case law where art 2 has been engaged Thompson and Venables-They applied for indefinite injunctive relief to restrain publication of their new identities and their where abouts
- 3ISSUE- whether the courts had jurisdiction to protect and adults identity in circumstances where there was serious risk to physical safety.-It was argued that the court should exercise its equitable jurisdiction to make orders sought by claimants.
- 4Court held- 1. claimants were uniquely notorious and at risk of serious physical harm. they would continue to be a risk in the future.2. the claimants rights under art 2 demanded protection, which could be provided by extenstion of the law of confidence
- 53. An injunction CONTRA MUNDUM was granted, restraining publication of the claimants identities and their where abouts.CONTRA MUNDUM- against the world, in defiance with general opinion.
- 6case law- Edwards v UK (2002)-The duty of care applies to the state when somebody is in custody.
-Christopher Edwards; mixed race; was killed by a prison cell mate, who was known to be racist, both men suffered from schizophrenia. - 7-Prison staff knew that the panic button was defective. -Christopher's family asserted that the prison authorities had failed to protect his art 2 right to life and art 13 right to remedy.-A series of shortcomings had been found in the prison services management but no remedy had been offered.
- 8Court held-The deceased art 2 and 13 rights had been infringed.
-there had been no inquest and the detailed enquiry had been private and without the ability to compel witnesses to attend.
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- Fichas sobre Human rights, creado por woodsvictoria55 el 10/05/2015.
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