‘A High Court judge has rejected a man’s legal challenge to Surrey County Council’s alcohol detox policy after he was refused residential treatment by social services due to his lack of prior engagement with early stage treatment plans for his alcoholism.’
Local Government Lawyer, 10th May 2023
Source: www.localgovernmentlawyer.co.uk
‘In recent months, the UK government has tabled two Bills before Parliament which would have the consequence – and almost certainly have the intention – of setting the UK on a collision course with the Council of Europe, and especially the European Court of Human Rights (ECtHR). Both the Bill of Rights Bill and the Illegal Migration Bill, introduced on 22 June 2022 and 7 March 2023 respectively, contain provisions that openly flout the UK’s obligations under the European Convention on Human Rights (ECHR). While the former is currently in parliamentary limbo, the Illegal Migration Bill will probably become law, following extensive amendment by the House of Lords, which will debate it on 10 May.’
EIN Blog, 9th May 2023
Source: www.ein.org.uk
‘Dominic Raab’s plan for human rights law reform is to get its final coup de grace under lord chancellor Alex Chalk, according to media reports. The Bill of Rights Bill – introduced last summer and then shelved under Liz Truss’s government – is technically still before parliament, awaiting a second reading in the House of Commons. However its future has been in doubt despite Raab’s return to office under Rishi Sunak.’
Law Society's Gazette, May 2023
Source: www.lawgazette.co.uk
‘Article 8 of the European Convention on Human Rights (‘the Convention’) protects a person’s right to “respect for his private and family life, his home and his correspondence”, while article 10 protects the right to freedom of expression.’
OUT-LAW.com, 9th May 2023
Source: www.pinsentmasons.com
‘If you have not heard of artificial intelligence (AI), you most likely will have heard of the likes of facial recognition and online chatbots, both of which use it. While AI has the potential to help solve societal challenges, there has been a mass call for global regulation to ensure it is used in responsible and inclusive ways. In May, the European Parliament will vote on the AI Act, which will set out to regulate AI technologies in order to protect human rights. In an open letter to members of the parliament’s leading committees, civic organisations including Amnesty International have called for the following to be prohibited: automated risk assessments and profiling systems; predictive analytical systems used to interdict, curtail and prevent migration; and “deception detectors” and remote biometric identification cards (RBI) in the context of migration and border management.’
Each Other, 27th April 2023
Source: eachother.org.uk
‘Plans aimed at stopping people crossing the Channel in small boats risk breaching the UK’s human rights obligations, a watchdog has warned.’
BBC News, 24th April 2023
Source: www.bbc.co.uk
‘Any move to allow ministers to ignore European Court of Human Rights orders stopping the removal of migrants would undermine the rule of law, senior legal figures have warned.’
The Independent, 20th April 2023
Source: www.independent.co.uk
‘The respondents in this appeal were convicted of terrorism offences. On 13 November 2020, they were sentenced to determinate custodial sentences by Colton J. In accordance with the Criminal Justice (Northern Ireland) Order 2008 (the ‘2008 Order’), the judge specified a “custodial period” of half of the term of their sentences which gave rise to an obligation on the part of the Department of Justice to release the respondents on licence (e.g. living in the community while complying with set rules) when they had served half their sentences.’
UKSC Blog, 19th April 2023
Source: ukscblog.com
‘Dominic Raab faces legal action over his refusal to trigger a public inquiry into the abuse of thousands of boys held in youth detention centres from the 1960s to 1980s’
The Independent, 16th April 2023
Source: www.independent.co.uk
‘Windrush scandal victims are still facing long waits and inadequate offers of compensation, according to a new report by a global human rights group. Human Rights Watch said the Home Office-run compensation scheme should be handed to an independent body.’
BBC News, 17th April 2023
Source: www.bbc.co.uk
‘Last week [24 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1). In an earlier post I dealt with the first, successful, ground of appeal: that because of fresh evidence it was in the interests of justice to order a new Jamieson inquest. In this post I examine the Court of Appeal’s analysis of the case from the point of view of the engagement of Article 2 ECHR.’
Doughty Street Chambers, 24th March 2023
Source: insights.doughtystreet.co.uk
‘Last week [20 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1).’
Doughty Street Chambers, 20th March 2023
Source: insights.doughtystreet.co.uk
‘The UK’s policy on torture has been described as “fatally flawed” after a watchdog identified non-compliance by intelligence agencies and the Ministry of Defence.’
The Guardian, 11th April 2023
Source: www.theguardian.com
‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’
Mills & Reeve, 6th April 2023
Source: www.mills-reeve.com
‘For the last 25 years, following the Belfast (Good Friday) Agreement in 1998 – which helped bring conflict in Northern Ireland to an end – there has been a call for a dedicated Bill of Rights for Northern Ireland.’
Each Other, 6th April 2023
Source: eachother.org.uk
‘This is not a post about the conflict between the provisions of the Illegal Migration Bill and the European Convention on Human Rights (an issue which has already attracted a considerable amount of critical academic commentary – see here and here). Instead, it is a post about the Bill’s potential conflict with the EU Charter of Fundamental Rights (“CFR”) and the UK’s commitments under the EU-UK Withdrawal Agreement, whether (and why) such a conflict matters in domestic law and how (if at all) that conflict could be resolved.’
UK Human Rights Blog, 31st March 2023
Source: ukhumanrightsblog.com
’12KBW pupil Corinne Novell gives an update on this case and the outcome of the Court of Appeal hearing, in which challenges were brought with regard to Article 2 and seeking a fresh inquest.’
Inquests and Inquiries Law Blog, 29th March 2023
Source: inquestsandinquirieslawblog.com
‘The government’s plans to curtail the rights of asylum seekers could lead to the collapse of the system of international protection for refugees, parliamentarians have been warned.’
The Guardian, 29th March 2023
Source: www.theguardian.com
‘On 22 February 2023, the judgment of the Special Immigration Appeals Commission (‘SIAC’ or ‘the Commission’) was published, upholding the Home Secretary’s decision to deprive Shamima Begum of her British citizenship under section 40(2) of the British Nationality Act 1981 (‘‘the BNA 1981’’) on the ground that it would be conducive to the public good to do so, because her return to the United Kingdom would present a national security risk.’
UK Constitutional Law Association, 29th March 2023
Source: ukconstitutionallaw.org
‘Proposed legislation aimed at stopping cross-channel migration in small boats would be incompatible with the UK’s international obligations, the leading human rights figure at the 46-member Council of Europe said today. Dunja Mijatović, Council of Europe commissioner for human rights, warned that the provisions of the Illegal Migration Bill ‘create clear and direct tension with well-established and fundamental human rights standards’.’
Law Society's Gazette, 27th March 2023
Source: www.lawgazette.co.uk
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