Latest news with #Article8
Ya Biladi
a day ago
- Politics
- Ya Biladi
European Court of Human Rights condemns France for racial profiling in landmark case
On Thursday, June 26, the European Court of Human Rights (ECHR) condemned France for conducting an identity check that amounted to racial profiling against Karim Touil, a French citizen of North African descent. This ruling marks a first for what is often referred to as «the homeland of human rights». Touil had been stopped three times within ten days without any «objective and reasonable justification». The judges concluded there was «a presumption of discriminatory treatment» that the French state failed to rebut, according to AFP. While the court acknowledged the challenges police officers may face in urgent situations, it stressed the importance of relying on objective criteria when conducting checks. As a result of the ruling, the State must pay Karim Touil €3,000 in moral damages for violating Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private life). Five other plaintiffs, also of African descent, did not succeed in their cases. Their legal battle, which began more than a decade ago, denounced repeated identity checks in cities such as Marseille, Saint-Ouen, and Vaulx-en-Velin. After their claims were dismissed by French courts, they turned to the ECHR in 2017. A new report by the Defender of Rights (DDD), published Tuesday, June 24, reveals that young men perceived as Arab, Black, or North African remain disproportionately targeted by such practices. In 2024, 26% of respondents said they had been stopped by the police or gendarmerie at least once in the past five years—up from 16% in 2016. Last year, they were also four times more likely to be stopped than the rest of the population, and twelve times more likely to be subjected to searches or frisks.
The Journal
5 days ago
- Politics
- The Journal
Quashing of A5 road upgrade on climate grounds slammed as 'devastating' and 'disappointing'
AN EXECUTIVE DECISION to proceed with the A5 road upgrade has been quashed at the High Court in Belfast. Mr Justice McAlinden told the court that he was aware his ruling would bring 'fresh anguish' to the families of those who had lost loved ones on the road. But he said the proposed scheme breached elements of the Climate Change Act 2022. Infrastructure Minister Liz Kimmins was at the Royal Courts of Justice to hear the ruling on Monday and said it was an 'extremely disappointing day'. The Northern Ireland Executive gave the green light for the long-awaited upgrade, which was designed to significantly improve the safety of the road, in October. However, judicial review proceedings were brought against the Department for Infrastructure by nine applicants, including residents, farmers and landowners opposed to the £1.2 billion (€1.4 billion) scheme. There have been more than 50 deaths on the A5, which links Derry with Aughnacloy in Co Tyrone, since 2006. A scheme to turn the road into a dual carriageway was first approved by the Executive in 2007 but it has been held up by legal challenges and uncertainty over funding. In his findings, Mr Justice McAlinden pointed out that the road scheme was not mentioned in Stormont's draft Climate Action Plan published last week. He quashed the ministerial decision to proceed with the project, stating that it breached section 52 of the Climate Change Act as well as Article 8 human rights issues identified by the Planning Appeals Commission (PAC). The judge said there had been a lack of evidence presented that the road upgrade project would not contribute to Northern Ireland failing to meeting the Act's net-zero carbon emissions target by 2050. The judge said that he was 'acutely aware' that the decision will bring 'significant, fresh anguish' to those who have been injured or who had lost loved ones as a result of road traffic accidents on the existing A5 road. Advertisement Infrastructure Minister Liz Kimmins speaking to the media outside Belfast High Court about the legal challenge taken against the A5 road upgrade today. Alamy Stock Photo Alamy Stock Photo 'One of the primary justifications for the construction of this new road is that it will be much safer than the existing road and that, over time, many lives will be saved and many serious injuries prevented and many families will be spared the utter heartbreak of the sudden and shocking loss of a loved one. 'It is likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road.' The judge added: 'However, the decision to proceed with the scheme must be taken in accordance with the law and the principle of the rule of law cannot be subverted, even if the motivation for doing so is to achieve what is deemed to constitute a clear societal benefit. 'The shortcomings and shortcuts in the decision-making highlighted in this judgment are capable of being remedied. 'The relevant ministers, departments and officials should redouble their efforts to deal with these shortcomings and that may involve the finalisation of a CAP (climate action plan) which is long overdue. 'But irrespective of the difficulties in overcoming these shortcomings, concerted efforts must be made by all concerned so that sooner, rather than later, a new and safer A5 dual carriageway may come into operation and the long list of names of those who have perished on that road will not be added to.' Reaction Sinn Féin Donegal TDs Pearse Doherty and Pádraig Mac Lochlainn described today's high court ruling against the A5 road upgrade as 'a devastating blow for our communities'. In a joint statement, the two TDs said the ruling is 'extremely disappointing'. 'Our communities have waited and suffered long enough, and our first thoughts are with all those families who have tragically lost loved ones on this road. 'Building the A5 will save lives, create jobs, and significantly reduce journey times between the north-west and Dublin.' They added that although today's ruling marked a 'setback', Sinn Féin are determined to see the upgrade and would work with their colleagues in Stormont to see it applied. Two SDLP MPs similarly described the ruling as 'devastating' and 'disappointing' respectively. MP Colum Eastwood said, 'The A5 is one of the most important infrastructure projects in Ireland by any measure. It has the potential to save lives, reduce road tragedies that leave people with life-changing injuries and connect communities in the North West like Donegal and Derry with Dublin.' Includes reporting by Emma Hickey
Rhyl Journal
18-06-2025
- Politics
- Rhyl Journal
ECHR must be reformed to restore ‘fraying' public confidence
Shabana Mahmood told the Council of Europe in a speech in Strasbourg the ECHR 'must evolve' to respond to new realities. It comes as the Government also seeks to tighten the interpretation of the human rights laws in the UK. On Wednesday, the Lord Chancellor said: 'Across Europe, public confidence in the rule of law is fraying 'There is a growing perception – sometimes mistaken, sometimes grounded in reality – that human rights are no longer a shield for the vulnerable, but a tool for criminals to avoid responsibility. 'That the law too often protects those who break the rules, rather than those who follow them.' 'This tension is not new. But in today's world, the threats to justice and liberty are more complex. They can come from technology, transnational crime, uncontrolled migration, or legal systems that drift away from public consent.' Ms Mahmood told European ambassadors the UK was committed to the ECHR, but that was 'not the same as complacency'. She added that when the application of rights 'begins to feel out of step with common sense', that is where trust begins to erode. Her call for change comes as the Government plans to tighten the use of Article 8 of the ECHR, the right to private and family life, in immigration cases in the UK. This includes cases involving foreign criminals. Under the plans unveiled in the immigration White Paper last month, the Home Office will bring forward legislation to try to reduce the number of people claiming 'exceptional circumstances' under Article 8 to stay in the UK. Ms Mahmood said: 'The right to family life is fundamental. But it has too often been used in ways that frustrate deportation, even where there are serious concerns about credibility, fairness, and risk to the public. 'We're bringing clarity back to the distinction between what the law protects and what policy permits.' She also said judges cannot be asked to solve political problems and so reform must be a 'shared political endeavour' among member states. The Lord Chancellor added: 'The European Convention on Human Rights is one of the great achievements of post-war politics. It has endured because it has evolved. Now, it must do so again.' Following Ms Mahmood's speech, a No 10 spokesman said it should be for Parliament and the Government to decide who has the right to remain in the country. 'We want to ensure the right balance is made in migration cases in relation to the national interest,' the spokesman said. The Lord Chancellor was making a broader point that 'now is the time for countries to work together to ensure the ECHR can evolve to meet the challenges facing modern democracies'. But, he added: 'The Government has been clear that Britain will remain a member of the ECHR, it underpins key international agreements on trade, security, on migration, on the Belfast/Good Friday Agreement.' A Tory spokesman said Kemi Badenoch had been clear that 'we would do whatever is necessary to ensure the supremacy of UK laws, and set a number of clear tests, including the deportation test, and made clear that if necessary, we would leave the ECHR'. But responding to the speech Sacha Deshmukh, chief executive of Amnesty International UK, said that any reform of the ECHR must 'shore up universal protections, not chip away at them'. He said: 'If the UK starts picking and choosing who merits protection from torture, family separation or arbitrary removal, it will undermine not just its moral authority but the rule of law itself, weakening its hand when speaking out against rights abuses abroad.'
Leader Live
18-06-2025
- Politics
- Leader Live
ECHR must be reformed to restore ‘fraying' public confidence
Shabana Mahmood told the Council of Europe in a speech in Strasbourg the ECHR 'must evolve' to respond to new realities. It comes as the Government also seeks to tighten the interpretation of the human rights laws in the UK. On Wednesday, the Lord Chancellor said: 'Across Europe, public confidence in the rule of law is fraying 'There is a growing perception – sometimes mistaken, sometimes grounded in reality – that human rights are no longer a shield for the vulnerable, but a tool for criminals to avoid responsibility. 'That the law too often protects those who break the rules, rather than those who follow them.' 'This tension is not new. But in today's world, the threats to justice and liberty are more complex. They can come from technology, transnational crime, uncontrolled migration, or legal systems that drift away from public consent.' Ms Mahmood told European ambassadors the UK was committed to the ECHR, but that was 'not the same as complacency'. She added that when the application of rights 'begins to feel out of step with common sense', that is where trust begins to erode. Her call for change comes as the Government plans to tighten the use of Article 8 of the ECHR, the right to private and family life, in immigration cases in the UK. This includes cases involving foreign criminals. Under the plans unveiled in the immigration White Paper last month, the Home Office will bring forward legislation to try to reduce the number of people claiming 'exceptional circumstances' under Article 8 to stay in the UK. Ms Mahmood said: 'The right to family life is fundamental. But it has too often been used in ways that frustrate deportation, even where there are serious concerns about credibility, fairness, and risk to the public. 'We're bringing clarity back to the distinction between what the law protects and what policy permits.' She also said judges cannot be asked to solve political problems and so reform must be a 'shared political endeavour' among member states. The Lord Chancellor added: 'The European Convention on Human Rights is one of the great achievements of post-war politics. It has endured because it has evolved. Now, it must do so again.' Following Ms Mahmood's speech, a No 10 spokesman said it should be for Parliament and the Government to decide who has the right to remain in the country. 'We want to ensure the right balance is made in migration cases in relation to the national interest,' the spokesman said. The Lord Chancellor was making a broader point that 'now is the time for countries to work together to ensure the ECHR can evolve to meet the challenges facing modern democracies'. But, he added: 'The Government has been clear that Britain will remain a member of the ECHR, it underpins key international agreements on trade, security, on migration, on the Belfast/Good Friday Agreement.' A Tory spokesman said Kemi Badenoch had been clear that 'we would do whatever is necessary to ensure the supremacy of UK laws, and set a number of clear tests, including the deportation test, and made clear that if necessary, we would leave the ECHR'. But responding to the speech Sacha Deshmukh, chief executive of Amnesty International UK, said that any reform of the ECHR must 'shore up universal protections, not chip away at them'. He said: 'If the UK starts picking and choosing who merits protection from torture, family separation or arbitrary removal, it will undermine not just its moral authority but the rule of law itself, weakening its hand when speaking out against rights abuses abroad.'
North Wales Chronicle
18-06-2025
- Politics
- North Wales Chronicle
ECHR must be reformed to restore ‘fraying' public confidence
Shabana Mahmood told the Council of Europe in a speech in Strasbourg the ECHR 'must evolve' to respond to new realities. It comes as the Government also seeks to tighten the interpretation of the human rights laws in the UK. On Wednesday, the Lord Chancellor said: 'Across Europe, public confidence in the rule of law is fraying 'There is a growing perception – sometimes mistaken, sometimes grounded in reality – that human rights are no longer a shield for the vulnerable, but a tool for criminals to avoid responsibility. 'That the law too often protects those who break the rules, rather than those who follow them.' 'This tension is not new. But in today's world, the threats to justice and liberty are more complex. They can come from technology, transnational crime, uncontrolled migration, or legal systems that drift away from public consent.' Ms Mahmood told European ambassadors the UK was committed to the ECHR, but that was 'not the same as complacency'. She added that when the application of rights 'begins to feel out of step with common sense', that is where trust begins to erode. Her call for change comes as the Government plans to tighten the use of Article 8 of the ECHR, the right to private and family life, in immigration cases in the UK. This includes cases involving foreign criminals. Under the plans unveiled in the immigration White Paper last month, the Home Office will bring forward legislation to try to reduce the number of people claiming 'exceptional circumstances' under Article 8 to stay in the UK. Ms Mahmood said: 'The right to family life is fundamental. But it has too often been used in ways that frustrate deportation, even where there are serious concerns about credibility, fairness, and risk to the public. 'We're bringing clarity back to the distinction between what the law protects and what policy permits.' She also said judges cannot be asked to solve political problems and so reform must be a 'shared political endeavour' among member states. The Lord Chancellor added: 'The European Convention on Human Rights is one of the great achievements of post-war politics. It has endured because it has evolved. Now, it must do so again.' Following Ms Mahmood's speech, a No 10 spokesman said it should be for Parliament and the Government to decide who has the right to remain in the country. 'We want to ensure the right balance is made in migration cases in relation to the national interest,' the spokesman said. The Lord Chancellor was making a broader point that 'now is the time for countries to work together to ensure the ECHR can evolve to meet the challenges facing modern democracies'. But, he added: 'The Government has been clear that Britain will remain a member of the ECHR, it underpins key international agreements on trade, security, on migration, on the Belfast/Good Friday Agreement.' A Tory spokesman said Kemi Badenoch had been clear that 'we would do whatever is necessary to ensure the supremacy of UK laws, and set a number of clear tests, including the deportation test, and made clear that if necessary, we would leave the ECHR'. But responding to the speech Sacha Deshmukh, chief executive of Amnesty International UK, said that any reform of the ECHR must 'shore up universal protections, not chip away at them'. He said: 'If the UK starts picking and choosing who merits protection from torture, family separation or arbitrary removal, it will undermine not just its moral authority but the rule of law itself, weakening its hand when speaking out against rights abuses abroad.'
