The position until recently with regard to rights enjoyed by UK armed forces personnel was more restrictive. The case of R (on application of Smith) v Secretary of State for Defence [2010] UKSC 29 concerned Private Jason Smith, a Territorial Army soldier, who died of heatstroke while serving in Iraq in 2003. The issue was whether the ECHR applies extra- territorially to protect British troops abroad, specifically when operating in areas not under UK control. If jurisdiction could be established under the ECHR, art 1, the next issue was whether his next of kin could establish a claim in respect of his rights under the ECHR, art 2 against the Ministry of Defence. The majority in the Supreme Court held that [...].
Answer
the jurisdiction of the ECHR did not extend to protection of Jason Smith's rights under the ECHR, art 2, as he had died as a result of conditions in the field where he was operating in an area seen to be outside UK control
Tags
#human-rights #public
Question
The position until recently with regard to rights enjoyed by UK armed forces personnel was more restrictive. The case of R (on application of Smith) v Secretary of State for Defence [2010] UKSC 29 concerned Private Jason Smith, a Territorial Army soldier, who died of heatstroke while serving in Iraq in 2003. The issue was whether the ECHR applies extra- territorially to protect British troops abroad, specifically when operating in areas not under UK control. If jurisdiction could be established under the ECHR, art 1, the next issue was whether his next of kin could establish a claim in respect of his rights under the ECHR, art 2 against the Ministry of Defence. The majority in the Supreme Court held that [...].
Answer
?
Tags
#human-rights #public
Question
The position until recently with regard to rights enjoyed by UK armed forces personnel was more restrictive. The case of R (on application of Smith) v Secretary of State for Defence [2010] UKSC 29 concerned Private Jason Smith, a Territorial Army soldier, who died of heatstroke while serving in Iraq in 2003. The issue was whether the ECHR applies extra- territorially to protect British troops abroad, specifically when operating in areas not under UK control. If jurisdiction could be established under the ECHR, art 1, the next issue was whether his next of kin could establish a claim in respect of his rights under the ECHR, art 2 against the Ministry of Defence. The majority in the Supreme Court held that [...].
Answer
the jurisdiction of the ECHR did not extend to protection of Jason Smith's rights under the ECHR, art 2, as he had died as a result of conditions in the field where he was operating in an area seen to be outside UK control
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it diction could be established under the ECHR, art 1, the next issue was whether his next of kin could establish a claim in respect of his rights under the ECHR, art 2 against the Ministry of Defence. The majority in the Supreme Court held that <span>the jurisdiction of the ECHR did not extend to protection of Jason Smith's rights under the ECHR, art 2, as he had died as a result of conditions in the field where he was operating in an area seen to be outside UK control.<span><body><html>
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.