ABSTRACT

It is common for human rights claims to allege breaches of both Arts 9 and 10, though the approach of the courts has usually been to choose one of the rights as being the principal right in question and to decide the case by reference to that right. For example, in the cases of Sahin v Turkey 10 November 2006 and Hammond v DPP [2004] EWHC 69 (Admin) breaches were alleged of both Arts 9 and 10. In the case of Sahin, the European Court of Human Rights decided that Art 9 was the important article, whilst in the case of Hammond the High Court decided to concentrate on Art 10.