human rights – Page 113 – Current Awareness

In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily

Posted February 18th, 2015 in care homes, deprivation of liberty safeguards, human rights, law reports, local government, mental health by sally

In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64

‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

The Investigatory Powers Tribunal and the rule of law – UK Human Rights Blog

Posted February 17th, 2015 in data protection, human rights, intelligence services, investigatory powers, news, privacy, rule of law, tribunals by sally

‘Despite being hailed as an ‘historic victory in the age-old battle for the right to privacy and free expression’, closer examination of a recent ruling by the Investigatory Powers Tribunal (‘IPT’) reveals it to have been a hollow victory.’

UK Human Rights Blog, 16th February 2015

Source: www.ukhumanrightsblog.com

Joanna Michael: ‘Sorry isn’t good enough’ – mother – BBC News

Posted February 17th, 2015 in appeals, children, compensation, domestic violence, human rights, immunity, murder, negligence, news, parliament, police by sally

‘The mother of a woman brutally murdered after a 999 delay has said she will take her case to the House of Commons to get “justice” for her daughter.’

BBC News, 17th February 2015

Source: www.bbc.co.uk

Privacy watchdog launches ‘Did GCHQ spy on you?’ campaign to allow citizens to find out if they were under surveillance – The Independent

Posted February 17th, 2015 in data protection, human rights, intelligence services, news, privacy, tribunals by sally

‘A new campaign by human rights watchdog Privacy International could allow millions of citizens in Britain and elsewhere to have data that was collected on them deleted.’

The Independent, 16th February 2015

Source: www.independent.co.uk

The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

Posted February 16th, 2015 in agriculture, appeals, asbestos, bills, constitutional law, damages, devolution, EC law, human rights, insurance, lectures, news, Northern Ireland, parliament, Privy Council, rule of law, Scotland, Supreme Court, Wales by sally

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015

Source: www.supremecourt.uk

Critics of Islam prevented from entering UK to attend Lee Rigby rally – UK Human Rights Blog

Posted February 16th, 2015 in armed forces, freedom of expression, human rights, immigration, judicial review, news, public order, terrorism, third parties, violence by sally

‘This short case involves the old dilemma of public order law: whether it is right to shut down speech when the speaker himself does not intend to incite violence, but whose presence it is said may lead third parties to commit violence. Indeed the facts of this particular case go further than that , because the applicants had no plans to make any public address during their proposed visit to Britain. It was their presence alone which was feared would inflame “community tensions”.’

UK Human Rights Blog, 15th February 2015

Source: www.ukhumanrightsblog.com

Court of Appeal strikes down state immunity rules that prevent embassy employees seeking justice – UK Human Rights Blog

Posted February 16th, 2015 in appeals, EC law, embassies, employment, human rights, immunity, news by sally

‘This judgment concerned the conjoined appeals of Ms. Benkharbouche and Ms. Janah which arose from employment law claims brought against, respectively, the Sudanese and Libyan embassies. Certain of their claims, such as those for unfair dismissal, were founded on domestic law. Others, such as those under the Working Time Regulations 1998, fell within the scope of EU law. All were met with pleas of state immunity under the State Immunity Act 1978.’

UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

Zambrano carers and social assistance – NearlyLegal

Posted February 16th, 2015 in appeals, benefits, carers, citizenship, EC law, equality, homelessness, housing, human rights, news by sally

‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’

NearlyLegal, 12th February 2015

Source: www.nearlylegal.co.uk

The Rise and Rise of Damages in Human Rights Claims – Family Law Week

Posted February 13th, 2015 in care orders, children, damages, human rights, jurisdiction, news by sally

‘Julie Stather, barrister of Westgate Chambers, considers the development of claims for damages arising from breaches of human rights in care proceedings.’

Family Law Week, 12th February 2015

Source: www.familylawweek.co.uk

DNA sample taken for criminal purposes may not be used for paternity test – UK Human Rights Blog

Posted February 12th, 2015 in appeals, DNA, human rights, news, paternity by sally

‘The Court of Appeal has ruled that it would not be lawful for DNA originally collected by the police to be used by a local authority for the purposes of a paternity test.’

UK Human Rights Blog, 11th February 2015

Source: www.ukhumanrightsblog.com

Supreme Court says Welsh NHS charges Bill in breach of A1P1 – UK Human Rights Blog

Posted February 12th, 2015 in appeals, asbestos, bills, compensation, costs, health, human rights, industrial injuries, news, Supreme Court, Wales by sally

‘Sounds like a rather abstruse case, but the Supreme Court has had some important things to say about how the courts should approach an argument that Article 1 of Protocol 1 to ECHR (the right to peaceful enjoyment of possessions) is breached by a legislative decision. The clash is always between public benefit and private impairment, and this is a good example.’

UK Human Rights Blog, 11th February 2015

Source: www.ukhumanrightsblog.com

UK prisoner voting rights breached, European judges rule – BBC News

Posted February 10th, 2015 in elections, electoral register, human rights, news, prisons by sally

‘The rights of more than 1,000 UK prisoners were breached when they were prevented from voting in elections, European judges have ruled.’

BBC News, 10th February 2015

Source: www.bbc.co.uk

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.’

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.’

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.’

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.’

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.’

Free Movement, 4th February 2015

Source: www.freemovement.org.uk

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

Posted February 4th, 2015 in Equality and Human Rights Commission, freedom of expression, homosexuality, human rights, inciting hatred on grounds of sexual orientation, inciting racial hatred, inciting religious hatred, marriage, news, racism, sexual orientation discrimination by sally

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

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 sally

‘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.’

BBC News, 3rd February 2015

Source: www.bbc.co.uk

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