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European Observer on fundamental right's respect

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Case Law [2019] EWCA Civ 1239 (16/07/2019)

Type: Judgment

Authority: National Courts England and Wales Court of Appeal

Date: 07/16/2019

Subject: The decision of the England and Wales Court of Appeal, finds that the detention of some irregular migrants, on grounds of their mental disability before their expulsion, does not violate articles 3 and 8 of the ECHR, but is in contrast with national norms on equality and non discrimination

Parties:  The Queen on the application of ASK - and - The Secretary of State for the Home Department

Original language: English

Classification: Dignity - Art. 4 Inhuman treatments - Degrading treatments - Freedoms - Art. 7 Privacy - Art. 9 Right to found a family - Equality - Art. 21 Non discrimination - Art. 26 Rights of the disabled

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