High court rejects human rights appeal over airport detention – The Guardian

Posted August 29th, 2013 in airports, appeals, detention, human rights, immigration, news, terrorism by sally

“Three high court judges have said there is room for improvement in the operation of counter-terror powers used by police special branch officers to stop, question and detain 70,000 people a year passing through Britain’s airports and ports.”

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The Guardian, 28th August 2013

Source: www.guardian.co.uk

Woman to hear court ruling on her airport questioning – BBC News

“A Muslim woman who says she was stopped at an airport ‘without reasonable suspicion’ is awaiting a court ruling on whether her rights were breached.”

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BBC News, 28th August 2013

Source: www.bbc.co.uk

Murderer told he would spend life behind bars has become the first Briton to appeal against tariff in European court – The Independent

Posted August 22nd, 2013 in appeals, human rights, murder, news, sentencing by sally

“A triple murderer has become the first UK citizen to mount a legal challenge against his ‘life means life’ tariff after a controversial ruling from European judges that it breaches human rights.”

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The Independent, 21st August 2013

Source: www.independent.co.uk

UK woman held in ‘squalid’ cell for more than five years – The Guardian

Posted August 21st, 2013 in human rights, news, prisons, rehabilitation, standards, torture by sally

“Women’s prison in Surrey criticised for ‘inhumane and degrading treatment’ of a prisoner.”

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The Guardian, 21st August 2013

Source: www.guardian.co.uk

Twitter Trolls, Tribunal Online (Finally), Don’t go Home – The Human Rights Roundup – UK Human Rights Blog

“This week, judicial review continued to take a beating, the Home Office backed down over their ‘Go Home’ campaign and the legal implications behind the twitter threat debacle were considered. And, finally, the immigration and asylum tribunal launched a useful online search service.”

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UK Human Rights Blog, 19th August 2013

Source: www.ukhumanrightsblog.com

Better Late than Never? – NearlyLegal

Posted August 19th, 2013 in appeals, homelessness, housing, human rights, local government, news, time limits by sally

Peake v LB Hackney  is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit.”

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NearlyLegal, 18th August 2013

Source: www.nearlylegal.co.uk/blog/

Imposing strict conditions on release of terrorist offender did not breach Article 8 – UK Human Rights Blog

“Tabbakh, R (on the application of) v Staffordshire and West Midlands Probation Trust and others [2013] EWHC 2492 (Admin). The claimant, a Syrian national, was serving the non-custodial part of a seven year sentence imposed for an offence of preparing a terrorist act. He was released automatically on licence on 23 June 2011, having served half his sentence. He took proceedings for judicial review contending that he had had no meaningful opportunity to participate in the process when his licence conditions were determined and that this constituted a breach of the procedural guarantees under Article 8 of the European Convention on Human Rights.”

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UK Human Rights Blog, 15th August 2013

Source: www.ukhumanrightsblog.com

The terrorist we can’t deport because of his human rights – Daily Telegraph

Posted August 16th, 2013 in appeals, asylum, deportation, human rights, news, terrorism by sally

“Ministers are powerless to deport a convicted foreign terrorist who has lived in Britain for 12 years even though he has lost a long-running legal battle for refugee status.”

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Daily Telegraph, 15th August 2013

Source: www.telegraph.co.uk

Mental health detention powers must be reviewed urgently, says Parliamentary Committee – UK Human Rights Blog

Posted August 14th, 2013 in children, community care, detention, hospitals, human rights, mental health, news, reports by sally

“The House of Commons Health Committee has published a report (PDF) following its inquiries into the Mental Health Act 2007. The MHA 2007 introduced several amendments to the Mental Health Act 1983 (MHA, as amended), some of which were very controversial at the time and continue to be so now. The Health Committee’s report follows post-legislative scrutiny of the legislation by its parent department.”

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UK Human Rights Blog, 14th August 2013

Source: www.ukhumanrightsblog.com

Thousands of UK citizens ‘detained unlawfully’ – Law Society’s Gazette

“Tens of thousands of vulnerable people are being detained unlawfully due to the complexity of the Mental Capacity Act (MCA), lawyers have told a House of Lords committee.”

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Law Society’s Gazette, 12th August 2013

Source: www.lawgazette.co.uk

David Cameron eyes Human Rights Act repeal – The Guardian

Posted August 9th, 2013 in human rights, legislation, news, repeals by sally

“Britain needs to look at scrapping the Human Rights Act, David Cameron has said.”

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The Guardian, 8th August 2013

Source: www.guardian.co.uk

Privacy International to challenge telecoms firms over GCHQ cooperation – The Guardian

“BT and Vodafone are among seven large telecoms firms which could be pulled into a legal challenge under human rights law for cooperating with GCHQ’s large-scale internet surveillance programs.”

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The Guardian, 8th August 2013

Source: www.guardian.co.uk

Leah Grolman and Greg Weeks: Guidelines and Assisted Suicide: an Australian Perspective – UK Constitutional Law Group

“The morally and politically charged area of assisted suicide has many of the hallmarks of an insoluble problem. This has not prevented courts in some jurisdictions considering how they might ‘legalise’ assisted suicide without really legalising it. In doing so, they have raised manifold challenges in the minds of administrative and constitutional lawyers, including, in some jurisdictions, whether the prohibition on assisted suicide is itself constitutional, such as Rodriguez in Canada, Fleming in Ireland and Pretty in the ECtHR.”

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UK Constitutional Law Group, 7th August 2013

Source: www.ukconstitutionallaw.org

No trade unions for clergy if the Archbishop says no, rules European Court – UK Human Rights Blog

Posted August 2nd, 2013 in clergy, human rights, news, trade unions by sally

“The Orthodox Archbishop of Craiova in Romania, that is, not the Archbishop of Canterbury. The European Court of Human Rights recently handed down an interesting ruling on Article 11 (freedom of assembly and association) that could also have more far-reaching consequences for the application of Article 9 (freedom of religion).”

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UK Human Rights Blog, 1st August 2013

Source: www.ukhumanrightsblog.com

Red Cap’s family sues MoD for negligence over his death in Iraq – The Guardian

Posted August 1st, 2013 in armed forces, human rights, Iraq, negligence, news, time limits by sally

“The family of a Royal Military Police officer killed by a crowd of Iraqis is suing the Ministry of Defence for negligence.”

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The Guardian,

Source: www.guardian.co.uk

Appeal court shies away from right to die issue – UK Human Rights Blog

Posted July 31st, 2013 in appeals, assisted suicide, euthanasia, human rights, medical ethics, news by sally

“The Court of Appeal has today unanimously dismissed appeals by Jane Nicklinson and Paul Lamb challenging the legal ban on voluntary euthanasia.”

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UK Human Rights Blog, 31st July 2013

Source: www.ukhumanrightsblog.com

Disabled challenge to bedroom tax fails – UK Human Rights Blog

Posted July 31st, 2013 in appeals, benefits, disabled persons, housing, human rights, judicial review, news by sally

“The High Court has unanimously dismissed an application for a declaration that the so-called ‘bedroom tax’ discriminates unlawfully against disabled claimants.”

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UK Human Rights Blog, 31st July 2013

Source: www.ukhumanrightsblog.com

Bedroom tax JR – NearlyLegal

“The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful in the Divisional Court (R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 – not on Baili yet, but available to download from Adam Wagner’s site); but the Court came close to granting injunctive relief against the Secretary of State to make regulations bringing Burnip/Gorry into effect, as opposed to relying simply on a Circular. The DWP had argued that they were entitled to rely on guidance by way of Circular ‘pending a decision on whether and at what point in time to introduce regulations’ (Laws LJ’s emphasis). On that point, rarely have I read such strong words as appear in Laws LJ’s judgment at [91]-[92]. That is an ouch moment for the DWP which, I bet, will not be widely reported, so let me headline the quote here: ‘The Secretary of State has no business considering whether to introduce regulations to conform HB provision with the judgment in Gorry. He is obliged to do so.’ The only thing which stopped injunctive relief was that their drafting was ‘under consideration’ after 14 months (!).”

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NearlyLegal, 3oth July 2013

Source: www.nearlylegal.co.uk

Couple’s stolen caravan cannot be returned as could breach traveller family’s ‘human rights’ – Daily Telegraph

Posted July 31st, 2013 in civil justice, housing, human rights, news, police, theft, travellers by sally

“A couple who spent their retirement savings on a caravan only to see it stolen were astounded when police said the travellers who are living in it could not be removed as it would breach their ‘human rights’.”

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Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

Right-to-die campaigners lose battle – BBC News

Posted July 31st, 2013 in appeals, assisted suicide, human rights, medical ethics, news by sally

“The family of late locked-in syndrome sufferer Tony Nicklinson and paralysed road accident victim Paul Lamb have lost their right-to-die challenges.”

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BBC News, 31st July 2013

Source: www.bbc.co.uk