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Case of Abdulaziz, Cabales and Balkandali
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Discrimination — European Convention on Human Rights, 1950, Article 14 — Scope — Requirement that Article 14 be taken in conjunction with another provision of Convention — No requirement of separate violation of other provisions — Discrimination contrary to Convention if State accords greater benefits than those required by provision of Convention but does so in a discriminatory fashion — Sex discrimination — Husband of woman lawfully settled in United Kingdom not permitted to settle in United Kingdom on same terms as wife of man lawfully settled in United Kingdom — Race discrimination — Preferential treatment for husbands of women possessing United Kingdom citizenship by birth in United Kingdom or with a parent born in the United Kingdom — Whether legitimate
Human rights — Private and family life — Duty of State to respect — Whether requiring State to permit alien husband of woman lawfully settled in State to settle with her — Inhuman and degrading treatment — Whether refusing him permission to reside in State with his wife inhuman and degrading treatment — European Convention on Human Rights, 1950, Articles 3 and 8
Human rights — Remedies in national law — Duty to provide remedies for violation of Convention rights — Convention not incorporated into English law — Whether remedy for breach of Convention available under English law — European Convention on Human Rights, 1950, Article 13
Human rights — Immigration — Right of entry — Protocol No. 4 to European Convention on Human Rights, 1950 — Whether other provisions of Convention applicable to immigration matters
Aliens — Immigration — Right of entry — Whether State required to admit alien husband to reside with wife lawfully settled in State
Damages — Human rights violation — Non-pecuniary damage — Whether declaration of violation of Convention sufficient satisfaction — European Convention on Human Rights, 1950, Article 50
Relationship of international law and municipal law — Treaties — Status of European Convention on Human Rights, 1950, in English law — Duty of State party to Convention to provide remedy under national law
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