Philip Murray: Assisted Suicide and the ECHR: Some Further Thoughts – UK Constitutional Law Association

Posted November 19th, 2024 in assisted suicide, bills, constitutional law, health, human rights, news, suicide by tracey

‘My recent post on Kim Leadbeater’s Terminally Ill Adults (End of Life) Bill, which seeks to legalise assisted suicide for terminally ill adults and so modify the blanket ban provided by s. 2 of the Suicide Act 1961, has attracted some attention. There I raised questions as to the compatibility of the Bill with articles 8 and 14 of the European Convention on Human Rights (“ECHR”), suggesting that extending assisted suicide only to terminally ill adults might be considered unlawfully discriminatory. I argued that there can therefore be no guarantees that the Bill would not have to expand in the future if the UK is to continue to adhere to its obligations under the ECHR. Alex Ruck Keene KC, who represented Noel Conway in his legal challenge to the UK’s blanket ban, has made a similar argument.’

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UK Constitutional Law Association, 19th November 2024

Source: ukconstitutionallaw.org

Criminalising thought crime? – Local Government Lawyer

‘Kuljit Bhogal KC and Sarah Salmon explain why a defendant was recently convicted of breaching a PSPO near an abortion clinic.’

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Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

The Supreme Court prioritises substance over form in protecting the welfare of children in an immigration context. Explicit reference to guidance is neither sufficient nor necessary – UK Human Rights Blog

‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’

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UK Human Rights Blog, 15th November 2024

Source: ukhumanrightsblog.com

Daily Mail publisher wins ECHR case against ‘success fees’ paid to lawyers – The Guardian

Posted November 13th, 2024 in damages, fees, freedom of expression, human rights, media, news, privacy, solicitors by sally

‘The publisher of the Daily Mail has won a court battle after arguing that its human rights were breached by a requirement for it to pay “success fees” to lawyers representing people it had paid damages to.’

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The Guardian, 12th November 2024

Source: www.theguardian.com

Council worker who objected to pronouns policy ordered to pay £12k in costs after losing employment tribunal – Local Government Lawyer

‘A council worker who protested against his local authority employer’s pronouns policy has been ordered to pay £12,000 in costs after his claim of unfair dismissal was dismissed in the Employment Tribunal.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Stevie Martin: The Decriminalisation and Regulation of Assisted Suicide in England and Wales: Acknowledging and Addressing the Slippery Slope Argument – UK Constitutional Law Association

Posted November 5th, 2024 in assisted suicide, human rights, medical treatment, news by tracey

‘The introduction of Kim Leadbeater’s Private Member’s Bill which will, if enacted, legalise assisted suicide for “Terminally Ill Adults” in England and Wales has, unsurprisingly, drawn significant commentary from many quarters, including some legal academics and practitioners. This is despite the fact that, as yet, Leadbeater’s Bill has not been published.’

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UK Constitutional Law Association, 5th November 2024

Source: ukconstitutionallaw.org

Assisted Suicide on the NHS would breach the ECHR – UK Human Rights Blog

Posted November 4th, 2024 in assisted suicide, doctors, health, human rights, news by tracey

‘In this guest post, Rajiv Shah argues that the provision of assisted suicide in the England and Wales via the NHS would constitute a substantive breach of the negative obligation imposed on the State under Article 2 of the ECHR.’

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UK Human Rights Blog, 1st November 2024

Source: ukhumanrightsblog.com

Private schools vote for legal action over VAT plans – BBC News

‘A group representing 1,400 private schools will press ahead with plans for a legal challenge against the government’s introduction of VAT from January, the BBC can reveal.’

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BBC News, 31st October 2024

Source: www.bbc.co.uk

EXTRADITION: An Introduction – 5SAH

‘Extradition is a tool that allows countries to stretch law enforcement beyond its borders. It can be used to promote international co-operation and positive relations between states, but it can also give rise to power struggles and be used as an instrument for political gains. As such, extradition occupies a unique space, creating a tension between upholding human rights, resisting political interference and upholding international treaty obligations. In this extradition article, the team at 5SAH looks back at the key moments in extradition law from the last 12 months and looks forward to what might be on the horizon.’

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5SAH , 21st October 2024

Source: www.5sah.co.uk

When rules clash: faith, identity, and the Football Association – Law & Religion UK

Posted November 1st, 2024 in equality, human rights, Islam, islamic law, news, sport by sally

‘A Muslim football coach was prevented from playing in a match because she wears tracksuit bottoms rather than shorts: she says that wearing shorts compromises her religious beliefs.’

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Law & Religion UK, 31st October 2024

Source: lawandreligionuk.com

Philip Murray: Looking down the slippery slope: Can assisted suicide be restricted to the terminally ill? – UK Constitutional Law Association

Posted October 31st, 2024 in assisted suicide, bills, constitutional law, health, human rights, news, suicide by sally

‘Kim Leadbeater has recently introduced a Private Member’s Bill in the House of Commons which seeks to legalise assisted suicide for the terminally ill. Despite its second reading being scheduled for 29 November, the text of the Bill is, somewhat remarkably given its significance, still to be published. Yet the outline of Leadbeater’s proposals has already become known. As such, I seek to offer here a legal analysis of some of the issues relating to legalising assisted suicide in the UK, and particular the idea that any law can be effectively limited to terminally ill adults.’

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UK Constitutional Law Association, 30th October 2024

Source: ukconstitutionallaw.org

Palestinian student stripped of UK visa after Gaza remarks wins human rights appeal – The Guardian

‘A Palestinian student who was stripped of her student visa after remarks she made about the Israel-Gaza war has won a human rights appeal against the Home Office’s decision.’

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The Guardian, 30th October 2024

Source: www.theguardian.com

Elizabeth Adams: The Judicial Approach to the Judicial Discretion under s.4 HRA in Secretary of State for Business and Trade v Mercer [2024] UKSC 12 – UK Constitutional Law Association

Posted October 28th, 2024 in declarations of incompatibility, human rights, judiciary, news, Supreme Court by tracey

‘In Secretary of State for Business and Trade v Mercer [2024] UKSC 12 (Mercer), the Supreme Court was confronted with whether and how to exercise its powers under sections 3 and 4 of the HRA 1998. This blog post will focus on assessing how the Supreme Court approached the judicial discretion to grant a declaration of incompatibility under section 4 HRA (s.4). Section 4 states that if the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility – “may” demonstrates the judicial discretion at the core of the mechanism.’

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UK Constitutional Law Association, 28th October 2024

Source: ukconstitutionallaw.org

Man who lost home to coastal erosion loses court case against UK government – The Guardian

‘An East Anglian man who lost his home to coastal erosion has lost his high court challenge against the government’s climate adaptation plans.’

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The Guardian, 25th October 2024

Source: www.theguardian.com

Trans Parenthood in the UK: The “Unanswered Questions” of the McConnell Litigation – Cambridge Law Journal

‘This article considers three “unanswered questions” raised by R. (McConnell) v Registrar General for England and Wales (AIRE Centre Intervening) [2020] EWCA Civ. 559, which held that a trans man (with a Gender Recognition Certificate) who gave birth must be registered as “mother” on his child’s birth certificate. This article considers these questions to clearly situate McConnell within the context of the UK’s legal regimes concerning access to fertility treatment, gender recognition and legal parenthood in cases involving assisted reproduction. The article argues that clearly establishing the current legal position will provide the proper context to facilitate any subsequent legal reforms.’

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Cambridge Law Journal, 3rd October 2024

Source: www.cambridge.org

EXTRADITION: An Introduction – 5SAH

‘5SAH Chambers provides an overview of Extradition & International Law for Chambers & Partners.’

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5SAH, 21st October 2024

Source: www.5sah.co.uk

Supreme Court clarifies suitable alternative remedies to judicial review – OUT-LAW.com

Posted October 22nd, 2024 in appeals, human rights, judicial review, news, Northern Ireland, nuisance, Supreme Court by tracey

‘The UK Supreme Court has made it clear that judicial review is generally available to hold regulators to account and ensure they fulfil their functions.’

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OUT-LAW.com, 21st October 2024

Source: www.pinsentmasons.com

Health, Welfare and Deprivation of Liberty Report – October 2024 – 39 Essex Chambers

‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’

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39 Essex Chambers, 1st October 2024

Source: www.39essex.com

English water system singled out for criticism by UN special rapporteur – The Guardian

Posted October 10th, 2024 in human rights, news, pollution, United Nations, water by sally

‘The privatised English water system has been singled out for criticism by the UN special rapporteur on the human right to clean water.’

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The Guardian, 9th October 2024

Source: www.theguardian.com

High Court dismisses Judicial Review challenge to council housing allocation scheme – Local Government Lawyer

‘The High Court has dismissed a judicial review challenge to the London Borough of Enfield’s housing allocation scheme, after a claimant contended the scheme was unlawful both on a public law basis and that it breached the anti-discrimination provisions as set out in the ECHR and/or the Equality Act.’

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Local Government Lawyer, 9th October 2024

Source: www.localgovernmentlawyer.co.uk