Category: human rights

“UK must not think only of itself”: Massacre families urge UK not to leave ECHR – UK Human Rights Blog

Posted October 24th, 2014 in human rights, news, rule of law by sally

‘The Conservative Party’s proposals to introduce a British Bill of Rights and Responsibilities that would weaken the UK’s obligations under the European Convention on Human Rights (ECHR) – and the legal chaos that would ensue if it was ever enacted – have been hotly debated. The proposal makes clear that if the Council of Europe was to reject the UK’s unilateral move, as it would be bound to, the UK ‘would be left with no alternative but to withdraw’ from the Convention.’

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UK Human Rights Blog, 24th October 2014

Source: www.ukhumanrightsblog.com

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2)- WLR Daily

Posted October 23rd, 2014 in Court of Protection, deprivation of liberty safeguards, human rights, law reports, mental health by sally

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2) [2014] EWCOP 37; [2014] WLR (D) 434

‘Further guidance on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same – WLR Daily

Posted October 23rd, 2014 in appeals, children, human rights, immigration, law reports by sally

Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same [2014] EWCA Civ 1334; [2014] WLR (D) 435

‘Where an applicant applied to the Secretary of State only for definite leave to remain, pursuant to section 3(1)(b) of the Immigration Act 1971, but made no request for indefinite leave to remain, and provided no material in support of the application specifically directed at an application for indefinite leave to remain, or which pointed to any disadvantage associated with the grant of discretionary leave to remain as opposed to indefinite leave to remain, the Secretary of State had no positive duty to consider what might support the granting of indefinite leave to remain.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

Anorexia, alcoholism and the right to autonomy – UK Human Rights Blog

Posted October 23rd, 2014 in alcoholism, Court of Protection, human rights, medical treatment, mental health, news by sally

‘The issues that arose before the Court of Protection in this case encapsulate the difficulties involved in applying legal tools to the organic swamp of human pathology. Everything that one may envisage, for example, in planning a “living will” (or, more precisely, an Advance Decision under the Mental Capacity Act), may have no application at the critical time because the human body – or rather the way it falls apart – does not fit in to neat legal categories. In such a situation it is often the right to autonomy that is most at risk, since what you plan for your own medical and physiological future may not square with what the authorities you decide you were capable of planning. Cobb J’s sensitive and humane judgement in this sad case is a very encouraging sign that courts are beginning to resist the tyrannous claims of Article 2 and the obligation to preserve life at all costs.’

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UK Human Rights Blog, 22nd October 2014

Source: www.ukhumanrightsblog.com

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others – WLR Daily

Posted October 22nd, 2014 in coroners, firearms, homicide, human rights, inquests, judicial review, law reports, police, self-defence, verdicts by sally

Regina (Duggan) v Her Majesty’s Assistant Deputy Coroner For the Northern District of Greater London and others [2014] EWHC 3343 (Admin); [2014] WLR (D) 431

‘A conclusion of lawful killing made by a coroner’s court meant that a death was recognised as one that would amount to the crime of murder, manslaughter or infanticide but for the presence of an additional factor which justified it.’

WLR Daily, 14th October 2014

Source: www.iclr.co.uk

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) – Supreme Court

Posted October 22nd, 2014 in Administrative Court, appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) [2014] UKSC 54 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

Human Rights: Philosophy and History – Gresham College

Posted October 22nd, 2014 in human rights, legal history, magna carta, news, United Nations by sally

‘The philosophical and historical development of what may be regarded as essential human rights will be traced. It is essential to understand this development before criticising – or complaining about – modern Human Rights law.’

Transcript

Gresham College, 15th October 2014

Source: www.gresham.ac.uk

British Jihadists and treason – UK Human Rights Blog

Posted October 22nd, 2014 in human rights, magna carta, news, religiously aggravated offences, sentencing, terrorism, treason, war by sally

‘The news last week was that the Foreign Secretary has proposed a revival of a fourteenth century statute in order to prosecute British jihadists who travel to Iraq or Syria to fight. Cries of foul are coming from the usual quarters, and there’s even a protest that the Strasbourg Court would object, which, given the current controversy surrounding that tribunal, may be a good reason in itself for such a move.’

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UK Human Rights Blog, 21st October 2014

Source: www.ukhumanrightsblog.com

Can a kiss on a bus count as public disorder? – The Guardian

Posted October 21st, 2014 in freedom of expression, homosexuality, human rights, news, public order by sally

‘The song was wrong – a kiss isn’t just a kiss. Or at least not on the No 89 to Blackheath, according to two passengers who say they were kicked off their London bus when the driver objected to their public display of affection.’

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The Guardian, 20th October 2014

Source: www.guardian.co.uk

White collar crime reform considered – Law Society’s Gazette

Posted October 21st, 2014 in attorney general, company directors, crime, deferred prosecution agreements, evidence, human rights, news by sally

‘The attorney general has revealed that the government is considering changing the evidential basis for prosecuting white collar crime.’

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Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk

Court refuses to say if killer was allowed to stay in UK – Daily Telegraph

Posted October 20th, 2014 in appeals, deportation, disclosure, families, human rights, immigration, murder, news, public interest by sally

‘Bernard Finlay was found guilty of stabbing a mother of two to death with three kitchen knives and a cleaver in 1997.’

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Daily Telegraph, 18th October 2014

Source: www.telegraph.co.uk

Judge calls for more openness in controversial secret court – Daily Telegraph

Posted October 20th, 2014 in Court of Protection, human rights, media, news, private hearings, public interest, reporting restrictions by sally

‘District Judge Anselm Eldergill says Court of Protection should normally be open to the Press, in moves first mooted almost a year ago by another senior judge.’

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Daily Telegraph, 17th October 2014

Source: www.telegraph.co.uk

Building a super-prison for children is a terrible idea – The Guardian

Posted October 20th, 2014 in appeals, bills, children, death in custody, human rights, news, prisons, restraint, young offenders by sally

‘he Ministry of Justice’s bizarre plan includes a regime of physical punishment and restraint that would be a recipe for child abuse.’

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The Guardian, 17th October 2014

Source: www.guardian.co.uk

Grayling gives green light for staff to use force against inmates in new jail – The Guardian

Posted October 17th, 2014 in appeals, bills, children, death in custody, detention, human rights, news, restraint, young offenders by sally

‘Chris Grayling is to defy an appeal court judgement and order that staff should be able to use force to restrain teenage inmates for “the purposes of good order and discipline” at his proposed £85m privately run “super-child jail.” The proposed rule for the justice secretary’s 320-place “secure college” comes despite a court of appeal ruling in 2008 which banned the use of force after it was linked to the deaths and injury of several children in custody, including the death of a 14-year-old Gareth Myatt.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

The Costs of Complexity: A Practical View from the Bar – Littleton Chambers

Posted October 15th, 2014 in appeals, costs, human rights, news, nuisance, Supreme Court by sally

‘In his monthly column, originally published by PLC, James Bickford Smith considers the Supreme Court’s judgments in Coventry v Lawrence (No 2) [2014] UKSC 46 and Marley v Rawlings [2014] UKSC 51, before commenting briefly on relief from sanctions disputes after Denton v White and other appeals [2014] EWCA Civ 906.’

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Littleton Chambers, 3rd October 2014

Source: www.littletonchambers.com

Binning the smoke alarm: Why repealing the Human Rights Act would be the biggest mistake of a generation – Doughty Street Chambers

Posted October 15th, 2014 in families, forced labour, freedom of expression, human rights, imprisonment, murder, news, privacy, torture, war, war crimes by sally

‘Following plans announced at the Conservative Party’s recent conference to withdraw from the European Convention on Human Rights, Harriet Johnson reminds us why we signed it in the first place, and underlines why it remains such an important safeguard over half a century later.’

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Doughty Street Chambers, 3rd October 2014

Source: www.doughtystreet.co.uk

The Supreme Court and the Rule of Law – Speech by Lord Neuberger

Posted October 13th, 2014 in appeals, armed forces, assisted suicide, asylum, EC law, freedom of expression, human rights, immigration, jurisdiction, media, news, privacy, race discrimination, railways, rule of law, school children, Supreme Court by sally

The Supreme Court and the Rule of Law (PDF)

Lord Neuberger

The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014

Source: www.supremecourt.uk

Lord Neuberger on the Supreme Court: Five key cases from its first five years – The Independent

Posted October 13th, 2014 in appeals, assisted suicide, closed material, divorce, EC law, environmental protection, euthanasia, financial dispute resolution, hearsay evidence, human rights, judges, judicial review, news, parliament, railways, statistics, Supreme Court by sally

‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’

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The Independent, 12th October 2014

Source: www.independent.co.uk

Revealed: The killers and rapists among 1,000 criminals launching compensation claims over prisoner voting – Daily Telegraph

Posted October 10th, 2014 in compensation, elections, human rights, news, prisons by sally

‘Identities of more than 1,000 convicted criminals who have brought legal challenges over Britain’s ban on inmates voting are disclosed by Strasbourg court for the first time.’

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Daily Telegraph, 9th October 2014

Source: www.telegraph.co.uk

The UK in the European Convention: fudge, or a shining example? – UK Human Rights Blog

Posted October 10th, 2014 in constitutional law, EC law, human rights, jurisdiction, news, treaties by sally

‘Last night’s discussion at Gray’s Inn Hall featured a panel with Dominic Grieve QC MP (formerly Attorney General), Lord Judge (formerly Lord Chief Justice), Bella Sankey (Policy Director, Liberty), Martin Howe QC (member of the Commission on a British Bill of Rights), David Anderson QC (Independent Reviewer of Terrorism Legislation), all chaired by Shaun Ley of the BBC.’

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UK Human Rights Blog, 9th October 2014

Source: www.ukhumanrightsblog.com