Chapter 1 • International Human Rights Law and the Role of the Legal Professions: A General Introduction
of religion had been violated by the written reply from the Ministries. However, the
Administrative Court of Appeal concluded that the protection afforded by article 9 of
the European Convention and article 18 of the International Covenant had not been
infringed. As to the alleged violation of article 26 of the International Covenant, the
Court likewise found that it had not been violated, since the ministerial reply did not
result in discriminatory treatment of the pianist on the basis of his beliefs or religious
convictions, the reply being limited to the announcement of a specific procedure to be
followed in the future with regard to the allocation of grants made available for the
organization of events by third persons/agents. For this reason, and considering that
the plaintiff in this case was not himself a recipient of any grant, it was not necessary to
clarify whether he could base himself inter alia on the protection afforded by article 26
of the International Covenant, were an application for a grant to be rejected on the
abovementioned ground.55
New Zealand: The 1994 Simpson v. Attorney General case, one of the most famous
human rights cases in New Zealand, originated in an allegedly unreasonable search of
the plaintiff’s home which, it was claimed, violated the New Zealand Bill of Rights Act
1990. In its decision, the Court of Appeal emphasized that the purposes of the Bill of
Rights were to
“affirm, protect, and promote human rights and fundamental freedoms in
New Zealand and to affirm New Zealand’s commitment to the
International Covenant on Civil and Political Rights. From these purposes,
it was implicit that effective remedies should be available to any person
whose Bill of Rights guarantees were alleged to have been violated”.56
When there had “been an infringement of the rights of an innocent person”,
“monetary compensation was”, in the view of the Court, “an appropriate and proper,
indeed the only effective, remedy”.57 As observed by the Court, that “was consistent
with a rights-centred approach to the Bill of Rights and international jurisprudence on
remedies for human rights violations”, and reference was in this respect, inter alia,
made to the jurisprudence on remedies of both the Human Rights Committee and the
Inter-American Court of Human Rights.58
United Kingdom: The most prominent case decided in recent years in which
international human rights law played an important role is the case of Pinochet, which
was decided by the House of Lords on 24 March 1999, and which originated in a
request that the Chilean Senator – and former Head of the Chilean State – be extradited
from the United Kingdom to Spain to be tried for crimes of torture and conspiracy to
torture, hostage-taking and conspiracy to take hostages, as well as conspiracy to commit
murder – acts committed whilst he was still in power. The obligations to which the 1984
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment gave rise, were incorporated into United Kingdom law by Section 134 of
the Criminal Justice Act 1988, which entered into force on 29 September 1988. The
55 Urteil vom 15. Oktober 1996, Verwaltungsgerichtshof Baden-Württemberg, 10 S 1765/96, in particular, pp. 11-16: as to
article 26 of the International Covenant, see p. 16.
56 Simpson v. Attorney General (1994) 1 HRNZ at 42-43.
57 Ibid., at 43.
58 Ibid., loc. cit.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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