Category: human rights

Regina (Gallastegui) v Westminster City Council and others – WLR Daily

Posted February 7th, 2013 in appeals, demonstrations, freedom of expression, human rights, law reports, local government by sally

Regina (Gallastegui) v Westminster City Council and others [2013] EWCA Civ 28; [2013] WLR (D) 45

“Sections 143 and 145 of the Police Reform and Social Responsibility Act 2011 were carefully targeted to prevent protesters camping with tents or sleeping equipment on Parliament Square Gardens, but did not generally impair freedom to protest at all. As a consequence they were not incompatible with the rights to freedom of expression and protest in articles 10 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Sincethe procedure set out in the 2011 Act allowed for access to a court, article 6 of the Convention was not engaged.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

Mid Staffs Inquiry report: Human rights abuses need human rights solutions – UK Human Rights Blog

Posted February 6th, 2013 in hospitals, human rights, inquiries, medical treatment, news, whistleblowers by sally

“Hundreds of people have died; others have been starved, dehydrated and left in appalling conditions of indignity, witnessed by their loved ones. Surely this is what Chris Grayling, Justice Secretary, had in mind when he recently cautioned to need to ‘concentrate on real human rights’?”

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UK Human Rights Blog, 6th February 2013

Source: www.ukhumanrightsblog.com

Commission helps disabled man win compensation for discrimination – Equality and Human Rights Commission

Posted February 6th, 2013 in compensation, disability discrimination, equality, Equality and Human Rights Commission, human rights, news by sally

“The Equality and Human Rights Commission (EHRC) has helped a disabled man win £1,500 pounds in an out of court settlement after he was refused access to a nightclub and then taunted by staff.”

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Equality and Human Rights Commission, 6th February 2013

Source: www.equalityhumanrights.com

Home secretary Theresa May overhauls extradition laws – The Guardian

Posted February 6th, 2013 in bills, extradition, human rights, news, public interest by sally

“The home secretary, Theresa May, is to close the door on future campaigns by those facing extradition such as that waged by the computer hacker, Gary McKinnon, by changing the law.”

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The Guardian, 6th February 2013

Source: www.guardian.co.uk

Triple killer granted anonymity ‘to protect human rights’ – Daily Telegraph

Posted February 6th, 2013 in anonymity, human rights, murder, news by sally

“A triple killer guilty of ‘exceptionally horrific’ and ‘unprovoked’ crimes has been granted anonymity to protect his human rights.”

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Daily Telegraph, 6th February 2013

Source: www.telegraph.co.uk

Another critique of the new Immigration Rules’ codification of Article 8 – UK Human Rights Report

Posted February 5th, 2013 in human rights, immigration, news, regulations, tribunals by sally

“Izuazu (Article 8 – new rules) Nigeria [2013] UKUT 45 (IAC). The Upper Tribunal has concluded that new Immigration Rules do not adequately reflect the Secretary of State’s obligations under Article 8 of the ECHR.”

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UK Human Rights Blog, 4th February 2013

Source: www.ukhumanrightsblog.com

Essex Police sued over Lee Balkwell cement mixer death – BBC News

Posted February 4th, 2013 in complaints, construction industry, corporate manslaughter, human rights, news, police, unlawful killing by sally

“Essex Police is to be sued over its investigation into the death of a man found
with multiple injuries in a cement mixer.”

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BBC News, 4th February 2013

Source: www.bbc.co.uk

Gay asylum seekers feeling increased pressure to prove sexuality, say experts – The Guardian

Posted February 4th, 2013 in asylum, evidence, homosexuality, human rights, immigration, news by sally

“Gay asylum seekers are increasingly going to extreme lengths to meet immigration officials’ demands that they prove their sexual identity or else be returned to countries where they face persecution.”

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The Guardian, 3rd February 2013

Source: www.guardian.co.uk

UK military interrogation method lawful, High Court says – BBC News

Posted February 4th, 2013 in armed forces, human rights, imprisonment, Iraq, news by sally

“The use of a ‘verbal short sharp shock’ on prisoners interrogated by British troops is lawful, judges have decided.”

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BBC News, 1st February 2013

Source: www.bbc.co.uk

Blanket disclosure requirement for minor past convictions breaches Convention – UK Human Rights Blog

Posted January 31st, 2013 in appeals, cautions, disclosure, human rights, news, privacy, vetting by sally

“The Court of Appeal has ruled that the statutory requirement that criminal convictions and cautions must be disclosed in an enhanced criminal record check (‘ECRC’) in the context of particular types of employment interfered with the appellants’ right to respect for private life under Article 8.”

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UK Human Rights Blog, 30th January 2013

Source: www.ukhumanrightsblog.com

UK criminal record disclosure laws deemed to infringe individuals’ privacy rights – OUT-LAW.com

Posted January 31st, 2013 in cautions, criminal records, disclosure, human rights, news, privacy, vetting by sally

“UK laws that set out a ‘blanket’ requirement that job applicants disclose to employers all of the ‘recordable’ criminal convictions and police warnings they have been given are incompatible with individuals’ right to privacy, the Court of Appeal has ruled.”

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OUT-LAW.com, 31st January 2013

Source: www.out-law.com

B (Algeria) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted January 30th, 2013 in contempt of court, human rights, identification, immigration, imprisonment, law reports, mental health by sally

B (Algeria) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 4 | UKSC 2011/0186 (YouTube)

Supreme Court, 30th January 2013

Source: www.youtube.com/user/UKSupremeCourt

John Catt takes protester records case to Court of Appeal – BBC News

Posted January 30th, 2013 in criminal records, demonstrations, human rights, news, police, privacy by sally

“A man from Brighton who wants records of his political activities removed from a police database has taken his case to the Court of Appeal.”

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BBC News, 29th January 2013

Source: www.bbc.co.uk

Iraqis seek public inquiry at the High Court over UK troops’ ‘acts of brutality’ – The Independent

Posted January 30th, 2013 in armed forces, human rights, inquiries, Iraq, news, torture, unlawful killing by sally

“Allegations that British troops in Iraq were guilty of killing civilians and ‘terrifying acts of brutality’ were made at the High Court today [29 January].”

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The Independent, 29th January 2013

Source: www.independent.co.uk

Court of Appeal Declares Criminal Records Regime Incompatible with Article 8 – Panopticon

Posted January 30th, 2013 in cautions, criminal records, disclosure, human rights, news, privacy, proportionality by sally

“The Court of Appeal has today [29 January] handed down an important judgment in R (T & others) v Chief Constable of Greater Manchester & others [2013] EWCA Civ 25. The case concerned the blanket requirement in the Rehabilitation of Offenders Act 1974, section 113B of the Police Act 1997 and articles 3 and 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 that criminal convictions and cautions must be disclosed in an enhanced criminal record check (‘ECRC’) in the context of particular types of employment (such as with children or vulnerable adults), even if those convictions or cautions would otherwise be deemed spent by the 1974 Act.”

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Panopticon, 29th January 2013

Source: www.panopticonblog.com

Criminal record checks system breaches human rights, court rules – The Guardian

Posted January 29th, 2013 in criminal records, human rights, news, vetting by sally

“The home secretary, Theresa May, is facing urgent pressure to overhaul the criminal records system after an appeal court ruled that the way it operated was unlawful and breached human rights.”

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The Guardian, 29th January 2013

Source: www.guardian.co.uk

Rapist wins damages from government – BBC News

Posted January 29th, 2013 in damages, delay, human rights, news, parole, rape by sally

“The government has been ordered to pay damages to a convicted rapist because of delays to a review about whether he should be released.”

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BBC News, 29th January 2013

Source: www.bbc.co.uk

The future of human rights on these islands – UK Human Rights Blog

Posted January 29th, 2013 in constitutional reform, human rights, news by sally

“Now that the idea of a new UK Bill of Rights appears to be buried, choices re-emerge. The predicted outcome of the London-based Commission’s work was finally confirmed in December. Where now for human rights?”

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UK Human Rights Blog, 29th January 2013

Source: www.ukhumanrightsblog.com

Public rights in private homes: Deprivations of liberty in private care homes – Hardwicke Chambers

Posted January 28th, 2013 in care homes, Court of Protection, human rights, mental health, news by sally

On 11 December 2012 Mr Justice Mostyn in the Court of Protection handed down judgment in a case he described as ‘a sad story’.

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Hardwicke Chambers, 23rd January 2013

Source: www.hardwicke.co.uk

Positive obligations to provide access to information under the European Convention on Human Rights – 11 KBW

Posted January 28th, 2013 in data protection, human rights, news by sally

“In this article, we seek to identify how, when and why the courts have developed positive obligations under the European Convention on Human Rights (‘ECHR’ or ‘the Convention’) for the State to provide access to information. We propose to identify four distinct categories of information, and argue that the courts have taken a different approach in relation to each one. We will then consider why the courts have adopted these divergent approaches.”

Full story (PDF)

11 KBW, 28th January 2013

Source: www.11kbw.com