Court : House of Lords
..... al-ameri was accompanied by his wife and two children. mrs osmani was accompanied by her two young sons. each, after arrival, applied to the national asylum support service ('nass') for accommodation and subsistence while their respective asylum applications were being considered. each would have preferred accommodation in london or the south ..... is an afghani who arrived in the united kingdom with her two young sons on 6 december 2000 and sought asylum. on 15 february 2001 the national asylum support service ("nass"), an agency established to discharge some of the functions of the secretary of state, accepted her application for accommodation and subsistence. ..... . the exclusion of asylum seekers from entitlement to claim a range of social security benefits (including housing benefit) and accommodation under section 21 of the national assistance act 1948 was made plain by sections 115 and 116 of the 1999 act which generally applied to persons subject to immigration control, including those .....
Tag this Judgment!Court : House of Lords
..... to the lack of implementing legislation, generate state responsibility. by contrast, in the case of torture, the requirement that states expeditiously institute national implementing measures is an integral part of the international obligation to prohibit this practice. consequently, states must immediately set in motion all those ..... international prohibition of torture generates international state responsibility. the value of freedom from torture is so great that it becomes imperative to preclude any national legislative act authorising or condoning torture or at any rate capable of bringing about this effect. (b) the prohibition imposes obligations erga omnes ..... freedoms as well as other provisions of international law, including, where applicable, international humanitarian law", went on to provide: "article 3 - national prevention policies 1 each party shall take appropriate measures, particularly in the field of training of law enforcement authorities and other bodies, and in the .....
Tag this Judgment!Court : House of Lords
..... accept the decision of parliament to allow individual schools to make their own decisions about uniforms. the decision does not have to be made at a national level and national differences between turkey and the united kingdom are irrelevant. in applying the principles of sahin v turkey the justification must be sought at the local ..... questions concerning the relationship between state and religions are at stake, on which opinion in a democratic society may reasonably differ widely, the role of the national decision-making body must be given special importance. in such cases it is necessary to have regard to the fair balance that must be struck between the ..... making process, but on whether, in the case under consideration, the applicant's convention rights have been violated. in considering the exercise of discretion by a national authority the court may consider whether the applicant had a fair opportunity to put his case, and to challenge an adverse decision, the aspect addressed by the .....
Tag this Judgment!Court : House of Lords
..... to the management of privately owned care homes and to the use of them made by local authorities pursuant to their statutory duties and responsibilities under the national assistance act 1948. i gratefully adopt, and hope not to repeat unnecessarily, my noble and learned friends' exposition. 22. the issue which your lordships must ..... (yl or, in this case, ol) agreeing to meet the top up fee: section 54 of the health and social care act 2001 and regulation 4 the national assistance (residential accommodation) (additional payments and assessment of resources) (amendment) (england) regulations 2001 (si 2001/3441). in may 2006 the local primary care trust, south ..... [be] available to [her]", the local authority "in whose area [she] is ordinarily resident" becomes liable, under sections 21(1)(a) and 24(1) of the national assistance act 1948 ("the 1948 act") as amended, to "make arrangements for providing residential accommodation" for her. by virtue of section 21(5), "accommodation" in this .....
Tag this Judgment!Court : House of Lords
..... an age and degree of maturity at which it is appropriate to take account of her views. these days, and especially in the light of article 12 of the united nations convention on the rights of the child, courts increasingly consider it appropriate to take account of a childs views. taking account does not mean that those views are always .....
Tag this Judgment!Court : House of Lords
..... other institutions of the iraqi interim administration, and key humanitarian and economic infrastructure; 14. urges member states to contribute assistance under this united nations mandate, including military forces, to the multinational force referred to in paragraph 13 above; 15. decides that the council shall review the requirements ..... peace and security, and acting under chapter vii of the un charter, the council determined on the deployment in kosovo, under united nations auspices, of international civil and security presences a special representative appointed by the secretary general was to control the implementation of the international ..... by providing humanitarian relief, promoting the economic reconstruction of and conditions for sustainable development in iraq, and advancing efforts to restore and establish national and local institutions for representative government". the secretary general was to report to the security council on his responsibilities under the resolution. in .....
Tag this Judgment!Court : House of Lords
..... extent that they improperly deprived taxpayers of directly enforceable community rights, but no further. the process of disapplication does not involve reading words into the national legislation (that would be, as already noted, to confuse it with conforming interpretation). it involves the identification of the class or classes of taxpayers ..... the essence of a limitation period is that it operates impartially (arbitrarily, even) in the interests of finality and certainty. (the fact that some national legal systems make special provision for cases of disability or mistake does not alter the general principle.) it would be contrary to legal certainty, and administratively ..... and the commissioners chose not to take that course. in these circumstances disapplication is, for the reasons stated in simmenthal, a task which the national court has both the power and the obligation to undertake, and grundig ii shows that disapplication for an adequate transitional period is the appropriate response. .....
Tag this Judgment!Court : House of Lords
..... avoiding any responsibility for his or her actions. such an extensive interpretation would not be supported either by the wording of article 6(2) or any common ground in the national legal systems within the convention community. on the contrary, in a significant number of contracting states, an acquittal does not preclude establishing civil liability in relation to the same facts ..... ) 30, p 227; mc v united kingdom (application no 11882/85), decision of 7 october 1987, dr 54, p 162). the european court added, in para 42: however, if the national decision on compensation contains a statement imputing the criminal liability of the respondent party, this could raise an issue falling within the ambit of article 6(2) of the convention .....
Tag this Judgment!Court : House of Lords
..... contracting states shall issue to refugees lawfully staying in their territory travel documents for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise require, and the provisions of the schedule to this convention shall apply with respect to such documents. the contracting ..... to the convention. it refers to the principle that human beings shall enjoy fundamental rights and freedoms without discrimination. it states that the united nations has, on various occasions, manifested its profound concern for refugees and endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms ..... would afford a safe refuge to those genuinely fleeing from their home countries to escape persecution or threatened persecution on grounds of race, religion, nationality, membership of a particular social group or political opinion. such refugees were not to be returned to their home countries. the second aim was .....
Tag this Judgment!Court : House of Lords
..... exists in the context of a particular contracting state, involves different considerations. the margin of appreciation is a principle which distributes responsibility between the international and national levels. as the strasbourg court put it in handyside v. united kingdom (application no. 5493/72) (1976) 1 ehrr 737, para. 48: ..... vocal prejudices and passions, the european court would be reluctant to intervene. instead, it would treat such decisions, however irrational, as falling within the national margin of appreciation. 25. very recently, however, the court appears to have changed course. e.b. v france application no 43546/02 (unreported), ..... drawing the line when [an unmarried] relationship should be functionally equated to a marriage calls for a policy decision". the 1987 order points to the national authorities conclusions that a married relationship represents the type of stable relationship which the legislation considers necessary for the adoptive relationship (my emphasis) ( .....
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