Supreme Court: Articles 3, 6 and 8 ECHR in child protection PII case – Panopticon

“There have been a number of important privacy judgments in recent weeks, particularly concerning Article 8 ECHR in cases with child protection elements.”

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Panopticon, 13th December 2012

www.panopticonblog.com

Redacting for anonymisation: Article 8 v Article 10 in child protection context – Panopticon

Posted December 13th, 2012 in anonymity, data protection, freedom of information, human rights, news, privacy by sally

“Panopticon has reported recently on the ICO’s new Code of Practice on Anonymisation: see Rachel Kamm’s post here. That Code offers guidance for ensuring data protection-compliant disclosure in difficult cases such as those involving apparently anonymous statistics, and situations where someone with inside knowledge (or a ‘motivated intruder’) could identify someone referred to anonymously in a disclosed document. The Upper Tribunal in Information Commissioner v Magherafelt District Council [2012] UKUT 263 AAC grappled with those issues earlier this year in the context of disclosing a summarised schedule of disciplinary action.”

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Panopticon, 13th December 2012

Source: www.panopticonblog.com

Votes for prisoners: UK told it must implement ECHR decisions – The Guardian

Posted December 10th, 2012 in bills, elections, enforcement, human rights, interpretation, news, prisons by sally

“The government has been handed a mild reprimand by the Council of Europe for its delaying tactics over giving prisoners the right to vote.”

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The Guardian, 10th December 2012

Source: www.guardian.co.uk

O and another v Maahanmuuttovirasto; Maahanmuuttovirasto v L – WLR Daily

Posted December 10th, 2012 in citizenship, EC law, families, human rights, immigration, law reports by sally

O and another v Maahanmuuttovirasto Maahanmuuttovirasto v L (Joined Cases C-356/11 and C-357/11); [2012] WLR (D) 371

“In circumstances where a third country national husband had married another third country national lawfully resident in the European Union and where the first child, an EU citizen, was a child of the wife’s former marriage to an EU citizen and the second child was a child of their own marriage, a member state could refuse to grant the third country national husband a residence permit on the basis of family reunification where he sought to derive the right of residence from his wife’s first child on the basis of the child’s enjoyment of EU citizenship pursuant to article 20FEU of the FEU Treaty. In those circumstances, however, Council Directive 2003/86/EC on the right to family reunification could apply.”

WLR Daily, 6th December 2012

Source: www.iclr.co.uk

Allowing religious gay marriages will avoid human rights challenges – UK Human Rights Blog

Posted December 7th, 2012 in equality, homosexuality, human rights, marriage, news by sally

“The Prime Minister has announced his support for gay marriage in religious institutions. Having already said, memorably, that ‘I don’t support gay marriage in spite of being a conservative. I support gay marriage because I am a conservative’, he has now gone a step further and argued that gay couples should be able to marry on religious premises. But, he also made clear, ‘if there is any church or any synagogue or any mosque that doesn’t want to have a gay marriage it will not, absolutely must not, be forced to hold it’.”

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UK Human Rights Blog, 7th December 2012

Source: www.ukhumanrightsblog.com

Are whole-life prison sentences an infringement of human rights? – The Guardian

Posted December 6th, 2012 in human rights, news, rehabilitation, sentencing by sally

“As three British lifers launch an appeal at the European court, we weigh the evidence.”

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The Guardian, 5th December 2012

Source: www.guardian.co.uk

Abid Naseer loses extradition appeal – BBC News

Posted December 6th, 2012 in appeals, extradition, human rights, news, terrorism by sally

“A UK-based terror suspect has failed in his bid to stop his extradition to the US after the European Court of Human Rights threw his case out.”

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BBC News, 5th December 2012

Source: www.bbc.co.uk

Regina (Tajik) v City of Westminster Magistrates’ Court and another – WLR Daily

Posted December 5th, 2012 in appeals, delay, diplomats, embassies, extradition, human rights, law reports, time limits by sally

Regina (Tajik) v City of Westminster Magistrates’ Court and another [2012] EWHC 3347 (Admin); [2012] WLR (D) 361

“While there was nothing in section 118 of the Extradition Act 2003 to delay its operation pending the Secretary of State’s consideration of medical evidence after the conclusion of extradition statutory process, continued extra-statutory consideration of a case by the Secretary of State could be valid subject to the court’s judgment as to whether reasonable cause had been shown for delay following the conclusion of the appeal process.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Leveson isn’t a threat to human rights – not adopting his proposals would be – The Guardian

Posted December 3rd, 2012 in freedom of expression, human rights, media, news, privacy, reports by sally

“Comments attributed to Shami Chakrabarti of Liberty are the kind of nonsense that give human rights a bad name.”

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The Guardian, 3rd December 2012

Source: www.guardian.co.uk

The 1996 Hague Convention: The Fourth Dimension – Family Law Week

Posted December 3rd, 2012 in child abduction, EC law, human rights, news, parental responsibility, treaties by sally

“Eleri Jones barrister at 1 Garden Court, and Anne-Marie Hutchinson OBE and Richard Kwan both of Dawson Cornwell solicitors consider the impact of the 1996 Hague Convention in England and Wales.”

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Family Law Week, 30th November 2012

Source: www.familylawweek.co.uk

Turner v East Midlands Trains Ltd – WLR Daily

Posted November 30th, 2012 in human rights, law reports, proportionality, tribunals, unfair dismissal by tracey

Turner v East Midlands Trains Ltd: [2012] EWCA Civ 1470;   [2012] WLR (D)  353

“The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did not fall short of the procedural safeguards required by article 8 of the European Convention.”

WLR Daily, 16th November 2012

Source: www.iclr.co.uk

Prison Law Bulletin – Garden Court Chambers

Posted November 30th, 2012 in elections, human rights, news, prisons by tracey

“The Garden Court Prison Law Team presents the fourth issue of its ‘Prison Law Bulletin’. ”

Issue 4 – 28 November 2012

Garden Court Chambers, 29th November 2012

Source: www.gcprisonlaw.wordpress.com

How Richard O’Dwyer’s love of films led to two-year struggle for liberty – The Guardian

Posted November 29th, 2012 in computer crime, copyright, extradition, human rights, internet, news by sally

“For Richard O’Dwyer, the extradition battle to decide his fate started with a knock on the door of his student room at dawn on a chill November morning in 2010 – and ended almost exactly two years later with a tweet, fresh from court.”

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The Guardian, 28th November 2012

Source: www.guardian.co.uk

Court of Appeal considers whether the Enhanced Criminal Records Certificate regime infringes Article 8 – Panopticon

Posted November 29th, 2012 in appeals, criminal records, disclosure, employment, human rights, news by sally

“This week, the Court of Appeal heard the cases of R (T) v Chief Constable of the Greater Manchester Police and others and R (JB) v the Secretary of State for the Home Department. These are the latest in a series of cases challenging whether the criminal records checks regime is compatible with the Convention. Unlike previous cases, which have concerned the disclosure of “soft information” held on local police computer systems, these cases raise in stark terms the compatibility of s.113B(3)(a) of the Police Act 1997 with Article 8. This requires the disclosure of all convictions, cautions, warnings and reprimands on an Enhanced Criminal Records Certificate (‘ECRC’). In T’s case, his ECRC disclosed a warning he had been given for stealing a bicycle when he was 11. In JB’s case, her ECRC disclosed a caution for shoplifting given eight years before the check.”

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Panopticon, 28th November 2012

Source: www.panopticonblog.com

Dos and don’ts for the bill of rights commission – The Guardian

Posted November 29th, 2012 in consultations, devolution, human rights, news, reports by sally

“The commission’s report on whether the Human Rights Act should be repealed is soon due. What should be avoided?”

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The Guardian, 29th November 2012

Source: www.guardian.co.uk

UK not doing enough to combat human trafficking and domestic slavery – UK Human Rights Blog

Posted November 29th, 2012 in forced labour, human rights, news, trafficking in human beings by sally

“The European Court of Human Rights recently held that the UK was in breach of Article 4 of the European Convention on Human Rights by failing to have specific legislation in place which criminalised domestic slavery.”

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UK Human Rights Blog, 28th November 2012

Source: www.ukhumanrightsblog.com

Have human rights hijacked the language of morals? – and other questions: Laws – UK Human Rights Blog

Posted November 28th, 2012 in human rights, news by sally

“Lord Justice Laws’ Inaugural Lecture at Northumbria University, 1 November 2012.

This is a fascinating and provocative lecture raising important questions about the extent to which the culture of human rights has become the currency of our moral dealings with each other and the State.”

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UK Human Rights Blog, 27th November 2012

Source: www.ukhumanrightsblog.com

Hugely important report due imminently… no, not that one – UK Human Rights Blog

Posted November 28th, 2012 in EC law, human rights, news, reports by sally

“Remember the Commission on a Bill of Rights? You know, the one set up by the Government in the early days of the Coalition to sort out the Human Rights Act? No, not the Leveson Inquiry; that’s about the media (you may have heard that it is reporting tomorrow). CBOR is the one with the eight lawyers, four selected by each of the Coalition partners, a bit like a legal Brady Bunch.”

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UK Human Rights Blog, 28th November 2012

Source: www.ukhumanrightsblog.com

Bamber ‘life term’ appeal starts in European court – BBC News

Posted November 28th, 2012 in appeals, human rights, murder, news, sentencing by sally

“Murderer Jeremy Bamber and two other killers will have their appeal against spending the rest of their lives in prison heard in the European Court of Human Rights later.”

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BBC News, 28th November 2012

Source: www.bbc.co.uk

Mossbourne students and the law: ‘Young people don’t know their rights’ – The Guardian

Posted November 28th, 2012 in human rights, legal education, news, young persons by sally

“Can a better understanding of the law help students in their everyday lives and encourage the idea that anyone can have a successful legal career?”

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The Guardian, 27th November 2012

Source: www.guardian.co.uk