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Britain breached the human rights of a murderer and his wife by refusing them access to IVF treatment, the European Court ruled yesterday.
Kirk Dickson, 35, and his wife Lorraine now have the right to start a family even though he is serving a life sentence.
The couple, who met via a pen pal network while Mrs Dickson was also in prison, were determined to have a baby but Dickson’s earliest release date from a minimum 15-year sentence is 2009, when Mrs Dickson, of Beverley, East Yorkshire, will be 51.
The Dicksons, who married in 2001, argued that artificial insemination was their only chance to have a child of their own and that a Home Office decision to deny them access to treatment breached their human rights.
They had launched a legal battle in October 2001, but David Blunkett, then Home Secretary, rejected their claim. The Dicksons took their fight to the European Court of Human Rights in Strasbourg, where, in April 2006, they lost again.
However, the court’s Grand Chamber overturned that ruling yesterday, voting 12 to 5 in favour of allowing the couple access to the treatment and awarding them €5,000 (£3,500) in damages and €21,000 in costs.
The couple’s lawyer, Elkan Abrahamson, said last night that they were both elated at the decision. However, it would make little difference because Dickson was now in an open prison and allowed home leave.
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Ridiculous, however way you put it, prisons were designed to punish and inturn make criminals suffer for their crimes. Whilst incarcerated they have no standing in society and they should forgo all freedoms and privileges otherwise available to us all. How can we invest hope in a society that recognises criminals more akin to "patients" than evil wrongdoers. Criminals who are sent to prison are in effect taken out of society and punished for their wrongdoing, this then serves as a deterrent to potential criminals whilst also protecting the public from further harm inflicted. No TV, no access to amenities, no drug taking, no special privileges and no to partaking in any outside activity for all incarcerated criminals, end of
Danny, Leeds,
Unbelievable!!!
He should have no rights after taking a life. As for damages and costs I hope the family of the person he murdered get in there quick and sue him for damages before he has a chance to enjoy the spoils of crime.
Shame on the 12 for voting in favour and shame on his lawyer.
All I can hope and pray for is that no child is conceived because no child deserves that!
P, Midlands,
Why did the case carry on when it became irrelevant? Just in case he kills someone else before she gets pregnant?
What about the rights of the wider population to prevent the perpetuation of a homocidal gene?
Another example of the stupidity of allowing a court composed of people with nothing to do with British values to judge British cases; the sooner it is stopped the better.
Simon, Wokingham, UK
Agree totally with Lyndsey.
The whole point about incarceration is that you are being punished for what you have done - hence, when you come out, you have "paid your debt to society".
If it's all 3 squares a day, free Sky TV and jollies, where's the punishment? Worse, where's the incentive to not take the easy path and commit crime? If you've committed a crime and been caught - tough luck.
W Smith, Manchester,
Pay them damages? What on earth is this world coming to? This is the law gone mental. The man took another life, he killed someone HELLO Judges, what about the family of the victim/ Do they not deserve justice? He was given Life, a poxy 15 year sentence. It's disgusting. I suppose she will be on Income Support bringing the kid up because her husband is in jail. I feel sorry for any child they bring into this world, living with the knowledge their dad is a murderer and the mother is presumably insane for wanting the child of a murderer.
Lyndsey, Birmingham,
Utter madness....he has committed a crime and whilst serving his time he loses his rights, simple. What right does he have to potentially father a child whilst still in prison....what about the welfare of the child?
This case has probably cost thousands of pounds and now he is in an open prison anyway.....utter waste of public money.
Why don't we send them both away for a romantic weekend, paid for of course, wouldn't want them to use their compensation money which is more than some of our war heroes have received....!
Bob, cheltenham,
Perhaps Britain's motto should be, "Welcome to the Asylum"
C. Morland, Bath,