Hirst v United Kingdom (No 2)

Last updated

Hirst v the United Kingdom (No 2)
CourtEuropean Court of Human Rights
Citation(s)[2005] ECHR 681, (2006) 42 EHRR 41
Keywords
Prisoner, right to vote

Hirst v United Kingdom (No 2) (2005) ECHR 681 is a European Court of Human Rights case, where the court ruled that a blanket ban on British prisoners exercising the right to vote is contrary to the European Convention on Human Rights. The court did not state that all prisoners should be given voting rights. Rather, it held that if the franchise was to be removed, then the measure needed to be compatible with Article 3 of the First Protocol, thus putting the onus upon the UK to justify its departure from the principle of universal suffrage.

Contents

Facts

John Hirst, a post-tariff prisoner then serving a sentence for manslaughter, [1] was prevented from voting by section 3 of the Representation of the People Act 1983, [2] which prohibits convicted prisoners from voting during their incarceration in a penal institution. In 2001, Hirst brought a case to the High Court, but the case was dismissed. [3]

Judgment

In 2004, the Chamber of the European Court of Human Rights, recorded in Hirst v UK (No 2) (2006) 42 EHRR 41, ruled unanimously that there had been a violation of Hirst's human right under Article 3 of the First Protocol. The UK lodged an appeal to the Grand Chamber and on 6 October 2005 it found in favour of Hirst by a majority of twelve to five. [1] The Court found that the restriction of prisoners' voting rights violated Protocol 1, Article 3 of the European Convention on Human Rights; [2]

Once a case has been decided by the ECtHR, it falls to the Committee of Ministers to supervise execution of the Court's judgment. The British Government initially attempted to introduce legislation to give prisoners the right to vote. [4] This was rejected by the British Parliament and the Government has repeatedly stated since then that prisoners will not be given the right to vote in spite of the ruling. [5]

In the UK, the court was criticized for allegedly being over-intrusive in areas considered to be the domain of domestic courts and parliament; Kenneth Clarke and Dominic Grieve claimed that the court does not give sufficient margin of appreciation to states, a controversy being the court's requirement that the UK liberalize voting rights for prisoners, [6] a decision called "completely unacceptable" by David Cameron. [7] Cameron also claimed that the concept of human rights was being "distorted" and "discredited" by the ECHR, because reasonable decisions made at a national level were not respected by the court. [8]

See also

Notes

  1. 1 2 Travais, Alan (7 October 2005). "Worst criminals will not get vote in jail despite European court ruling". The Guardian.. See also, from the same individual, a claim regarding delay in parole, [2001] ECHR 481.
  2. 1 2 "Chamber Judgment in the case of Hirst v. The United Kingdom (No.2)" (Press release). European Court of Human Rights. 30 March 2004.
  3. "Q&A: UK Prisoners' right to vote". BBC. 6 October 2005.
  4. "Prisoners to get the right to vote". The Guardian. 2 November 2010.
  5. BBC News , 24 October 2012
  6. Bowcott, Owen; correspondent, legal affairs (17 July 2014). "Why are the Conservatives against the European court of human rights?". The Guardian .
  7. Cole, Matt (13 February 2012). "What is the European Court of Human Rights?". BBC News.
  8. "Human rights being distorted – PM". BBC News. 25 January 2012.

Related Research Articles

<span class="mw-page-title-main">European Convention on Human Rights</span> International treaty to protect human rights and fundamental freedoms in Europe

The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.

McDonald's Corporation v Steel & Morris[1997] EWHC 366 (QB), known as "the McLibel case", was an English lawsuit for libel filed by McDonald's Corporation against environmental activists Helen Steel and David Morris over a factsheet critical of the company. Each of two hearings in English courts found some of the leaflet's contested claims to be libellous and others to be true.

<span class="mw-page-title-main">European Court of Human Rights</span> Supranational court established by the Council of Europe

The European Court of Human Rights, also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France.

Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. Disfranchisement can also refer to the revocation of power or control of a particular individual, community or being to the natural amenity they have; that is to deprive of a franchise, of a legal right, of some privilege or inherent immunity. Disfranchisement may be accomplished explicitly by law or implicitly through requirements applied in a discriminatory fashion, through intimidation, or by placing unreasonable requirements on voters for registration or voting.

<span class="mw-page-title-main">Human Rights Act 1998</span> Act of Parliament of the United Kingdom

The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg.

Loizidou v. Turkey is a landmark legal case regarding the rights of refugees wishing to return to their former homes and properties. The European Court of Human Rights ruled that Titina Loizidou, and consequently all other refugees, have the right to return to their former properties. The ECHR ruled that Turkey had violated Loizidou's human rights under Article I of Protocol I of the European Convention on Human Rights, that she should be allowed to return to her home and that Turkey should pay damages to her. Turkey initially ignored this ruling.

Lehideux and Isorni v. France, was a case heard by the European Court of Human Rights on punishing statements praising collaborators. In a judgement handed down 23 September 1998, the court has held by fifteen votes against six that the conviction of applicants for their article in favour of Philippe Pétain was prescribed by law and pursued a legitimate aim, but wasn't necessary in a democratic society and therefore violated Article 10.

The AIRE Centre is an English registered charity, with offices located in London. It provides free legal advice on human rights and EU law issues in Europe, and seeks to promote the dissemination of information about international human rights law throughout Europe.

Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe.

<i>R (Carson) v Secretary of State for Work and Pensions</i> and <i>R (Carson & Reynolds) v Secretary of State for Work and Pensions</i>

R (Carson) v Secretary of State for Work and Pensions and R v Secretary of State for Work and Pensions were a series of civil action court cases seeking judicial review of the British government's policies under the Human Rights Act 1998. They related to the right to property under Article 1 of the First Protocol and prohibition of discrimination under Article 14 of the convention. In Reynolds's case, there was also Article 8 of the European Convention on Human Rights (ECHR), the right to respect for "private and family life" to be considered, as well as Article 3 of the ECHR, the prohibition of torture, and "inhuman or degrading treatment or punishment".

Lautsi v. Italy was a case brought before the European Court of Human Rights, which, on 18 March 2011, ruled that the requirement in Italian law that crucifixes be displayed in classrooms of schools does not violate the European Convention on Human Rights.

<i>Sejdić and Finci v. Bosnia and Herzegovina</i>

Sejdić and Finci v. Bosnia and Herzegovina was a case decided by the Grand Chamber of the European Court of Human Rights in December 2009, in the first judgment finding a violation of Article 14 of the European Convention on Human Rights taken in conjunction with Article 3 of Protocol No. 1 thereof, with regard to the arrangements of the Constitution of Bosnia and Herzegovina in respect of the House of Peoples of Bosnia and Herzegovina, and a violation of Article 1 of Protocol No. 12 with regard to the constitutional arrangements on the Presidency of Bosnia and Herzegovina.

<span class="mw-page-title-main">Voting Eligibility (Prisoners) Bill</span> Election law in the UK

The Voting Eligibility (Prisoners) Bill 2012 was a proposed Act of Parliament of the United Kingdom introduced to the House of Commons. The Bill deals with disenfranchisement of prisoners in the United Kingdom.

Perinçek v. Switzerland is a 2013 judgment of the European Court of Human Rights concerning public statements by Doğu Perinçek, a nationalist political activist and member of the Talat Pasha Committee, who was convicted by a Swiss court for publicly denying the Armenian genocide.

The Proposed British Bill of Rights was a proposal of the Second Cameron ministry, included in their 2015 election manifesto, to replace the Human Rights Act 1998 with a new piece of primary legislation.

Zakharov v. Russia was a 2015 court case before the European Court of Human Rights involving Roman Zakharov and the Russian Federation. The Court ruled that Russia's legal provisions governing communications surveillance did not provide adequate safeguards against arbitrariness or abuse, and that therefore a violation took place of Article 8 of the European Convention of Human Rights.

<i>Carson and Others v. The United Kingdom</i> (2010)

Carson and Others v. The United Kingdom [2010] ECHR 338 was heard by the European Court of Human Rights (ECHR), in Strasbourg on 16 March 2010 on appeal from the European Court of Rights (ECHR), Fourth Section before Jean-Paul Costa (President), Christos Rozakis, Nicolas Bratza, Peer Lorenzen, Françoise Tulkens, Josep Casadevall, Karel Jungwiert, Nina Vajić, Dean Spielmann, Renate Jaeger, Danutė Jočienė, Ineta Ziemele, Isabelle Berro-Lefèvre, Päivi Hirvelä, Luis López Guerra, Mirjana Lazarova Trajkovska, Zdravka Kalaydjieva.

In the case of Hirsi Jamaa and Others v. Italy, before the European Court of Human Rights, the Grand Chamber of the Court found in February 2012 that by returning migrants to Libya, without examining their case, the state of Italy exposed the migrants to the risk of ill-treatment and amounted to a collective expulsion. The case concerned 24 migrants from Somalia end Eritrea that were travelling from Libya to Italy that were intercepted at sea by Italian authorities who sent them back to Libya.

<i>Sargsyan v. Azerbaijan</i>

Sargsyan v. Azerbaijan was an international human rights case regarding the rights of Armenian refugees displaced from former Soviet Azerbaijan because of the conflict in Nagorno-Karabakh. The judgment of the Grand Chamber of the European Court of Human Rights on the case originated in an application against the Republic of Azerbaijan lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms by Minas Sargsyan on 11 August 2006. He was forced to flee his home in the village of Gulistan in Shahumyan region of former Soviet Azerbaijan, together with his family, because of the Azerbaijani bombardments of the village and was not allowed to return and unable to get any compensation from the Azerbaijani authorities. Even though the applicant passed away in 2009, as did his widow, Lena Sargsyan, in 2014, his children, Vladimir and Tsovinar Sargsyan, represented him in court to continue the proceedings.