D v UK exception remains exceptional in medical treatment cases under Article 3 – UK Human Rights Blog

Posted February 6th, 2015 in human rights, immigration, medical treatment, news by sally

‘The Court of Appeal has confirmed that foreign nationals may be removed from the UK even where their lives will be drastically shortened due to a lack of healthcare in their home states. Removal in those circumstances does not breach Articles 3 or 8 ECHR except in the most exceptional cases.’

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UK Human Rights Blog, 5th February 2015

Source: www.ukhumanrightsblog.com

Human Rights at the Crossroads? – BBC Unreliable Evidence

Posted February 6th, 2015 in constitutional law, elections, human rights, news, parliament, Supreme Court, treaties, veto by sally

‘Clive Anderson and guests get behind the political rhetoric to debate the potential impact on the rights of British citizens if the Government carries out a proposal to scrap the Human Rights Act and replace it with a “more British” Bill of Rights.’

Listen

BBC Unreliable Evidence, 24th January 2015

Source: www.bbc.co.uk

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) – Supreme Court

Posted February 6th, 2015 in domestic violence, duty of care, human rights, law reports, negligence, police by sally

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) [2015] UKSC 2 (YouTube)

Supreme Court, 28th January 2015

Source: www.youtube.com/user/UKSupremeCourt

GCHQ intelligence sharing ‘was unlawful’, tribunal rules – BBC News

Posted February 6th, 2015 in human rights, intelligence services, investigatory powers, news, privacy by sally

‘UK agency GCHQ’s sharing of intelligence gathered by US mass surveillance programmes was unlawful, a tribunal has ruled.’

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BBC News, 6th February 2015

Source: www.bbc.co.uk

Police not liable in negligence to victim of domestic violence, but Article 2 claim proceeds – UK Human Rights Blog

Posted February 5th, 2015 in appeals, domestic violence, human rights, negligence, news, police, Supreme Court by sally

‘The Supreme Court has rejected a challenge to the long-standing rule that the police owe no duty of care in negligence in the context of protecting victims from potential future crimes.’

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UK Human Rights Blog, 4th February 2015

Source: www.ukhumanrightsblog.com

No broadening of Article 3 test in health cases – Free Movement

Posted February 5th, 2015 in appeals, health, human rights, immigration, news by sally

‘Unfortunately the Court of Appeal’s judgment in the Article 3 health test cases in GS (India) & Ors v The Secretary of State for the Home Department [2015] EWCA Civ 40 (30 January 2015) does not change very much for migrants with serious health conditions seeking to remain in the UK.’

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Free Movement, 4th February 2015

Source: www.freemovement.org.uk

Politicians have a human right to sound racist, says equalities watchdog – Daily Telegraph

‘Equality and Human Rights Commission upholds right to publish Mohammed cartoons but not to teach that gay people will ‘burn in Hell’.’

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Daily Telegraph, 4th February 2015

Source: www.telegraph.co.uk

British courts can impose whole-life prison sentences – BBC News

Posted February 3rd, 2015 in human rights, news, sentencing by tracey

‘British courts do have the right to impose whole-life tariffs on prisoners who are jailed for life, the European Court of Human Rights has ruled.’

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BBC News, 3rd February 2015

Source: www.bbc.co.uk

Foreign nationals who pose a threat to national security may not be deported to Algeria because of human rights – Court of Appeal – UK Human Rights Blog

Posted February 3rd, 2015 in appeals, deportation, human rights, news by tracey

‘BB, PP, U and others v Secretary of State for the Home Department [2015] EWCA Civ 9 (23 January 2015). This was an appeal by Algerian nationals who had been found by the Special Immigration and Appeals Commission (SIAC) to constitute a threat to UK national security, against deportation to Algeria.’

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UK Human Rights Blog, 2nd February 2015

Source: www.ukhumanrightsblog.com

The Magna Carta explained – Daily Telegraph

Posted February 2nd, 2015 in human rights, legal history, magna carta, news, rule of law by sally

‘As the four original surviving copies of the Magna Carta are brought together under the same roof for the first time, here is a Q&A about the document.’

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Daily Telegraph, 2nd February 2015

Source: www.telegraph.co.uk

European Court to rule on ‘whole life tariff’ legality of triple murderer Arthur Hutchinson – The Independent

Posted February 2nd, 2015 in appeals, human rights, murder, news, rape, sentencing by sally

‘One of the UK’s most notorious killers will learn this week whether he has anything more than the faintest of hopes of ever leaving prison. The European Court of Human Rights in Strasbourg is set to rule whether triple murderer Arthur Hutchinson should be eligible for release from Frankland prison, Durham.’

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The Independent, 1st February 2015

Source: www.independent.co.uk

“Lamentable”, “egregious” and “wholly indefensible”: High Court lambasts local authority’s conduct of care proceedings – UK Human Rights Blog

Posted February 2nd, 2015 in care orders, children, damages, delay, guardianship, human rights, local government, news by sally

‘A Family Division judge has awarded damages under the Human Rights Act against a local authority in what he described as an “unfortunate and woeful case” involving a baby taken into foster care. Mr Justice Keehan cited a “catalogue of errors, omissions, delays and serial breaches of court orders” by Northamptonshire County Council. Unusually, the judge decided to give the judgment in this sensitive case in public in order to set out “the lamentable conduct of this litigation by the local authority.”’

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UK Human Rights Blog, 1st February 2015

Source: www.ukhumanrightsblog.com

Human Rights Act has helped 28 terrorists to stay in UK – Daily Telegraph

Posted February 2nd, 2015 in deportation, human rights, legal aid, news, terrorism by sally

‘A respected think tank has compiled a dossier showing more than 20 convicted terrorists and suspects from abroad have used human rights laws to remain in the UK, including al-Qaeda fundraiser Baghdad Meziane.’

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Daily Telegraph, 31st January 2015

Source: www.telegraph.co.uk

Prison ‘book ban’ rule relaxed – BBC News

Posted February 2nd, 2015 in human rights, news, prisons by sally

‘A rule that effectively stopped prison inmates in England and Wales receiving books has been relaxed.’

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BBC News, 1st February 2015

Source: www.bbc.co.uk

What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog

‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’

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UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

UK broke law in fewer than 1% of European human rights cases in 2014 – The Guardian

Posted January 30th, 2015 in delay, human rights, news, statistics by sally

‘The United Kingdom was found to have acted unlawfully in fewer than one per cent of the cases lodged against it last year at the European court of human rights (ECHR), it has been revealed.’

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The Guardian, 29th January 2015

Source: www.guardian.co.uk

Haroon Aswat’s extradition to US legal, judges rule – BBC News

Posted January 29th, 2015 in extradition, human rights, mental health, news, terrorism by sally

‘The extradition of British terror suspect Haroon Aswat to the United States was lawful, European Court of Human Rights judges have ruled.’

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BBC News, 29th January 2015

Source: www.bbc.co.uk

Acquitted defendants costs regime not incompatible with ECHR – UK Human Rights Blog

Posted January 29th, 2015 in bills, costs, human rights, news by sally

‘The Court (Burnett LJ giving the sole judgment) has ruled on whether the statutory changes made to the ability of acquitted defendants in the Crown Court to recover their costs from central funds are compatible with the ECHR.’

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UK Human Rights Blog, 28th January 2015

Source: www.ukhumanrightsblog.com

Hayley Hooper: The Counter Terrorism and Security Bill: A Potential Further Erosion of Citizenship Rights in the UK – UK Constitutional Law Association

Posted January 29th, 2015 in bills, citizenship, human rights, news, passports, terrorism by sally

‘The Counter Terrorism and Security Bill was introduced into the House of Commons on 7 January 2015 using a semi-fast-track procedure. The Bill provides for new powers to seize travel documents from individuals suspected of terrorism, for increased powers to retain internet data under the Regulation of Investigatory Powers Act 2000 (RIPA), and more intrusive measures under the Terrorism Prevention and Investigation Measures Act 2011. This comment focuses on one aspect of the Bill: the “temporary exclusion orders” (TEOs) proposed in Chapter Two. These TEOs would allow the Home Secretary to make an executive order to invalidate an individual’s passport whilst s/he is abroad if there is “reasonable suspicion” that s/he has been involved in terrorism or terrorism related activity outside of the United Kingdom. Such orders may remain in force for up to two years. This means that affected individuals can only return to the UK if they become the subject of a “managed return” during which they may be subject to conditions consistent with obligations in the existing Terrorism Prevention and Investigation Measures Act.’

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UK Constitutional Law Association, 27th Janaury 2015

Source: www.ukconstitutionallaw.org

Alexander Horne: Evidence under oath, perjury and parliamentary privilege – UK Constitutional Law Association

‘The issue of select committee powers has received renewed interest during the 2010-15 Parliament, culminating in a report from Liaison Committee on Select committee effectiveness, resources and powers (in October 2012); and, subsequently, a report by the Joint Committee on Parliamentary Privilege in July 2013 (and a Government response later that year).’

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UK Constitutional Law Association, 29th January 2015

Source: www.ukconstitutionallaw.org