Contents
Introduction 6
General Comments 7
European Court of Human Rights Judgments 7
Declarations of Incompatibility 7
Wider developments in Human Rights 9
Commission on a Bill of Rights 9
Reform of the European Court of Human Rights 10
EU Accession to the ECHR 11
Review of the Balance of Competences: Fundamental Rights 12
Reporting to United Nations Treaty Monitoring Bodies 12
Universal Periodic Review 13
UN Convention Against Torture (UNCAT) 13
UN Convention on the elimination of all forms of Discrimination Against Women (CEDAW) 14
The UK's approach to the implementation of human rights judgments 15
Coordinating the implementation of human rights judgments 15
Access to information on the implementation of judgments 15
ECtHR judgments in cases against the UK between 1 August 2012 and 31 July 2013 16
The UK at the ECtHR between 1959 and 2012 21
Applications against the UK in 2012 22
The UK's record on the implementation of ECtHR judgments 23
Consideration of selected judgments that became final in the past twelve months (1 August 2012 - 31 July 2013) 24
Right to a judicial hearing on proportionality in possession proceedings against Gypsies (Buckland) 24
State's positive obligation to protect employees against discrimination based on political affiliation or belief (Redfearn) 25
Right of "IPP" prisoners (serving indeterminate sentences for public protection) to a speedy review of the lawfulness of their detention and to access rehabilitative courses (James, Wells and Lee) 26
Detention of foreign national offender (Abdi) 31
Right of "IPP" prisoners (serving indeterminate sentences for public protection) to a speedy review of the lawfulness of their detention and to access rehabilitative courses (Betteridge) 32
State's positive obligation to investigate allegations of slavery, servitude, forced or compulsory labour (CN) 34
State's positive obligation to secure employees' right to manifest their religion or belief (Eweida) 35
Right to a review for "whole life tariff" prisoners (Vinter, Bamber and Moore) 36
Consideration of other significant judgments that became final before 1 August 2012 and which are still under the supervision of the Committee of Ministers 37
Retention of DNA profiles and cellular samples (S & Marper) 37
Overseas detention (Al Jedda) 38
Extra-territorial effect of the Convention (Al Skeini) 39
Prisoner voting (Scoppola v Italy, Hirst and Greens & MT) 41
Deportation an interference with right to private life (AA) 43
Right to an effective remedy (Reynolds) 44
Domestic cases - new declarations of incompatibility in the previous twelve months 45
Annex A: Declarations of incompatibility 46
1. R (on the application of Alconbury Developments Ltd.) v Secretary of State for the Environment, Transport and the Regions 49
2. R (on the application of H) v Mental Health Review Tribunal for the North and East London Region & the Secretary of State for Health 49
3. Wilson v First County Trust Ltd (No.2) 50
4. McR's Application for Judicial Review 50
5. International Transport Roth GmbH v Secretary of State for the Home Department 51
6. Matthews v Ministry of Defence 51
7. R (on the application of Anderson) v Secretary of State for the Home Department 52
8. R (on the application of D) v Secretary of State for the Home Department 52
9. Blood and Tarbuck v Secretary of State for Health 53
10. R (on the application of Uttley) v Secretary of State for the Home Department 53
11. Bellinger v Bellinger 54
12. R (on the application of M) v Secretary of State for Health 54
13. R (on the application of Wilkinson) v Inland Revenue Commissioners 55
14. R (on the application of Hooper and others) v Secretary of State for Work and Pensions 55
15. R (on the Application of MH) v Secretary of State for Health 56
16. A and others v Secretary of State for the Home Department 56
17. R (on the application of Sylviane Pierrette Morris) v Westminster City Council & First Secretary of State (No. 3) 57
18. R (Gabaj) v First Secretary of State 57
19. R (on the application of Baiai and others) v Secretary of State for the Home Department and another 58
20. Re MB 58
21. R (on the application of (1) June Wright (2) Khemraj Jummun (3) Mary Quinn (4) Barbara Gambier) v (1) Secretary of State for Health (2) Secretary of State for Education & Skills 59
22. R (Clift) v Secretary of State for the Home Department; Secretary of State for the Home Department v Hindawi and another 59
23. Smith v Scott 60
24. Nasseri v Secretary of State for the Home Department 61
25. R (Wayne Thomas Black) v Secretary of State for Justice 62
26. R (on the application of (1) F (2) Angus Aubrey Thompson) v Secretary of State for the Home Department 62
27. R (on the application of Royal College of Nursing and others) v Secretary of State for Home Department 63
28. R on the application of T, JB and AW v Chief Constable of Greater Manchester, Secretary of State for the Home Department and Secretary of State for Justice 63
Annex B: Statistical information on the implementation of European Court of Human Rights judgments 64
Table 1: UK Performance 64
Table 2: Judgments under supervision of the Committee of Ministers at the end of 2012 by State Party to the Convention 65