ECtHR: French ban on buying sex not in breach of human rights law

The Strasbourg court handed down its judgment in a case brought by 261 men and women of various nationalities who said they habitually and lawfully sell sex in France and argued that they were negatively affected by a ban introduced through legislation in 2016.

They alleged that the law seriously endangered the physical and mental integrity and health of individuals engaged in prostitution, and radically infringed on their right to respect for private life, insofar as this included the right to personal autonomy and sexual freedom.

Though their application relied on Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment) and 8 (right to respect for private life), the court considered that it was more appropriate to examine all of the complaints under Article 8.

In its Chamber judgment, which is only available in French, the court unanimously held that there had been no violation of Article 8.

The court noted that the issue of sex work raised very sensitive moral and ethical questions, giving rise to different, often conflicting, views, and that there was still no general consensus among the member states of the Council of Europe, or even within the various international organisations examining the issue, on how best to approach it.

It then noted that recourse to the general and absolute criminalisation of the purchase of sexual acts as a means of combatting human trafficking was currently the subject of heated debate, giving rise to wide differences of opinion at both European and international level, without a clear position emerging.

The court concluded that the French authorities therefore had a wide margin of appreciation in legislating on sex work, though had a duty to keep its approach under constant review.

Amnesty International, which submitted a third-party intervention sharing its research findings from Ireland and other jurisdictions, expressed disappointment in the outcome.

“Our research has highlighted that laws supposedly intended to protect sex workers are in fact putting them at higher risk of abuse and violence, including rape and physical attacks,” Anna Błuś, Amnesty’s women’s rights researcher, said.

“Today’s judgment is a blow to the courageous sex workers who brought this case. We continue to stand alongside sex workers as they demand protection for their human rights and seek justice for rights violations perpetrated against their community and improve protection of their human rights going forward.”

Application made for drug-checking pilot in Glasgow

The Glasgow health and social care partnership service would be based at a hub on the same site as the UK’s first Safer Drug Consumption Facility, which is scheduled to open later this year.

The Glasgow drug-checking service would allow dependent drug users to submit a drug sample which will then be tested to identify the substance. HSCP staff at the site will then be able to provide specific health and harm-reduction information directly to people who have come in.

It follows applications from organisations in Aberdeen and Dundee for similar facilities earlier this year. Scottish government funding of £1 million has been committed to establish the three sites.

Speaking during a visit to the site of the Glasgow hub, drugs minister Christina McKelvie said: “Glasgow’s licence application is a welcome milestone.

“Drug-checking facilities would enable us to respond faster to emerging drug trends – which is particularly important given the presence of highly dangerous, super-strong synthetic opioids like nitazenes in an increasingly toxic and unpredictable drug supply. These increase the risk of overdose, hospitalisation and death, and are being found in a range of substances.

“We’re taking a wide range of measures to reduce harm and save lives – including the opening of a Safe Drug Consumption Facility pilot in Glasgow, supported by £2.3 million in ringfenced funding. I was pleased to see the progress that has been made and I’m grateful to everyone involved for their hard work.

“This facility is not a silver bullet. But we know from evidence from more than 100 facilities worldwide that they work.”

UK drops objections to ICC warrants as top lawyer urges end to Israeli weapons exports

After weeks of speculation, the Labour government confirmed on Friday that it would “not be pursuing” an objection submitted to the International Criminal Court (ICC) by the previous Conservative administration.

“The government feels very strongly about the rule of law internationally and domestically, and the separation of powers, and I would note the courts have already received a number of submissions on either side and they are well seized of the arguments to make their determination,” a spokesperson for the prime minister said.

Karim Khan KC, the ICC’s chief prosecutor, announced in May that he was seeking arrest warrants for Netanyahu and Israeli defence minister Yoav Gallant, as well as Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh.

In late June, it emerged that the UK had made a submission to the ICC questioning whether the court has jurisdiction to issue warrants against Israelis.

This was one of a number of issues relating to the UK’s relationship with Israel which the Labour government said it was considering upon coming to office.

The other is British arms exports to Israel, which top human rights lawyer Professor Philippe Sands KC has said should immediately be stopped following last week’s ruling by the International Court of Justice (ICJ), which said Israel’s occupation of the Palestinian territories is unlawful and must end.

The “most immediate issue” arising from the judgment “is the obligation in the advisory opinion on the states, which includes the United Kingdom, not to aid or assist in the maintenance of the current situation in the occupied territories”, Professor Sands has told The Guardian.

He added: “That legal obligation precludes sales of military material which could be used directly or indirectly to assist Israel in maintaining its unlawful occupation of the occupied Palestinian territories.”

The UK’s foreign secretary David Lammy is reportedly considering new measures, though there is speculation that this could draw a distinction between “offensive” and “defensive” weapons.

Mr Lammy recently told MPs that it “would not be right to have a blanket ban between our countries and Israel”.

Law firms among founding partners of Scottish Space Network

Established in 2023, the network is dedicated to supporting the sector by promoting the achievements of Scottish SpaceTech companies, attracting investment, nurturing talent pipelines and developing commercial opportunities.

The sector is expected to grow substantially, with revenue projected to reach £4 billion within the next six years and the creation of over 12,000 new jobs by 2030.

Callum Sinclair, partner and head of technology and commercial at Burness Paull, said: “With Scotland at the heart of the UK’s space industry, we’re very excited to join the Scottish Space Network as a founding partner and play our part in helping the sector realise its ambitions.

“From advising growing businesses creating world-class tech to being involved in the development of the Sutherland Spaceport project, we’ve long been part of the ecosystem providing legal advice across a range of business areas including funding & investment, employment & immigration, and cyber & data privacy.

“The Scottish Space Network is a driving force behind the sector and we look forward to adding value to members and other partners alike.”

Dr Phil Merchant, principal chartered (UK) and European patent attorney at IP firm Marks & Clerk, said: “As a firm with a rich history of supporting technological innovation, Marks & Clerk is thrilled to join the Scottish Space Network as a founding partner.

“The space sector in Scotland is rapidly advancing, and we are eager to contribute our expertise in intellectual property to help safeguard and promote the groundbreaking developments emerging from this dynamic industry. We look forward to collaborating with the network and its partners to drive forward the vision of Scotland as a global leader in space technology.”

ASPC: Second quarter shows signs of recovery for Aberdeen housing market

The Aberdeen Solicitors’ Property Centre Limited (ASPC), in cooperation with the University of Aberdeen Business School, Centre for Real Estate Research, has released their 2024 second quarter report for the Aberdeen Housing Market.

The data for the three main indices, all reflecting positive growth, are as follows:

• The quarterly house price change in Aberdeen was 3.1 per cent
• The annual house price change in Aberdeen was 0.1 per cent
• The annualised house price change over five years in Aberdeen was 1.1 per cent

John MacRae, chairman of the board of directors of ASPC, said this quarter’s report “makes for interesting, possibly encouraging, reading”.

He added: “I had confessed in our first quarter report that I was finding it difficult to categorise our local housing market, due to variations in data in different areas of our market, and types of housing. I had also referred to some degree of hope, however, because of encouraging signs of increased activity that we could see in the early part of the second quarter.

“The second quarter report from Aberdeen University Centre for Real Estate Research has confirmed that those signs were not false prophets.”

Noting all three main indices in the report are reflecting positive growth, Mr MacRae said that it is “the first time this has been the case since 2022”.

He explained: “This information, coming at the same time as we at ASPC are finding levels of activity remaining high, encourages us to think our local market may be starting a gradual recovery towards pre covid levels.

“We need to be cautious, as the second quarter of the year is, normally, the most active. External factors, however, may be more helpful than they have been for some time – particularly as there is a new government and there may be a feeling of renewed optimism that things will change for the better. Other factors include inflation seeming to be easing down, the (distant) prospect of interest rates moving downward, and a general feeling of optimism.

“I would like to see the second half of the year echo the first. While not expecting activity to match the level of the second quarter, we will have further proof of a market in recovery if the second half is correspondingly encouraging.”

England: Labour urged to reform law on joint enterprise

A report from the Centre for Crime and Justice Studies (CCJS) states that the law on joint enterprise, in which two or more defendants are accused of the same crime in respect of the same incident, has caused overcriminalisation and discriminatory outcomes as conviction are being obtained in the absence of evidence.

Joint enterprise has been a sources of concern particularly in homicide cases as they lead to peripheral actors being tried and convicted as if they were perpetrators.

The report from the CCJS, will be published in September this year, has been shared with The Guardian. It details a case from 2017 in which 11 black and mixed-race teenagers were sentenced to a total of 168 years’ imprisonment for a single murder in Manchester.

The prosecution produced a gang narrative “underpinned by a rap music video, used as evidence of the defendants’ ‘membership’ or ‘allegiance’ to the ‘gang’”.

Author of the report, Nisha Waller, said: “The current law encourages the overcharging of suspects and allows cases to be propelled forward based on poor-quality evidence. Prosecutors are then left to fill the gaps with speculative theories and often racialised narratives from which juries are invited to infer joint responsibility.”

A Ministry of Justice spokesperson said: “We are aware of concerns that these prosecutions may disproportionately affect some communities. However, it is important that those who commit crimes are brought to justice. We are keeping this matter under review and will consider changes to the law where necessary.”

Three EU member states referred to CJEU over fair trial rules

The European Commission last week announced further action to be taken in separate infringement proceedings against Hungary, Czechia and Bulgaria.

Hungary and Czechia will be referred to the CJEU over their alleged failure to correctly transpose the directive on the right of access to a lawyer and to communicate upon arrest (Directive 2013/48/EU).

With regards to Hungary, the Commission believes that rules about derogations from the right of access to a lawyer due to investigative needs and the waiver of the right of access to a lawyer are not correctly transposed.

In Czechia, the Commission believes that one of the Directive’s provisions in relation to possible derogations from the right of access to a lawyer has not been correctly transposed into national law.

The deadline for transposition of Directive 2013/48/EU was in November 2016.

Meanwhile, Bulgaria is being referred to the CJEU for allegedly failing to correctly transpose the directive on right to information in criminal proceedings (Directive 2012/13/EU).

This is because Bulgaria does not extend the rights of suspects under the directive to people who are de facto suspects of a criminal offence but have not been formally identified as accused persons.

The deadline for transposition of Directive 2012/13/EU was in June 2014.

Former ECtHR president Dr Síofra O’Leary awarded LLD by Edinburgh Law School

Dr O’Leary’s laureation address was given by Professor Niamh Nic Shuibhne, who also co-sponsored her nomination.

In 2022, Dr O’Leary made history by becoming the first woman elected as president of the European Court. During her term she steered the court through some of its most challenging years.

About Dr O’Leary’s award, Professor Nic Shuibhne said: “My co-sponsor, Professor Sir David Edward, and I are delighted to see Dr O’Leary honoured in this way by the University of Edinburgh.

“She is an outstanding role model for our graduates in so many ways – through the excellence of her academic work, her ground-breaking appointment as president of the European Court of Human Rights, and the integrity and grace that define her contributions to law and to the wider world.”

Strathclyde team impress at Nelson Mandela moot

Pictured: Aidan Fisher and Esra Alfadil

Esra Alfadil and Aidan Fisher were successful in the preliminary rounds of the competition and were one of 24 teams invited to the qualifying rounds at the Palais de Nations in Geneva, Switzerland.

The team gave submissions on four distinct areas of international human rights law, across multiple rounds, before a panel of human rights academics, advocates, and practitioners.

Strathclyde was the only Scottish institution and only one of two institutions from the UK to qualify.

Out of a total of 92 teams participating across all rounds, with 34 countries and 90 institutions represented, the team placed joint 10th with Mr Fisher being awarded a prize for best individual oralist. This was both students’ first time participating in an external moot.

Dr Elaine Webster, who coached the team, said: “Thank you to everyone who supported Esra and Aidan, including the sponsors of the trip – the University, the law school, the alumni fund, the Faculty of Advocates, and Miller Hill Samuel Brown.

“Esra and Aidan have done themselves, the Mooting Society, and their supporters proud! They entered the competition on their own initiative, worked incredibly hard, and took part in a global competition of an exceptionally high standard. It was a truly wonderful learning experience.”

Quote of the day

In all of history, we have found just one cure for error—a partial antidote against making and repeating grand, foolish mistakes, a remedy against self-deception. That antidote is criticism.

David Brin, ‘The Transparent Society’ (1998)

And finally… hot on the case

Under Japanese law, motorised suitcases – some of which can travel up to 13 kilometres or eight miles per hour – are classed as vehicles which can only be operated with a driving licence.

Police have begun taking enforcement action amid complaints that they are becoming an increasingly common nuisance in airports, city streets and even in shops.

A Chinese woman in her 30s was referred to prosecutors last month for driving without a licence after allegedly riding a three-wheeled motorised suitcase on a pavement in Osaka, The Guardian reports.

An Indonesian boy was also disciplined for riding a suitcase in a busy Osaka shopping district.

Other electronic vehicles, meanwhile, are becoming more tolerated. For example, as of July 2023, over-16s can now ride e-scooters in Japan without the need for a licence.

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