Deprivation of Liberty: Has the European Court of Human Rights Recognised a ‘Public Safety’ Exception?
<p>The European Court of Human Rights held in <em>Austin & Others v The United Kingdom </em>that the police confinement of a crowd of protestors for up to seven hours, or 'kettling', did not constitute a deprivation of liberty in violation of Article 5 of the European...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2013-02-01
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| Series: | Merkourios |
| Subjects: | |
| Online Access: | http://www.merkourios.org/index.php/mj/article/view/64 |
| _version_ | 1818321708814172160 |
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| author | Donna Cline |
| author_facet | Donna Cline |
| author_sort | Donna Cline |
| collection | DOAJ |
| description | <p>The European Court of Human Rights held in <em>Austin & Others v The United Kingdom </em>that the police confinement of a crowd of protestors for up to seven hours, or 'kettling', did not constitute a deprivation of liberty in violation of Article 5 of the European Convention of Human Rights. <em>Austin </em>was the first time the Court considered the application of Article 5 to the practice of kettling. The Court's previous Article 5 jurisprudence demonstrates that when analysing whether an individual has been unlawfully deprived of his or her liberty, the Court will consider the type of measure, its duration, its effects on the individual, and the manner of implementation of the restrictive measure. In <em>Austin</em>, the Court introduced a new factor in this analysis - the context in which the measure is imposed. This article examines the Court's deprivation of liberty jurisprudence, as well as the Article 5 exceptions to the prohibition of deprivation of liberty. Finally, the Court's finding in <em>Austin </em>is analysed to determine whether it now recognises a 'public safety exception' to Article 5.</p> |
| first_indexed | 2024-12-13T10:45:12Z |
| format | Article |
| id | doaj.art-82bf1054efb84edeafc49c65f61fbb90 |
| institution | Directory Open Access Journal |
| issn | 0927-460X |
| language | English |
| last_indexed | 2024-12-13T10:45:12Z |
| publishDate | 2013-02-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Merkourios |
| spelling | doaj.art-82bf1054efb84edeafc49c65f61fbb902022-12-21T23:50:16ZengUbiquity PressMerkourios0927-460X2013-02-0129762338Deprivation of Liberty: Has the European Court of Human Rights Recognised a ‘Public Safety’ Exception?Donna Cline<p>The European Court of Human Rights held in <em>Austin & Others v The United Kingdom </em>that the police confinement of a crowd of protestors for up to seven hours, or 'kettling', did not constitute a deprivation of liberty in violation of Article 5 of the European Convention of Human Rights. <em>Austin </em>was the first time the Court considered the application of Article 5 to the practice of kettling. The Court's previous Article 5 jurisprudence demonstrates that when analysing whether an individual has been unlawfully deprived of his or her liberty, the Court will consider the type of measure, its duration, its effects on the individual, and the manner of implementation of the restrictive measure. In <em>Austin</em>, the Court introduced a new factor in this analysis - the context in which the measure is imposed. This article examines the Court's deprivation of liberty jurisprudence, as well as the Article 5 exceptions to the prohibition of deprivation of liberty. Finally, the Court's finding in <em>Austin </em>is analysed to determine whether it now recognises a 'public safety exception' to Article 5.</p>http://www.merkourios.org/index.php/mj/article/view/64Deprivation of libertykettlingcivil libertiespublic demonstrationpublic safetyarbitrary detentionEuropean Convention of Human Rights |
| spellingShingle | Donna Cline Deprivation of Liberty: Has the European Court of Human Rights Recognised a ‘Public Safety’ Exception? Merkourios Deprivation of liberty kettling civil liberties public demonstration public safety arbitrary detention European Convention of Human Rights |
| title | Deprivation of Liberty: Has the European Court of Human Rights Recognised a ‘Public Safety’ Exception? |
| title_full | Deprivation of Liberty: Has the European Court of Human Rights Recognised a ‘Public Safety’ Exception? |
| title_fullStr | Deprivation of Liberty: Has the European Court of Human Rights Recognised a ‘Public Safety’ Exception? |
| title_full_unstemmed | Deprivation of Liberty: Has the European Court of Human Rights Recognised a ‘Public Safety’ Exception? |
| title_short | Deprivation of Liberty: Has the European Court of Human Rights Recognised a ‘Public Safety’ Exception? |
| title_sort | deprivation of liberty has the european court of human rights recognised a public safety exception |
| topic | Deprivation of liberty kettling civil liberties public demonstration public safety arbitrary detention European Convention of Human Rights |
| url | http://www.merkourios.org/index.php/mj/article/view/64 |
| work_keys_str_mv | AT donnacline deprivationoflibertyhastheeuropeancourtofhumanrightsrecognisedapublicsafetyexception |