Category: human rights

Section 117B Public Interest Considerations Explained – Richmond Chambers

Posted October 4th, 2023 in chambers articles, human rights, news, proportionality, public interest by sally

‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under s.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate.’

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Richmond Chambers, 7th September 2023

Source: immigrationbarrister.co.uk

Targets for reduction in sewage outflow not unlawful, says High Court – UK Human Rights Blog

Posted September 29th, 2023 in environmental health, environmental protection, government departments, human rights, news, pollution, waste, water by tracey

‘The King (on the application of Wildfish Conservation v Secretary of State for the Environment, Food and Rural Affairs and the Environment Agency (Defendant) and the Water Services Regulation Authority (Interested Parties) [2023] EWHC 2285 (Admin). In 2022, there were over three hundred thousand incidents of overflow into coastal waters, freshwater rivers and estuaries from sewerage works in the UK, following heavy rainfall. The most common cause of the overflows studied was rainwater entering sewers with insufficient capacity.’

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UK Human Rights Blog, 28th September 2023

Source: ukhumanrightsblog.com

The Disability Ground in Abortion Law, and the Negative ‘Message’ it is Sending: R (Crowter) v Secretary of State for Health and Social Care – Oxford Human Rights Hub

Posted September 21st, 2023 in abortion, disabled persons, human rights, news by sally

‘A recent decision of the Court of Appeal involved a very interesting legal challenge based on an alleged negative “message” in the law. It raises important questions about the law on disability-selective abortion, but also more broadly on the possibility of challenges to the law based on any allegedly negative message.’

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Oxford Human Rights Hub, 21st September 2023

Source: ohrh.law.ox.ac.uk

Asylum seekers ‘degraded’ at detention centre: key points from Brook House inquiry – The Guardian

Posted September 20th, 2023 in asylum, detention, government departments, human rights, immigration, inquiries, news, refugees, reports by sally

‘Report on immigration removal centre details “crushing” abuse and excessive use of force that has left detainees with PTSD.’

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The Guardian, 19th September 2023

Source: www.theguardian.com

Coronation arrests: Republic leader Graham Smith takes legal action – BBC News

Posted September 13th, 2023 in damages, defamation, human rights, judicial review, news, police, royal family, wrongful arrest by tracey

‘A republican protester detained on the day of King Charles’ Coronation is taking legal action against the Metropolitan Police.’

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BBC News, 12th September 2023

Source: www.bbc.co.uk

Section 117B Public Interest Considerations Explained – EIN Blog

Posted September 12th, 2023 in human rights, immigration, news, public interest by tracey

‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under S.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate. As such, understanding what falls under “the public interest” will be very significant when attempting to establish any factors which might weigh against an individual’s Article 8 rights in the context of this proportionality exercise. Therefore, in the following article, we will provide an overview of the different factors that form part of these “public interest” considerations and explore how they interact with Article 8 (ECHR).’

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EIN Blog, 12th September 2023

Source: www.ein.org.uk

Top UK lawyer hits out at ‘authoritarian’ attacks on legal profession – The Guardian

Posted September 11th, 2023 in barristers, government departments, human rights, legal profession, Ministry of Justice, news by tracey

‘A leading British lawyer has compared UK government attacks on the profession to the tactics used by authoritarian regimes. Helena Kennedy KC, one of the UK’s most renowned criminal lawyers and a Labour peer, said ministers were deliberately creating scapegoats.’

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The Guardian, 10th September 2023

Source: www.theguardian.com

Why The RAAC Scandal Is A Human Rights Issue – Each Other

Posted September 6th, 2023 in building law, construction industry, education, government departments, human rights, news by sally

‘Since 1994, people relying on the use of public buildings in the UK have, without knowing it, been let down by the use of Reinforced Autoclaved Aerated Concrete (RAAC): a cheaper, lightweight alternative to traditional concrete, but one that has an average lifespan of only 30 years. Now, as some schools face closure ensue at what would have been the beginning of term, the Department for Education has come under fire for its timing and for its previous lack of action. But it’s not just a safety issue: it’s a human rights issue.’

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Each Other, 6th September 2023

Source: eachother.org.uk

The Human Rights Lawyers Association Lord Kerr Essay Competition Winner 2023: Is there a human right to live free from poverty? Should there be? – UKSC Blog

Posted September 5th, 2023 in bills, human rights, news, poverty by sally

‘The Human Rights Lawyers Association (HRLA) is a membership organisation which aims to promote the effective legal protection of human rights and fundamental freedoms in the UK and to further research, education and training in the area of human rights practice. The Young Lawyers’ Committee (YLC) is constituted by young lawyers, trainees, policy workers, paralegals, and law students with a keen interest in human rights law, who work together to provide essential training and resources for young people considering a career in human rights. This is done through the HRLA’s annual Judicial Review Mooting Competition, Careers Day and the Lord Kerr Essay Competition, which was set up by the HRLA to honour the legacy and human rights contribution of Lord Brian Francis Kerr, Baron Kerr of Tonaghmore, the former Supreme Court Justice, following a generous donation by his son, Patrick Kerr.’

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UKSC Blog, 5th September 2023

Source: ukscblog.com

Employment status of Church of England curates: Green v Lichfield DBF – Law & Religion UK

Posted August 31st, 2023 in autism, Church of England, clergy, disabled persons, employment, equality, human rights, news by tracey

‘In Reverend D Green v Lichfield Diocesan Board of Finance [2023] UKET 2409635/2022, the primary issue was the extent to which a stipendiary curate had standing to bring a claim before an Employment Tribunal.’

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Law & Religion UK, 25th August 2023

Source: lawandreligionuk.com

The Good Friday Agreement and the European Convention on Human Rights – UK Human Rights Blog

Posted August 30th, 2023 in brexit, government departments, human rights, news, Northern Ireland by sally

‘On 11 August, a piece from Professor Richard Ekins KC (Hon) set out a case for the UK denouncing the European Convention on Human Rights (ECHR) and leaving the treaty system altogether. One of the main arguments in favour of this is that it would “restore Parliament’s freedom, on behalf of the British people, to decide what our laws should be”. This marks one of the more recent such calls, amid a growing chorus of Ministers in the UK Government and Conservative Party MPs to leave the ECHR. Also, it should be noted that we have been here before. The constitutional aspects of such a move aside, there are particular reasons why it would impact Northern Ireland. While Northern Ireland does not feature in Professor Ekins’ 11 August piece, he has previously written about the interaction between the ECHR and the Good Friday Agreement 1998 (GFA), which underpins the modern devolution settlement in Northern Ireland and which brought an end to a brutal and deadly conflict. This interaction is the subject of this post.’

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UK Human Rights Blog, 29th August 2023

Source: ukhumanrightsblog.com

Maguire, Detention, and Article 2 Inquests – Doughty Street Chambers

Posted August 25th, 2023 in appeals, care homes, chambers articles, coroners, deprivation of liberty safeguards, detention, families, human rights, inquests, news, Supreme Court by sally

‘Maguire [2023] UKSC 20 is the most recent, and highest, authority on the engagement of Article 2 ECHR in inquests. The Supreme Court’s judgment ties together the Maguire and Morahan authorities (both of which had previously reached the Court of Appeal). It runs to 77 pages, with a leading judgment from Lord Sales, and a concurrence from Lord Stephens.’

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Doughty Street Chambers, 7th July 2023

Source: insights.doughtystreet.co.uk

The Strikes (Minimum Service Levels) Act 2023: what does it mean for workers? – Cloisters

Posted August 25th, 2023 in chambers articles, employment, human rights, industrial action, news, trade unions by sally

‘On 13 July 2023, the High Court quashed the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, which attempted to render lawful the supply of agency workers to break a strike. In this judicial review brought by 11 trade unions, the High Court held that the government had acted unlawfully and irrationally by introducing the Regulations, by failing in its duty to consult on the Regulations, and instead relying on a 7-year old consultation (from 2015) where the majority of stakeholders had opposed earlier proposals of a similar set of legislations (§28). The Court found that the then business secretary Kwasi Kwarteng had proceeded ‘at exceptional speed’ in introducing the Regulations before the summer recess of 2022 (§175), an approach described by the Court as one which ‘frustrated the aim of informed decision-making’ (§180). Although this judgment has several interesting public law implications, specifically on the extent and nature of the government’s duty to consult, it is also significant for labour law, and was hailed by the unions as a significant victory in preserving the right to strike in the UK.’

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Cloisters, July 2023

Source: www.cloisters.com

Coronial powers and the rights of the unborn (Part 1) – UK Human Rights Blog

Posted August 14th, 2023 in bereavement, birth, children, death in custody, human rights, inquests, jurisdiction, news, pregnancy, prisons, women by tracey

‘In this two-part article, Maya Sikand KC, Tom Stoate, and Ruby Peacock, explore two difficult questions arising from the inquest into the “harrowing circumstances” of the death of a baby, Aisha Cleary, at HMP Bronzefield. This first part seeks to answer the question: should coroners have jurisdiction to investigate stillbirths?’

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UK Human Rights Blog, 11th August 2023

Source: ukhumanrightsblog.com

UK would be outlier with Russia if it left ECHR, Law Society says – The Guardian

Posted August 10th, 2023 in asylum, human rights, Law Society, news, treaties by tracey

‘The UK would be an international outlier along with Russia and Belarus if it left the European convention on human rights, a leading law body has warned, after a senior minister signalled that the move could be an option to stop small boat crossings.’

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The Guardian, 9th August 2023

Source: www.theguardian.com

Article 31 and inadmissibility under Part 4A Nationality, Immigration and Asylum Act 2002 – EIN Blog

Posted August 1st, 2023 in asylum, deportation, government departments, human rights, news, refugees, Rwanda, treaties by sally

‘Many practitioners will be aware that the Secretary of State for the Home Department’s (“SSHD”) “Rwanda plan” met with the Court of Appeal’s disapproval recently in a majority decision in AAA (Syria) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 266 (on appeal from the High Court: AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230). The Court found that any attempt to remove refugees to Rwanda whose claims the SSHD adjudged to be inadmissible would breach the non-refoulment provisions of Article 33 of the 1951 Refugee Convention (“RC”) and thereby also Article 3 of the 1950 European Convention of Human Rights (“ECHR”).’

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EIN Blog, 31st July 2023

Source: www.ein.org.uk

Mermaids v LGB Alliance: Tribunal rejects attempt to deregister controversial charity – UK Human Rights Blog

Posted July 31st, 2023 in charities, Charity Commission, gender, homosexuality, human rights, news, transgender persons by tracey

‘Despite what the parties and their supporters hoped, this case (Mermaids v The Charity Commission of England and Wales & LGB Alliance [2023] ULKFTT 563 (GRC)) was not – said the Tribunal – about the rights of gender diverse people (as represented by Mermaids) or the rights of gay, lesbian and bisexual people (represented by the LGB Alliance). On the face of it, the issue decided by the Tribunal (General Regulatory Chamber, Charity) on 6 July 2023 was a narrow one: whether Mermaids was entitled to challenge the Charity Commission’s decision to register the LGB Alliance as a charity. But its ruling – that Mermaids could not – was highly significant as a robust affirmation of the value of debate in a democratic society.’

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UK Human Rights Blog, 29th July 2023

Source: ukhumanrightsblog.com

Assessing the Right to Family Life in UK Immigration Appeals: A Case Study of a Russian National – EIN Blog

Posted July 24th, 2023 in appeals, families, human rights, immigration, married persons, news, Russia, visas by tracey

‘Introduction: Within the intricate realm of immigration appeals, the appellant’s right to family life often emerges as a focal point. This article delves into a specific case study that elucidates the intricacies and challenges encountered when evaluating this fundamental human right within the context of an immigration appeal. The case revolves around an appellant, a Russian citizen, who seeks permission to remain in the United Kingdom (UK) as the spouse of a British citizen. Through a comprehensive analysis, this article aims to shed light on the pertinent factors and the delicate balance required in determining the appellant’s right to family life.’

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EIN Blog, 21st July 2023

Source: www.ein.org.uk

Abramovich ally begins high court challenge against UK sanctions – The Guardian

Posted July 24th, 2023 in government departments, human rights, news, proportionality, Russia, sanctions, Ukraine, war by tracey

‘Eugene Shvidler, a longtime ally of the billionaire Roman Abramovich, has accused the UK government of “oppressive treatment” as he launched a legal challenge against sanctions imposed upon him after Russia’s invasion of Ukraine.’

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The Guardian, 20th July 2023

Source: www.theguardian.com

R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog

Posted July 21st, 2023 in appeals, bereavement, care homes, coroners, deprivation of liberty safeguards, disabled persons, duty of care, families, human rights, inquests, judicial review, learning difficulties, news, Supreme Court by tracey

‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’

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Inquests and Inquiries Law Blog, 18th July 2023

Source: inquestsandinquirieslawblog.com