Category: human rights

Sir Leigh Lewis KCB – Prospects for a British Bill of Rights – UCL Constitution Unit

Posted January 28th, 2013 in constitutional law, human rights, news by sally

“The Commission on a Bill of Rights was established in March 2011 and mandated to investigate the creation of a UK Bill of Rights which draws upon current ECHR obligations. On 18 December 2012, the Commission published its report. Seven of the nine committee members advocated the creation of a UK Bill of Rights, while the two dissenting members have voiced concerns that a Bill could be used as a means of decoupling the UK from the ECHR. The Commission’s Chair, Sir Leigh Lewis KCB, will discuss the report’s findings and likely impact.”

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UCL Constitution Unit, 26th January 2013

Source: www.ucl.ac.uk/constitution-unit

Sudanese paedophile cannot be deported over fears he would be ‘persecuted’ in home country – Daily Telegraph

Posted January 28th, 2013 in child abuse, damages, deportation, human rights, immigration, news, sexual offences by sally

“A Sudanese paedophile who was part of a group of immigrants who lured schoolgirls to a house for sex cannot be deported because he is a member of a ‘persecuted tribe’, it was disclosed at the High Court yesterday.”

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Daily Telegraph, 26th January 2013

Source: www.telegraph.co.uk

Monkey on my back – NearlyLegal

Posted January 25th, 2013 in appeals, human rights, landlord & tenant, married persons, news by sally

“Even since McCann v. UK (2008) 47 EHRR 40, a lot of people (around these parts) have been waiting for a case on Article 8 and the rule in Hammersmith v Monk (Hammersmith and Fulham LBC v. Monk [1992] AC 478) to reach the higher Courts. Is the rule that notice by one joint tenant determines the tenancy for both/all compatible with Article 8 (or Protocol 1 Article 1)? Now one case has got to a higher stage. In a somewhat eccentric fashion, the Court of Appeal has given a distinctly forthright view, even if what the Court could actually do with the appeal was, more or less, nothing at all.”

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NearlyLegal, 25th January, 2013

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

Regina (Bushara) v Secretary of State for the Home Department – WLR Daily

Posted January 23rd, 2013 in asylum, civil justice, human rights, immigration, Italy, law reports by sally

Regina (Bushara) v Secretary of State for the Home Department [2012] EWHC 3483 (Admin); [2013] WLR (D) 16

“In assessing whether an individual would be at risk on return to a member state, the fact that the receiving state was itself bound by the same Conventions and Community law as the sending state was to be regarded as obviating the risk unless there was a systemic failure in the receiving state. Unless there had been such a failure, the person was adequately protected: he had his rights against the receiving government and, if necessary, the possibility of recourse to the European Court of Human Rights from the receiving country.”

WLR Daily, 16th January 2013

Source: www.iclr.co.uk

Prisoners win big payouts for parole delays – The Independent

Posted January 21st, 2013 in compensation, delay, freedom of information, human rights, news, parole, prisons by sally

“Murderers, rapists and kidnappers have received compensation totalling hundreds of thousands of pounds from the Government after complaining that delays in their parole hearings breached their human rights.”

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The Independent, 20th January 2013

Source: www.independent.co.uk

Article 8 success in the County Court – NearlyLegal

Posted January 18th, 2013 in housing, human rights, news, proportionality, succession, time limits by sally

“This was a failed succession case where an article 8 proportionality defence was, at least in part successful.”

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NearlyLegal, 17th January 2013

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

Wear What You Like – Garden Court Chambers Blog

Posted January 18th, 2013 in employment, human rights, news, religious discrimination by sally

“Following today’s European Court of Human Rights judgment in Eweida and Others v the United Kingdom, David Renton analyses the how the fine balance between religious freedom and avoiding discrimination can be struck.”

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Garden Court Chambers Blog. 15th January 2013

Source: www.gclaw.wordpress.com

Lillian Ladele is the real loser in Christian discrimination rulings – The Guardian

Posted January 17th, 2013 in employment, human rights, news, registrars, religious discrimination by sally

“It’s good that the ECHR clarified issues about freedom of religion in the UK. But they got it wrong in the case of Ladele.”

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The Guardian, 17th January 2013

Source: www.guardian.co.uk

Balancing Christian and gay rights isn’t easy – give Strasbourg some credit – The Guardian

Posted January 16th, 2013 in Christianity, employment, homosexuality, human rights, news, religious discrimination by sally

“The conclusion reached by the European court of human rights in Christian discrimination cases is no surprise but the principle is difficult to apply.”

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The Guardian, 15th January 2013

Source: www.guardian.co.uk

Strasbourg judgment: Eweida and others v UK – Head of Legal

Posted January 16th, 2013 in airlines, appeals, Christianity, disciplinary procedures, employment, human rights, news, religious discrimination by sally

“Nadia Eweida has succeeded in her claim that the UK breached her right to manifest her religion under article 9 of the European Convention on Human Rights. Readers may remember that she worked for British Airways, and refused to abide by its uniform policy, insisting on wearing a cross visible to customers. By a majority of five to two (the dissenters including the Court’s British former President, Sir Nicolas Bratza), the judges of the European Court of Human Rights found that the English court that dismissed her religious discrimination and human rights claim at national level, the Court of Appeal, gave too much weight to BA’s corporate aims and not enough to Ms Eweida’s desire to manifest her religion by wearing her cross. In consequence, the UK breached its ‘positive obligation’ to protect her right to manifest her religion.”

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Head of Legal, 15th January 2013

Source: www.headoflegal.com

Strasbourg rules against UK on BA crucifix issue, but rejects three other religious rights challenges – UK Human Rights Blog

Posted January 16th, 2013 in airlines, appeals, Christianity, disciplinary procedures, employment, human rights, news, religious discrimination by sally

“The Strasbourg Court has today [15 January] come up with something of a mixed message in relation to religion at work. They have voted that there is a right to manifest individual faith by wearing religious adornments but not by objecting to practices that are protected by anti-discrimination legislation.”

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UK Human Rights Blog, 15th January 2013

Source: www.ukhumanrightsblog.com

Landmark victory for BA employee over right to wear a cross at work – The Guardian

Posted January 16th, 2013 in airlines, appeals, Christianity, disciplinary procedures, employment, human rights, news, religious discrimination by sally

“After seven years of legal appeals and accusations that Christians are being persecuted for their beliefs, the European court of human rights has ruled that a British Airways check-in operator should not have been prevented from wearing a cross at work.”

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The Guardian, 15th January 2013

Source: www.guardian.co.uk

BA worker’s rights were infringed by cross ban, European court rules – The Guardian

Posted January 15th, 2013 in airlines, appeals, Christianity, disciplinary procedures, employment, human rights, news, religious discrimination by sally

“A British Airways check-in worker’s right to express her religion was unfairly restricted when she was prevented from wearing a cross at work, the European court of human rights (ECHR) has ruled.”

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The Guardian, 15th January 2013

Source: www.guardian.co.uk

What has the European Court of Human Rights ever done for us? – The Independent

Posted January 15th, 2013 in appeals, civil justice, courts, criminal justice, human rights, news by sally

“The Court of Human Rights has a bad press in Britain – but for thousands of desperate people it is their last shot at justice.”

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The Independent, 14th January 2013

Source: www.independent.co.uk

Identity of social workers may be published following fostering bungle – UK Human Rights Blog

Posted January 14th, 2013 in anonymity, child abuse, disclosure, fostering, human rights, news, pornography, privacy, public interest, social services by sally

“Bristol City Council v C and others [2012] EWHC 3748 (Fam). This was an application for a reporting restriction order arising out of care proceedings conducted before the Bristol Family Proceedings Court. The proceedings themselves were relatively straightforward but, in the course of the hearing, information came to light which gave rise to concerns of an ‘unusual nature’, which alerted the interest of the press.”

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UK Human Rights Blog, 13th January 2013

Source: www.ukhumanrightsblog.com

In Defence of Rights – London Review of Books

Posted January 9th, 2013 in consultations, human rights, legislation, news by sally

“We [Philippe Sands and Helena Kennedy] were appointed to the Commission on a Bill of Rights in March 2011 by Nick Clegg. The circumstances were not auspicious, and we were concerned from the outset that our composition – all white, almost all male, almost all lawyers and London-based – would undermine our ability to speak with any legitimacy. The Conservatives had come into government committed to tearing up the Human Rights Act, an early product of the previous Labour government seen by many of the new government’s Tory supporters (and some in the media) as little more than a charter for foreign terrorists and local criminals. The Liberal Democrats, on the other hand, strongly supported the Act and the provisions of the European Convention on Human Rights that it introduced into UK law. There were eight members, under the chairmanship of Leigh Lewis, a retired senior civil servant who was hopeful that we might exceed the miserably low expectations of most commentators and come up with something useful.”

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London Review of Books, 3rd January 2013

Source: www.lrb.co.uk

High Court refuses to condemn US drone strikes – UK Human Rights Blog

Posted January 9th, 2013 in armed forces, human rights, intelligence services, international law, judicial review, news by sally

“In this unsuccessful application for permission to apply for judicial review, the Claimant sought to challenge the Defendant’s reported policy of permitting GCHQ employees to pass intelligence to the US for the purposes of drone strikes in Pakistan. The Claimant’s father was killed during such an attack in March 2011.”

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UK Human Rights Blog, 9th January 2013

Source: www.ukhumanrightsblog.com

Bang to human rights – The Lawyer

Posted January 7th, 2013 in human rights, judicial review, legal aid, legislation, news, reports by sally

“On the one hand the former Lord Chancellor Ken Clarke declared London’s courts to be among the best of British exports, while on the other the Ministry of Justice (MoJ) tore up the legal aid budget. Then there was the proposed crackdown on judicial reviews, while the personal injury sector has seen its business model declared dead, with no detail on an alternative forthcoming.”

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The Lawyer, 7th January 2013

Source: www.thelawyer.com

Court of Protection approves arrangements for safeguarding Article 8 rights of detained man – UK Human Rights Blog

Posted January 7th, 2013 in care homes, Court of Protection, detention, human rights, mental health, news by sally

“On 11 December 2012 Mr Justice Mostyn handed down judgment in J Council v GU and others [2012] EWHC 3531 (COP) approving arrangements aimed at safeguarding the Article 8 (private and family life) rights of a 57 year old man detained under the Mental Capacity Act 2005 in a private care home. At seven pages, the judgment was admirably concise.”

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UK Human Rights Blog, 7th January 2013

Source: www.ukhumanrightsblog.com

What lies beneath the Commission on a Bill of Rights report – UK Human Rights report

Posted December 21st, 2012 in constitutional law, devolution, human rights, news, reports by sally

“Don’t be fooled! We have been led to believe there was a two-way split on the government-appointed Bill of Rights Commission, which published its report on Tuesday, but the split was at least three-way. The Commissioners tell us that ‘it [was] not always easy to disentangle in the opinions expressed to [them] what are tactical positions rather than fundamental beliefs’. The same must surely be said of the report’s seven ‘majority’ authors.”

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UK Human Rights Blog, 20th December 2012

Source: www.ukhumanrightsblog.com