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Court of Appeal decides on medical treatment, Article 3 and Article 8


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Black caps donned, appeals dismissed. Write up to follow when I can bring myself to read it properly.

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.


One Response

  1. The judgement repeatedly refers/alludes to the fact that no claim was made under Article 2. This seems bizarre. Surely no claim under Article 2 could possibly have succeeded:
    “Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.”

    The applicants are not being deprived of their lives *intentionally*- it is an accidental if inevitable consequence of the SSHD’s decision- and the Court makes that quite clear with regard to the similar Article 3 point.

    The argument which the Court appears to be making is that death is not a breach of Article 8!