Category: human rights

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.”

Full story

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.”

Full story

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 sally

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 sally

“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.”

Full story

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.”

Full story

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?”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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?”

Full story

The Guardian, 27th November 2012

Source: www.guardian.co.uk

Update on Freedom of Information – 11 KBW

Posted November 27th, 2012 in data protection, electronic mail, freedom of information, human rights, news, public interest by sally

“This paper focuses on developments in the case law concerning freedom of information over roughly the last 12 months. The number of cases concerning freedom of information being decided has continued to grow at an exponential rate (in part due to successful efforts by the Information Commissioner (‘the IC’) to get on top of the case backlog faced by his office). The Information Rights Tribunal (‘the Tribunal’) website contains the outcomes of over 220 appeals since the beginning of 2012 alone – and the vast majority of these are substantive decisions. There have also been seven Upper Tribunal (‘UT’) decisions, and one decision each from the Court of Appeal and the Supreme Court.”

Full story (PDF)

11 KBW, 20th November 2012

Source: www.11kbw.com

Secret Courts remixed: any better than the original? – UK Human Rights Blog

Posted November 27th, 2012 in bills, closed material, human rights, news, private hearings by sally

“This coming Wednesday sees the end of the first stage of the Justice and Security Bill’s passage into law. The Bill which would introduce Closed Material Procedures (CMP) – where one side of a case is excluded with his legal team and represented by a security cleared special advocate in cases involving national security – has become widely known as the Secret Courts Bill. Its progress has been closely scrutinised in this blog over the past six months.”

Full story

UK Human Rights Blog, 26th November 2012

Source: www.ukhumanrightsblog.com

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another – WLR Daily

Posted November 23rd, 2012 in bail, deportation, disclosure, human rights, judicial review, law reports by sally

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another: [2012] EWCA Civ 1499;   [2012] WLR (D)  334

“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”

WLR Daily, 19th November 2012

Source: www.iclr.co.uk

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Stapleton – WLR Daily

Posted November 23rd, 2012 in appeals, human rights, imprisonment, law reports, murder, rape, sentencing by sally

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Simmons; Regina v Stapleton: [2012] EWCA Crim 2435;   [2012] WLR (D)  338

“The provisions of Schedule 21 to the Criminal Justice Act 2003, which enabled the court in a case of exceptional seriousness to sentence an offender to life imprisonment with a whole life term as the specified minimum sentence, were not incompatible with and did not contravene article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms provided the judge specifying the minimum term was satisfied that, taking into account all the aggravating and mitigating factors, the element of just punishment and retribution required the imposition of a whole life order.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

“Murder most foul”: whole life imprisonment not a human rights breach – UK Human Rights Blog

Posted November 23rd, 2012 in human rights, murder, news, rape, sentencing by sally

“Oakes and others v R [2012] EWCA Crim 2435 – the imposition of whole life orders for extremely serious crimes does not violate the prohibition on inhuman and degrading treatment under Article 3.”

Full story

UK Human Rights Blog, 22nd November 2012

Sooure: www.ukhumanrightsblog.com

Prisoner voting rights – Ministry of Justice

Posted November 23rd, 2012 in bills, elections, human rights, prisons by sally

“Draft proposals to ensure that laws on prisoner voting comply with the UK’s international legal obligations were outlined by Justice Secretary Chris Grayling today.”

Voting Eligibility (Prisoners) Draft Bill

Ministry of Justice, 22nd November 2012

Source: www.justice.gov.uk

Prisoner votes: government is playing for more time – The Guardian

Posted November 23rd, 2012 in elections, human rights, news, prisons by sally

“On the face of it, the government is respecting the rule of law but it is unattractive to knowingly put forward proposals that breach human rights.”

Full story

The Guardian, 22nd November 2012

Source: www.guardian.co.uk