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International Law

: prisonlawinsideout

Prisoners demand right to be fathers after landmark European ruling

By John Hirst

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Prisoners demand right to be fathers after landmark European ruling

Six prisoners in British jails have applied to have children with their partners following a landmark European court ruling that their human rights would be breached if they are prevented from becoming fathers.

"The inmates, all serving long sentences and including at least one murderer, claim they or their partners will be too old once they are released and should be allowed to donate sperm now for artificial insemination.

It follows a long legal battle over whether their right to fatherhood is guaranteed by the Human Rights Act.

The case was brought by Kirk Dickson, 34, who is serving a minimum 15 years sentence for kicking a man to death, and his wife Lorraine, 48, who he met through a prison penpal scheme while she was in prison for benefits fraud.

Their original request under the Human Rights Act in 2001 was blocked by the then Home Secretary, David Blunkett. The High Court, Court of Appeal and the European Court of Human Rights in Strasbourg also rejected the claim.

But Strasbourg's final appeal court, the Grand Chamber, then concluded that blocking the request was a denial of the couple's right to become parents.

It said the British Government had breached Article 8 of the European convention on human rights, which guarantees the right to a private and family life".

Full post as published by prisonlawinsideout on February 09, 2009 (boomark / email).

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