Category: human rights

Family comes first (even if they’re in Poland) – UK Human Rights Blog

Posted July 11th, 2014 in adoption, appeals, care orders, families, grandparents, human rights, news by sally

‘In this successful appeal against care and placement orders in respect of a young infant with Polish parents, the Court of Appeal were sharply critical of comments made by the first instance judge which made it clear he had closed his mind at an early stage to the possibility of the baby being looked after by her grandparents in Poland. The Court held that both the judge and the local authority had failed to give sufficient weight to their positive obligation under Article 8 to consider ways of retaining a child within the family.’

Full story

UK Human Rights Blog, 10th July 2014

Source: www.ukhumanrightsblog.com

Retrospective legislation that interfered with judicial ruling violated the Convention and the rule of law – UK Human Rights Blog

Posted July 9th, 2014 in human rights, judgments, legislation, news, retrospectivity by sally

‘The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.’

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UK Human Rights Blog, 8th July 2014

Source: www.ukhumanrightsblog.com

Care Orders and Home Placements: removal and the public funding conundrum – Family Law Week

Posted July 8th, 2014 in adoption, appeals, care orders, children, human rights, local government, news, Supreme Court by sally

‘Michael Jones, barrister, of 15 Winckley Square Chambers considers the lessons to be learned from Re DE (A Child) when care plans provide for placements at home with the family.’

Full story

Family Law Week, 7th July 2014

Source: www.familylawweek.co.uk

Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

Posted July 7th, 2014 in appeals, benefits, carers, children, disability discrimination, disabled persons, families, housing, human rights, local government, news by sally

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

Full story

UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

The issue of assisted suicide – are changes on the horizon? – Halsbury’s Law Exchange

Posted July 7th, 2014 in appeals, assisted suicide, disabled persons, doctors, human rights, judicial review, news, suicide, Supreme Court by sally

‘The Supreme Court considered two appeals together, concerning three appellants who had suffered from permanent and catastrophic physical disabilities and wished to die at the time of their choosing. However, they were not physically capable of ending their own life unaided. The court considered, among other things, whether the Suicide Act 1961, s 2 infringed the appellants’ rights under the European Convention on Human Rights, art 8 (ECHR).’

Full story

Halsbury’s Law Exchange, 7th July 2014

Source: www.halsburyslawexchange.co.uk

‘Kidnap’ mother Eileen Clark extradited to the US – BBC News

Posted July 4th, 2014 in child abduction, domestic violence, extradition, human rights, news by sally

‘A mother of three who fled her husband in the US has been extradited from the UK on charges of kidnapping her children, campaigners have said.’

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BBC News, 4th July 2014

Source: www.bbc.co.uk

Religion, the Rule of Law and Discrimination – Gresham College

Posted July 3rd, 2014 in constitutional law, freedom of expression, human rights, news, religious discrimination, rule of law by sally

‘This address will explore the development of the law’s approach at the intersection between, on the one hand, the manifestation of religious beliefs and, on the other, the protection and promotion of secular values.
It charts the shift from the historic protection of Christian orthodoxy, through the development of anti-discrimination legislation, to the recent domestic and European legislation and case law which have provided a coherent framework for the balancing of these rights consistent with the values of the Rule of Law.’

Transcript

Gresham College, 26th June 2014

Source: www.gresham.ac.uk

R (on the application of Whiston) (Appellant) v Secretary of State for Justice (Respondent) – Supreme Court

Posted July 3rd, 2014 in appeals, human rights, law reports, release on licence, Supreme Court by sally

R (on the application of Whiston) (Appellant) v Secretary of State for Justice (Respondent) [2014] UKSC 39 (YouTube)

Supreme Court, 2nd July 2014

Source: www.youtube.com/user/UKSupremeCourt

Exceptional cases: High Court widens scope of LASPO and declares guidance unlawful – Legal Aid Handbook

Posted July 2nd, 2014 in civil justice, EC law, families, human rights, immigration, judicial review, legal aid, news, refugees by sally

‘The High Court recently gave judgement in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin).’

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Legal Aid Handbook, 1st July 2014

Source: www.legalaidhandbook.com

France’s ban on religious clothing in schools did not prevent removal of asylum seeker there under Dublin Regulation – UK Human Rights Blog

Posted July 1st, 2014 in appeals, asylum, foreign jurisdictions, freedom of expression, human rights, news by sally

‘France is a country which observes its Convention obligations therefore it is not in breach of Article 3 or any other of the Convention’s provisions to return an asylum seeker thence under the Dublin Regulation, since that system provides that once a Member State has “taken charge” of an application for asylum (as France has in this case) it has exclusive responsibility for processing and determining the claim for asylum. The prohibition on religious clothing in public schools in France did not disclose a threat to the second appellant’s Convention rights.’

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UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

Should prisoners have the right to vote? – Halsbury’s Law Exchange

Posted July 1st, 2014 in elections, human rights, news, prisons, select committees, treaties by sally

‘Since 1969 no convicted prisoner in the UK has been allowed to vote. This prohibition was imposed, without debate, by the Representation of the People Act 1969. For two years before that there was no statutory bar to prisoners voting by post, albeit that there were, in many cases, administrative restrictions that prevented them from doing so.’

Full story

Halsbury’s Law Exchange, 30th June 2014

Source: www.halsburyslawexchange.co.uk

Religion, The Rule of Law and Discrimination – Speech by Sir Terence Etherton

Posted June 27th, 2014 in homosexuality, human rights, religious discrimination, rule of law, sexual orientation discrimination, speeches by sally

‘Speech by Sir Terence Etherton: Religion, The Rule of Law and Discrimination – 2014 Gray’s Inn Reading at Barnard’s Inn.’

Full speech

Judiciary of England & Wales, 26th June 2014

Source: www.judiciary.gov.uk

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

Posted June 27th, 2014 in appeals, child abduction, children, disclosure, human rights, jurisdiction, law reports, news, parental responsibility, passports, proportionality by sally

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’

Source: www.iclr.co.uk

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening); [2014] EWCA Civ 854; [2014] WLR (D) 281 – WLR Daily

Posted June 27th, 2014 in asylum, EC law, human rights, Islam, law reports, religious discrimination by sally

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening): [2014] EWCA Civ 854; [2014] WLR (D) 281

‘The removal of a female Muslim claimant of school age to France, where she had first claimed asylum and which had accepted responsibility for that claim, did not breach her Convention rights to a private and family life and freedom of religion by reason of a French law prohibiting the wearing of religious symbols and clothing in state schools.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

Supreme Court is supreme, says Neuberger – Law Society’s Gazette

Posted June 27th, 2014 in constitutional law, human rights, news, select committees, Supreme Court by sally

‘No legislative change is needed to enable the Supreme Court to deviate from rulings of the European Court of Human Rights, the Supreme Court’s president told peers today.’

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Law Society’s Gazette, 25th June 2014

Source: www.lawgazette.co.uk

UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

Posted June 26th, 2014 in appeals, criminal records, disclosure, employment, human rights, news, privacy, proportionality, Supreme Court, vetting by sally

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

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OUT-LAW.com, 25th June 2014

Source: www.out-law.com

Supreme Court rejects right to die appeals – UK Human Rights Blog

Posted June 26th, 2014 in appeals, assisted suicide, human rights, news, Supreme Court by sally

‘The Supreme Court has declined to uphold a right to die a dignified death. However, a glimmer is is to be found in this judgment in that two out of the seven justices who concluded that it was for the United Kingdom to decide whether the current law on assisted suicide was incompatible with the right to privacy and dignity under Article 8, would have granted such a declaration in these proceedings., particularly where the means of death was one that could have been autonomously operated by the disabled appellant, leaving no doubt as to the voluntary and rational nature of his decision.’

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UK Human Rights Blog, 25th June 2014

Source: www.ukhumanrightsblog.com

Top judges raise concern over plan to restrict judicial review challenges – The Guardian

Posted June 26th, 2014 in bills, human rights, judges, judicial review, news, select committees by sally

‘Restrictions on judicial review challenges may be motivated more by a desire to avoid political embarrassment than the need to save money, a senior judge has suggested.’

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The Guardian, 25th June 2014

Source: www.guardian.co.uk

R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent); R (on the application of AM) (AP) v The Director of Public Prosecutions (Appellant) – Supreme Court

Posted June 25th, 2014 in assisted suicide, disabled persons, human rights, law reports, prosecutions by sally

R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent); R (on the application of AM) (AP) v The Director of Public Prosecutions (Appellant) [2014] UKSC 38 (YouTube)

Supreme Court, 25th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Regina (Tabbakh) v Staffordshire and West Midlands Probation Trust and another – WLR Daily

Posted June 25th, 2014 in human rights, law reports, prisons, release on licence by sally

Regina (Tabbakh) v Staffordshire and West Midlands Probation Trust and another [2014] EWCA Civ 827; [2014] WLR (D) 278

‘In respect of a prisoner due to be released on licence who was subject to multi-agency public protection arrangements, the policy guidance governing the imposition by the Secretary of State for Justice of additional conditions on the prisoner’s licence did not breach the requirements of procedural fairness or article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and was not inherently unlawful.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk