Monday, 15 June 2009
Human Rights and the Armed Forces
Lord Astor of Hever will ask today "Her Majesty’s Government what is their reaction to the judgment of the Court of Appeal on 18 May regarding the applicability of the Human Rights Act 1998 to members of the armed forces operating in combat zones."
In the case of R (Smith) v Secretary of State for Defence the Court of Appeal held that sending out soldiers without adequate protection could be an actionable breach of their human rights. A newspaper report can be found at: http://www.guardian.co.uk/uk/2009/may/18/british-soldiers-human-rights-battle
The full judgment can be read at http://www.judiciary.gov.uk/docs/judgments_guidance/sec-state-defence-queen-smith-others.pdf