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| Killer serving life in IVF fight | |
| (about 4 hours later) | |
| A convicted murderer serving life in prison is appealing to Europe's highest court to be allowed to father a child by artificial insemination. | |
| Lawyers for Kirk Dickson, and his wife Lorraine, will put their case before judges at the European Court of Human Rights in Strasbourg. | Lawyers for Kirk Dickson, and his wife Lorraine, will put their case before judges at the European Court of Human Rights in Strasbourg. |
| The couple were both in jail when they married in 2001. | The couple were both in jail when they married in 2001. |
| Mrs Dickson, 48, is now free and living in Hull, but her husband, who is 34, will not be released before 2009. | Mrs Dickson, 48, is now free and living in Hull, but her husband, who is 34, will not be released before 2009. |
| By then his wife will be 51. | |
| 'Exceptional' cases only | 'Exceptional' cases only |
| The BBC's home affairs correspondent Danny Shaw said it has been argued that the likelihood of her conceiving naturally would be low, so Dickson should be given immediate access to artificial insemination facilities. | |
| But human rights judges have previously backed the UK government's refusal to allow Dickson to make use of artificial insemination facilities. | But human rights judges have previously backed the UK government's refusal to allow Dickson to make use of artificial insemination facilities. |
| The Home Office said applications from prisoners for artificial insemination were granted only in "exceptional" circumstances; out of about 50 requests, seven had been accepted. | The Home Office said applications from prisoners for artificial insemination were granted only in "exceptional" circumstances; out of about 50 requests, seven had been accepted. |
| When the application was rejected in the UK, they turned to the European Court of Human Rights, claiming a violation of their "right to respect for private and family life" and "right to marry and found a family", both guaranteed by the Human Rights Convention. | When the application was rejected in the UK, they turned to the European Court of Human Rights, claiming a violation of their "right to respect for private and family life" and "right to marry and found a family", both guaranteed by the Human Rights Convention. |
| But, by a narrow 4-3 majority decision, the human rights judges rejected the case. | But, by a narrow 4-3 majority decision, the human rights judges rejected the case. |
| The majority verdict said careful consideration had been given to the couple's circumstances, "including the unlikely event of the couple being able to conceive after Mr Dickson's release from prison". | The majority verdict said careful consideration had been given to the couple's circumstances, "including the unlikely event of the couple being able to conceive after Mr Dickson's release from prison". |
| The judgment said the home secretary at the time had concluded that such factors were outweighed by "the nature and gravity of Mr Dickson's crime and the welfare of any child who might be conceived, in the light of the prolonged absence of the father for an important part of its childhood years." | The judgment said the home secretary at the time had concluded that such factors were outweighed by "the nature and gravity of Mr Dickson's crime and the welfare of any child who might be conceived, in the light of the prolonged absence of the father for an important part of its childhood years." |
| The pair are now taking the case to be heard by 17 judges sitting in the court's Grand Chamber. | The pair are now taking the case to be heard by 17 judges sitting in the court's Grand Chamber. |