High Court grants permission for legal challenge over lack of legal aid for school exclusion appeals – Local Government Lawyer

‘The High Court has granted permission for a claimant to challenge the lack of legal aid for appeals before an Independent Review Panel (IRP), the independent body that reviews the lawfulness of permanent exclusions.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Bringing the Right to Die to the British Isles (Part I): The Isle of Man’s Proposed Assisted Dying Regime – Oxford Human Rights Hub

Posted November 29th, 2023 in assisted suicide, bills, human rights, news by sally

‘On 31 October 2023, a bill that would legalise assisted dying for the first time in the British Isles passed its second reading – but not in Westminster. Rather, it was Tynwald, the legislature of the Isle of Man, which took this step towards the protection of the right to a dignified death, or, depending on one’s view, the erosion of the right to life.’

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Oxford Human Rights Hub, 28th November 2023

Source: ohrh.law.ox.ac.uk

UK’s human-rights watchdog at risk of UN downgrade – The Guardian

‘Britain’s equality watchdog could lose its right to participate at the UN human rights council as a result of complaints about its independence and record on transgender rights.’

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The Guardian, 28th November 2023

Source: www.theguardian.com

Is an Artificial Neural Network a computer programme ineligible for patent protection? – UK Human Rights Blog

‘This fascinating case is imperative reading for anyone not computer literate who wishes to understand the concept of an Artificial Neural Network. In recent times the courts have had to grapple with the difficulties of this concept in relation to traditional computers and software. This appeal raised new questions because it involved deciding whether the use of an aspect of Artificial Intelligence, namely an Artificial Neural Network (“ANN”), in the circumstances of this case, fell under section 1(2)(c) of the Patents Act 1977 which excludes from patent protection “a program for a computer … as such”..’

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UK Human Rights Blog, 23rd November 2023

Source: ukhumanrightsblog.com

Shell to face human rights claims in UK over chronic oil pollution in Niger delta – The Guardian

Posted November 24th, 2023 in damages, energy, environmental health, human rights, news, pollution by tracey

‘Thousands of Nigerian villagers can bring human rights claims against the fossil fuel company Shell over the chronic oil pollution of their water sources and destruction of their way of life, the high court in London has ruled.’

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The Guardian, 23rd November 2023

Source: www.theguardian.com

The Supreme Court’s Rwanda Judgment: What Now for the Government? – Oxford Human Rights Hub

‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’

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Oxford Human Rights Hub, 22nd November 2023

Source: ohrh.law.ox.ac.uk

Theodore Konstadinides: Reassessing the UK’s Rwanda Asylum Policy: Tinkering with International Law and the Constitution – UK Constitutional Law Association

‘On 15 November, the Supreme Court issued its much-awaited judgment in the case of AAA and others v the Home Secretary, commonly referred to as the Rwanda asylum policy case. The decision came notably quickly, almost a month after the case was heard, indicating the Court’s responsiveness to the urgency and the wider public interest surrounding the case. Despite the swift turnaround, the judgment was meticulously formulated, reflecting the serious implications of the case.’

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UK Constitutional Law Association, 21st November 2023

Source: ukconstitutionallaw.org

Adam Tucker: The Rwanda Policy, Legal Fiction(s), and Parliament’s Legislative Authority – UK Constitutional Law Association

‘Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends to “take the extraordinary step of introducing emergency legislation” which “will enable Parliament to confirm that… Rwanda is safe”.’

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UK Constitutional Law Association, 22nd November 2023

Source: ukconstitutionallaw.org

Doctor’s suspension after questioning the severity of Covid 19 did not breach his Article 10 rights – UK Human Rights Blog

Posted November 21st, 2023 in appeals, coronavirus, disciplinary procedures, doctors, human rights, news, tribunals by sally

‘This was an appeal by a doctor against a decision of the medical practitioners’ tribunal that he was guilty of misconduct. He also appealed against the tribunal’s decision to suspend his registration for six months.’

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UK Human Rights Blog, 20th November 2023

Source: ukhumanrightsblog.com

Just Stop Oil protesters’ jail terms potentially breach international law, UN expert says – The Guardian

‘Long sentences handed to two Just Stop Oil protesters for scaling the M25 bridge over the Thames are a potential breach of international law and risk silencing public concerns about the environment, a UN expert has said.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

Unanimous Supreme Court: Rwanda removals are unlawful – UK Human Rights Blog

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’

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UK Human Rights Blog, 15th November 2023

Source: ukhumanrightsblog.com

Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

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The Guardian, 15th November 2023

Source: www.theguardian.com

Supreme court rules Rwanda plan unlawful: a legal expert explains the judgment, and what happens next – EIN Blog

‘The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful.’

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EIN Blog, 15th November 2023

Source: www.ein.org.uk

What is the ECHR and how does it relate to the Rwanda migrants policy? – The Independent

‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

How the UK government’s Rwanda asylum plan came unstuck – The Guardian

‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

The UK Human Rights Act – OUT-LAW.com

Posted November 15th, 2023 in human rights, news by sally

‘The Human Rights Act 1998 incorporates rights contained in the European Convention on Human Rights (ECHR) into UK national law. This means that they can be used to challenge the actions and decisions of governments and public bodies in the UK courts.’

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OUT-LAW.com, 14th November 2023

Source: www.pinsentmasons.com

Supreme Court rules Rwanda asylum policy unlawful – BBC News

‘The UK’s highest court has ruled the Rwanda asylum policy is unlawful.’

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BBC News, 15th November 2023

Source: www.bbc.co.uk

How will recent and future legislation affect the right to protest in the UK? – The Guardian

Posted November 14th, 2023 in demonstrations, human rights, news, proscribed organisations, public order by sally

‘We examine the myriad of current laws and others being proposed to curb different types of protests and activism.’

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The Guardian, 13th November 2023

Source: www.theguardian.com

Guy Baldwin: The Case for Moderate Constitutionalism in the UK – UK Constitutional Law Association

Posted November 7th, 2023 in constitutional law, government departments, human rights, judiciary, news by sally

‘Part of the debate around accountability in the UK concerns the judiciary and its relationship with the elected parts of government. A potentially useful concept in assessing this relationship is constitutionalism. This post is a summary of my presentation at the recent UKCLA Conference in Liverpool, in which I engaged with some long-running debates around constitutionalism. I argue here that there is a version of constitutionalism, which I term “moderate constitutionalism”, that is normatively desirable and suited to the UK’s constitutional tradition. After discussing the situation of constitutionalism in the UK and setting out the case for moderate constitutionalism, I identify some possible implications of the analysis for the system of government in the UK. What is presented here is an early sketch, at a high level, of an account that I intend to develop in significantly greater detail in the future.’

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UK Constitutional Law Association, 7th November 2023

Source: ukconstitutionallaw.org

‘Designed to distress and deter’: the impact of Slapp lawsuits on journalists and free speech – The Guardian

Posted November 6th, 2023 in defamation, disclosure, freedom of expression, human rights, media, news, Russia by tracey

‘Individuals and campaigners tell of damage done by powerful people using the courts to try to shut down investigative reporting.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com