Author Topic: McCanns appeal to the European Court of Human Rights  (Read 530324 times)

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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2565 on: October 23, 2018, 09:27:22 AM »
Please provide a cite for this application.
Post 2567 ..have you read it

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #2566 on: October 23, 2018, 09:37:31 AM »
My understanding is that you can make any sort of application - you just fill out the form. and submit.
Doesn't mean it has any chance of being accepted though.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #2567 on: October 23, 2018, 09:46:33 AM »
Post 2567 ..have you read it

That isn't an application to have an order overturned in my opinion. If you think it is, you need to explain how you came to that conclusion.
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2568 on: October 23, 2018, 09:58:26 AM »
That isn't an application to have an order overturned in my opinion. If you think it is, you need to explain how you came to that conclusion.

So why did they go to the EcHr... Read the red highlight..
I've, asked you many tines, and you can't answer
They wanted ti take their sin to the, US... The, UK court said no... So they appealed to the ECHR... it's all their in the post

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #2569 on: October 23, 2018, 10:13:24 AM »
So why did they go to the EcHr... Read the red highlight..
I've, asked you many tines, and you can't answer
They wanted ti take their sin to the, US... The, UK court said no... So they appealed to the ECHR... it's all their in the post

They wanted the ECHR to agree that GOSH and the UK courts had deprived their son and them of their human rights. The ECHR didn't agree. Even if it had, it had no power to overturn the ruling of the UK courts.

Therefore their application to the ECHR wasn't an application to overturn an order.
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Offline slartibartfast

Re: McCanns appeal to the European Court of Human Rights
« Reply #2570 on: October 23, 2018, 10:28:28 AM »
They wanted the ECHR to agree that GOSH and the UK courts had deprived their son and them of their human rights. The ECHR didn't agree. Even if it had, it had no power to overturn the ruling of the UK courts.

Therefore their application to the ECHR wasn't an application to overturn an order.

IMO it’s sole intention was to get a stay on action via interim measures.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #2571 on: October 23, 2018, 10:47:24 AM »
IMO it’s sole intention was to get a stay on action via interim measures.

I agree. The parents (or their lawyers) must have known that their parental rights could be overruled by the courts if it seemed they were making the wrong decisions. I also think it's inappropriate to use this case to try to prove a point.
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2572 on: October 23, 2018, 10:53:54 AM »
I agree. The parents (or their lawyers) must have known that their parental rights could be overruled by the courts if it seemed they were making the wrong decisions. I also think it's inappropriate to use this case to try to prove a point.

I don't think it's innapropriate... You and slarti have been discussing it for two days... I have every sympathy for the parents

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2573 on: October 23, 2018, 10:59:47 AM »
IMO it’s sole intention was to get a stay on action via interim measures.

That isn't what the official documents show... It shows the parents, wanted the UK court overuled to enable them to take Charlie to the, US

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #2574 on: October 23, 2018, 11:32:13 AM »
That isn't what the official documents show... It shows the parents, wanted the UK court overuled to enable them to take Charlie to the, US

You said the "parents applied to have such an order overturned". Where is that written?
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2575 on: October 23, 2018, 11:33:25 AM »
You said the "parents applied to have such an order overturned". Where is that written?

Read the article posted... The discussion  is going nowhere.. You believe what you want and so wil I

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #2576 on: October 23, 2018, 11:55:24 AM »
Read the article posted... The discussion  is going nowhere.. You believe what you want and so wil I

I have and it says no such thing.
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2577 on: October 23, 2018, 12:17:09 PM »
I have and it says no such thing.

. Charlie’s parents also
asked the courts to consider whether it would be in the best interests of their son to undergo
experimental treatment in the U.S.A..


under Article 2 (right to life) that the hospital has blocked access to life sustaining
treatment (in the U.S.A.) for Charlie and under Article 5 (right to liberty and security) that, as a

Offline Alice Purjorick

Re: McCanns appeal to the European Court of Human Rights
« Reply #2578 on: October 23, 2018, 12:44:57 PM »

36
Can the ECHR invalidate laws or decisions of national courts that violate the Convention?

No. The ECHR can only state that certain actions, omissions, laws or court decisions on the
part of a State violate the Convention. It cannot invalidate or annul such acts. States are,
however, bound by the findings of the ECHR, in that they are required to ensure that ongoing
violations of the Convention are brought to an end, and that no such violations occur in the
future.


Sections 37 to 47 deal with "The Teeth" that the ECHR has.
Nothing exactly ferocious. More like "let's see if we can reach an agreement over a cup of tea"
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #2579 on: October 23, 2018, 01:12:31 PM »
. Charlie’s parents also
asked the courts to consider whether it would be in the best interests of their son to undergo
experimental treatment in the U.S.A..


under Article 2 (right to life) that the hospital has blocked access to life sustaining
treatment (in the U.S.A.) for Charlie and under Article 5 (right to liberty and security) that, as a

But didn't apply to have a Supreme Court ruing overturned. Probably because the case never reached the Supreme Court;

Permission to appeal was refused on the grounds that there was no arguable point of law
https://en.wikipedia.org/wiki/Charlie_Gard_case#Legal_proceedings

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