The Weekly Law Reports
[2010] 3 WLR 223
Supreme Court
Regina (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening)
[2010] UKSC 29
2010 March 15,
16,
17;
June 30
June 30
Lord Phillips of Worth Matravers PSC, Lord Hope of Craighead DPSC, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Collins of Mapesbury, Lord Kerr of Tonaghmore JJSC
Human rights— Right to life— State’s duty to investigate death— Soldier dying of hyperthermia sustained while carrying out duties off base in Iraq— Whether death of soldier within scope of Human Rights Convention or of legislation giving domestic effect to Convention— Whether procedural requirements implicit in Convention right to life applying to inquest into soldier’s death—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 2
—
Convention for the Protection of Human Rights and Fundamental Freedoms (1953) (Cmd 8969), art 1