Human rights — Right to life — Right to humane treatment — Right to personal liberty — Right to privacy — Rights of the family — Obligation to respect rights — American Convention on Human Rights, 1969 — Costa Rica party to Convention — Human rights violations — Judgment of Constitutional Chamber of Supreme Court of Justice — Unconstitutional Executive Decree regulating IVF — Prohibition of IVF in Costa Rica — Whether Costa Rica violating Articles 4(1), 5(1), 7(1), 11(2), 17(2) and 24 in relation to Articles 1(1) and 2 of American Convention on Human Rights

Human rights — Right to privacy and rights of the family — Articles 11(2) and 17(2) of American Convention on Human Rights — Scope of these rights — Whether right to private life including reproductive autonomy and access to reproductive health services — Whether these rights extending to right to enjoy benefits of scientific progress — Whether Costa Rica violating Articles 11(2) and 17(2) in relation to Article 1(1) of American Convention on Human Rights

Human rights — Obligation to respect rights — Article 1(1) of American Convention on Human Rights — Principle of non-discrimination — Whether to analyse violation under Article 24 of American Convention on Human Rights — Whether interference with treaty-based rights — Whether interference proportionate — Whether interference having indirect discriminatory effects — Disability — Gender — Financial situation — Whether Costa Rica violating Article 1(1) in relation to Articles 11(2) and 17(2) of American Convention on Human Rights

Treaties — Interpretation — Articles 31(2), 31(3) and 31(4) of Vienna Convention on the Law of Treaties, 1969 — Right to life — Article 4(1) of American Convention on Human Rights, 1969 — Ordinary meaning of terms — Use of scientific literature — Systematic and historical interpretation — Travaux préparatoires of human rights treaties — Evolutive interpretation — Object and purpose — Interpretation of “human being”, “person”, “in general”, “moment of conception” — Whether embryo having a right to life under Article 4(1) of American Convention on Human Rights

International tribunals — Inter-American Court of Human Rights — Preliminary objections by Costa Rica — Exhaustion of domestic remedies — Article 46 of American Convention on Human Rights — Time-barred petitions by victims — Interpretation of six-month requirement — Article 46(1)(b) of American Convention on Human Rights — Supervening facts — Competence of Court — Judgment on Preliminary Objections, Merits, Reparations and Costs

Damages — Reparations — Monetary and other — Costa Rica to take appropriate measures to annul prohibition of IVF — Costa Rica to regulate implementation of IVF — Costa Rica to include IVF in infertility treatments offered by health-care services — Article 63(1) of American Convention on Human Rights

Relationship of international law and municipal law — Treaties — Application and interpretation — European Community–Israel Association Agreement — Protocol 4 to the EC–Israel Association Agreement — Territorial scope — Free movement of goods — Customs duties — Originating product — Exporting State best placed to verify place of origin — Certification of place of origin — Verification of place of origin — Whether importing States bound by exporting States’ verification — Preferential treatment — Refusal of preferential treatment in absence of adequate verification — Customs Cooperation Committee — Whether importing States bound to refer disputes to Customs Cooperation Committee — Association Council — Israeli customs authorities’ failure to certify products originating in occupied territories as having originated in Israel — Products originating in occupied territories not qualifying for preferential treatment under EC–Israel Association Agreement

Treaties — Application and interpretation — European Community–Palestine Liberation Organization Association Agreement — Territorial scope — West Bank and Gaza Strip — Originating product — Preferential treatment only applicable to products originating in the occupied territories under the EC–PLO Association Agreement and where certified by Palestinian customs authorities — Treaties not binding third parties without their consent — Vienna Convention on the Law of Treaties, 1969, Article 34

Territory — Occupied territory — Territorial scope of treaty — West Bank and Gaza Strip — EC–Israel Association Agreement — Preferential customs treatment for goods originating in Israel imported into the European Community — Whether applicable to goods originating in the occupied territories

War and armed conflict — Belligerent occupation — West Bank and Gaza Strip — Status — Whether Israeli territory — EC–Israel Association Agreement — Preferential customs treatment for goods originating in Israel imported into the European Community — Whether applicable to goods originating in the occupied territories

Relationship of international and municipal law — Treaties — European Community — Court of Justice of the European Communities — Referral of questions to the Court of Justice — Obligations of Member States of European Community under the EC–Israel Association Agreement and EC–PLO Association Agreement — The law of the European Union

Human rights — Prohibition of torture and cruel, inhuman or degrading treatment — Applicant receiving life sentence — Applicant given whole life order by Secretary of State — Whether whole life order violating Article 3 of European Convention on Human Rights, 1950 — Need for review mechanism in respect of whole life sentences — General principles — Whether life sentence irreducible as matter of law and practice — Whether prospect of release and possibility of review of sentence — Whether review mechanism available to applicant sufficient to comply with requirements of Article 3 of European Convention

Treaties — Interpretation — European Convention on Human Rights, 1950, Article 3 — Prohibition of torture and inhuman or degrading treatment or punishment — Whether applicant’s whole life order compatible with Article 3 of European Convention — Whether life sentence irreducible as matter of law or practice — Whether prospect of release and possibility of review of sentence — Whether review mechanism available to applicant sufficient to comply with requirements of Article 3 of European Convention

Relationship of international law and municipal law — Treaties — Interpretation — Scope — Article 3 of European Convention on Human Rights, 1950 prohibiting torture and inhuman or degrading treatment or punishment — Whether whole life order violating Article 3 of European Convention — State choosing its criminal justice system — Sentence review and release arrangements — Requirement of compatibility with Convention principles — Whether life sentence compatible with Article 3 of European Convention — Whether life sentence irreducible as matter of law and practice — Whether prospect of release and possibility of review of sentence — Human dignity — Aim of imprisonment — Rehabilitation — European penal policy — International law — Article 10(3) of International Covenant on Civil and Political Rights, 1966 — Human Rights Committee’s General Comment on Article 10 — Need for review mechanism in respect of whole life sentences — General principles — Whether review mechanism available to applicant sufficient to comply with requirements of Article 3 of European Convention — Strasbourg jurisprudence — English jurisprudence — Interpretation of domestic legislation — Whether European Court of Human Rights to accept national court’s interpretation of domestic law — Whether Secretary of State’s discretionary power to release under domestic law complying with requirements of Article 3 of European Convention

Human rights — Elections — Electoral rights — Right to vote — Right to stand in parliamentary elections — Applicant’s complaints under Article 3 of Protocol No 1 to European Convention on Human Rights, 1950 — Whether admissible — Whether complaint under Article 3 of Protocol No 1 admissible in so far as it concerned applicant’s removal from office or his ineligibility to stand for election as President of Lithuania — Whether complaint under Article 3 of Protocol No 1 admissible in so far as it concerned applicant’s inability to stand for election to Seimas — Whether Article 3 of Protocol No 1 applicable to election of members of Seimas — Whether failure to exhaust domestic remedies — Whether compliant with six-month time limit — Whether Article 17 of European Convention applicable — Examination on merits — Importance of Article 3 of Protocol No 1 in Convention system — Fundamental principle of effective democracy — Right to vote — Right to stand for election — Whether absolute rights — Margin of appreciation of States — Whether restrictions on electoral rights impairing essence of right or its effectiveness — Whether restrictions pursuing legitimate aim — Whether proportionate — Whether Lithuania violating Article 3 of Protocol No 1 on account of applicant’s inability to stand for election to Seimas

Human rights — Fair hearing — Applicant’s complaints under Articles 6 and 7 of European Convention on Human Rights, 1950 and Article 4 of Protocol No 7 — Whether admissible — Whether Article 6(1) of European Convention applicable in either its civil or criminal aspect to Lithuanian Constitutional Court proceedings in issue — Whether this part of application compatible ratione materiae with Convention provisions

Human rights — Remedy — Applicant’s complaint under Article 13 of European Convention on Human Rights, 1950, taken in conjunction with Article 3 of Protocol No 1 — Whether admissible — Whether Article 13 of European Convention requiring provision of a remedy allowing constitutional precedent with statutory force to be challenged — Damage — Just satisfaction — Article 41 of European Convention

Human rights — Elections — Right to free elections — Right to stand as candidate — Former President barred from standing for office because of impeachment — Admissibility of author’s communication to Human Rights Committee — Examination of claim under another procedure of international investigation or settlement — European Court of Human Rights — Council of Ministers — Whether author’s claims incompatible ratione materiae with International Covenant on Civil and Political Rights, 1966 — Consideration of merits — Entitlement to a fair and public hearing by a competent, independent and impartial tribunal established by law in determination of any criminal charges or of rights or obligations in a suit at law — Protection against finding of criminal liability for any act or omission not constituting a criminal offence when committed — Right to take part in the conduct of public affairs — European Convention on Human Rights, 1950, Article 3 of Protocol No 1 — International Covenant on Civil and Political Rights, Articles 14, 15 and 25 — United Nations Human Rights Committee

Human rights — Equality of all persons before courts and tribunals — Right to fair and public hearing by a competent, independent and impartial tribunal established by law — All persons equal before the law and entitled without discrimination to the equal protection of the law — Right of minorities to enjoy their own culture — International Covenant on Civil and Political Rights, 1966, Articles 14, 26 and 27 — Remedy for violation — United Nations Human Rights Committee

Human rights — Prohibition of torture and cruel, inhuman or degrading treatment or punishment — Freedom from arbitrary arrest and detention — Persons deprived of liberty to be treated with humanity and respect for inherent dignity of the person — Freedom from arbitrary interference with privacy, family and home — No implied right of the State to engage in any activity aimed at destruction of rights and freedoms — Admissibility of author’s communication to Human Rights Committee — Consideration of merits — Right to effective remedy — International Covenant on Civil and Political Rights, 1966, Articles 2, 7, 9, 10 and 17 — Remedy for violation — United Nations Human Rights Committee

Human rights — Liberty of movement — Equality before the law — Right to freedom from discrimination — Right to effective remedy — International Covenant on Civil and Political Rights, 1966, Articles 12 and 26 — Admissibility of author’s communication to Human Rights Committee — Case previously submitted to European Court of Human Rights — Whether European Court had considered claim on the merits — Remedy for violation — United Nations Human Rights Committee

Governments — Separation of executive and courts — Independent prosecutors — Exercise of statutory powers and discretion — Independent decision-making — Taking relevant considerations into account — Effect of opinions and advice of others on independence of decisions — Shawcross exercises — Threats — Impact of threats on independent decision-making — The rule of law — Whether decision of Director of Serious Fraud Office to discontinue investigation lawful — Criminal Justice Act 1987

Relationship of international law and municipal law — Treaties — Interpretation and application — Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 1997 — Article 5 — Relevance — Organization for Economic Cooperation and Development — OECD Working Group on Bribery in International Business Transactions — Whether municipal courts to desist from interpretation of unincorporated international instruments — Value of uniform interpretation of international instruments — Whether municipal courts can consider unincorporated international instruments considered by decision-makers when assessing legality of decisions — Criminal Justice Act 1987 — Serious Fraud Office — Investigations and prosecutions — Anti-terrorism, Crime and Security Act 2001

Treaties — Interpretation — Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 1997 — Article 5 — Relevance — Investigation and prosecution of bribery of foreign public officials — Applicable rules and principles of Contracting Parties — Parties not to be influenced by considerations of national economic interest, potential effect on relations with other States or identity of natural or legal persons involved — National security — Intersection of national security and relations with other States — European Convention on Human Rights, 1950 — Article 2 — Right to life — Vienna Convention on the Law of Treaties, 1969 — Article 31 — Interpretation of treaties in good faith in light of object and purpose — The law of England

Human rights — Asylum — European Convention on Human Rights, 1950 — Article 8 — Right to respect for private and family life — “Flagrant breach” of Article 8 right being so fundamental as to amount to nullification or destruction of very essence of right — “Flagrant breach” not distinct from “complete denial” and “nullification” — Article 8 rights of all persons affected by decisions to be taken into account — Article 14 — Prohibition of discrimination — Discrimination on grounds of sex — Whether aliens can claim entitlement under Convention to remain in Contracting State to escape discriminatory or arbitrary system in country of origin in exceptional circumstances — Right of States to control entry, residence and expulsion of aliens — Best interests of the child

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Article 8 — Sharia law — Family law — Custody of children — Lebanese automatic entitlement of father or male paternal relative to custody of children from age seven — The law of England

Territory — Overseas territories — Governance — Turks and Caicos Islands — Right to self-determination — Judicial review — Whether Orders for peace, order and good government generally beyond scrutiny by courts

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Protocol No 1 to European Convention, 1952 — West Indies Act 1962 — Constitution of Turks and Caicos Islands 2006 — Orders in Council — Turks and Caicos Islands Constitution (Interim Amendment) Order 2009

Human rights — Right to self-determination — Whether right to self-determination a free-standing principle in Turks and Caicos Islands — Whether State’s undertaking to hold free elections including commitment not to amend decisions of electorate unless compelling grounds for democratic order — Due process — Right to a fair hearing by an independent and impartial court established by law — Right to a fair trial — Trial by jury — Whether a fair hearing conditional on trial by jury

Treaties — European Convention on Human Rights, 1950 — Article 6 — Right to a fair trial — Protocol No 1 to European Convention, 1952 — Article 3 — Right to free elections — Article 4 — Withdrawal from Article 3 — The law of England