Prisoners to launch legal action on voting rights – The Guardian

Posted October 29th, 2012 in compensation, elections, human rights, news, prisons by sally

“Prisoners denied the right to vote are to start legal proceedings for compensation immediately in wake of the declaration by David Cameron that he will not change the law despite a ruling by the European court of human rights and the views of his senior law officer Dominic Grieve.”

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The Guardian, 28th October 2012

Source: www.guardian.co.uk

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

Posted October 26th, 2012 in deportation, human rights, immigration, judicial review, law reports by tracey

Regina (George) v Secretary of State for the Home Department: [2012] EWCA Civ 1362; [2012] WLR (D) 290

“The making of a deportation order automatically invalidated a grant of indefinite leave to remain. Revocation of the deportation order would revive the indefinite leave to remain, but in the case of a foreign criminal who could not be deported for legal reasons, the Secretary of State had power to revoke leave under section 76 of the Nationality, Asylum and Immigration Act 2002.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Mohan v Secretary of State for the Home Department – WLR Daily

Posted October 26th, 2012 in children, deportation, human rights, immigration, law reports, public interest by tracey

Mohan v Secretary of State for the Home Department: [2012] EWCA Civ 1363; [2012] WLR (D) 291

“The Court of Appeal adopted and endorsed guidance given by the Upper Tribunal (Immigration and Asylum Chamber) on the approach to be taken where the automatic deportation procedure under section 32 of the UK Borders Act 2007 arose in the context of a claim under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which was also under consideration in family proceedings.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Recall of prisoner on home curfew did not breach right to liberty – UK Human Rights Blog

Posted October 26th, 2012 in detention, freedom of movement, human rights, news, release on licence by tracey

“Whiston, R (on the application of) v Secretary of State for Justice – when a prisoner is recalled from home detention curfew he does not suffer a fresh deprivation of liberty so as to engage Article 5(4) of the Convention.”

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UK Human Rights Blog, 25th October 2012

Source: www.ukhumanrightsblog.com

Why does the notion of human rights get such a bad press in Britain? – The Independent

Posted October 26th, 2012 in human rights, judges, news by tracey

“The jurisdiction of the European Court of Human Rights runs in 47 countries, but it is criticised most overtly and regularly in Britain. The outgoing president asks why.”

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The Independent, 24th October 2012

Source: www.independent.co.uk

More shenanigans on prisoner votes – UK Human Rights Blog

Posted October 25th, 2012 in elections, human rights, news, prisons by sally

“The Government has until 22 November to put forth legislative proposals in order to comply with the court’s rulings on prisoner votes.”

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UK Human Rights Blog, 25th October 2012

Source: www.ukhumanrightsblog.com

Why saving the Human Rights Act will be good for your health – UK Human Rights Blog

Posted October 25th, 2012 in bills, health, human rights, legislation, news by sally

“Debate about whether the Human Rights Act (HRA) might be replaced by a new UK Bill of Rights often dwells on the potential loss, or at least weakening, of the legal route to accountability and redress for victims of human rights violations. An event next month in Liverpool reminds us how much more might be lost if the HRA were to be scrapped or watered down. In particular, it highlights the significance of section 6 of the Act, which requires all public authorities to act in a way which is compatible with European Convention rights unless primary legislation requires them to act otherwise.”

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UK Human Rights Blog, 24th October 2012

Source: www.ukhumanrightsblog.com

Prisoner votes row will lose the government respect – The Guardian

Posted October 25th, 2012 in attorney general, elections, human rights, news, prisons by sally

“Cameron’s depressing announcement means the UK’s reputation will suffer – and it was a snub to his attorney general.”

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The Guardian, 24th October 2012

Source: www.guardian.co.uk

Blow to Sarah’s Law as judges rule paedophiles’ human rights should be considered – Daily Telegraph

Posted October 25th, 2012 in criminal records, disclosure, human rights, judgments, news, sexual offences by sally

“A High Court ruling said paedophiles should be allowed to make representations before their details are revealed to members of the public.”

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Daily Telegraph, 24th October 2012

Source: www.telegraph.co.uk

Disclosure of sex offender information – new high court judgment – Panopticon

Posted October 25th, 2012 in criminal records, disclosure, human rights, judgments, news, sexual offences by sally

“The High Court has today handed down an important judgment on the legality of the Government’s Child Sex Offender Disclosure Scheme (CSOD): X(South Yorkshire) v Secretary of State for the Home Department [2012] EWHC 2954 (Admin). CSOD is a non statutory scheme which police forces nationally have been free to adopt since 2010. It enables members of the public to ask the police to provide details of a person who has some form of contact with children with a view to ascertaining whether that person had convictions for sexual offences against children or whether there is other relevant information about him or her which ought to be made available.”

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Panopticon, 24th October 2012

Source: www.panopticonblog.com

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same – WLR Daily

Posted October 24th, 2012 in asylum, human rights, judicial review, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same [2012] EWCA Civ 1336; [2012] WLR (D) 282

“Persons who had sought, or been granted, asylum in Italy but had since come to the United Kingdom could not resist return to Italy on the ground that they faced inhuman or degrading treatment there unless it could be shown that there was a systemic deficiency in the system of refugee protection in that country. Short of such evidence, in respect of which the view of the United Nations High Commissioner for Refugees (‘UNHCR’) was pre-eminent, even powerful evidence of individual risk was of no avail.”

WLR Daily, 17th October 2012

Source: www.iclr.co.uk

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same

Posted October 23rd, 2012 in appeals, armed forces, human rights, law reports, negligence, treaties by sally

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same [2012] EWCA Civ 1365; [2012] WLR (D) 281

“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”

WLR Daily, 19th October 2012

Source: www.iclr.co.uk

The thorny issue of religious belief and discrimination law (again) – UK Human Rights Blog

Posted October 22nd, 2012 in Christianity, hotels, human rights, news, sexual orientation discrimination by sally

“The Christian owner of a B&B in Berkshire was found to have discriminated against a gay couple by refusing to allow them stay in a double-bedded room because of her belief that all sexual activity outside of marriage is wrong.”

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UK Human Rights Blog, 20th October 2012

Source: www.ukhumanrightsblog.com

Sir Nicolas Bratza defends European court of human rights – The Guardian

Posted October 22nd, 2012 in human rights, judges, media, news by sally

“Outgoing president describes some criticism as ‘beyond pale’ and reminds states they are primary protectors of human rights.”

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The Guardian, 21st October 2012

Source: www.guardian.co.uk

MoD Iraq ‘negligence’ claim ruling due – BBC News

Posted October 19th, 2012 in armed forces, duty of care, human rights, negligence, news by sally

“The families of four UK soldiers killed in Iraq are to find out later whether they can sue the Ministry of Defence.”

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BBC News, 19th October 2012

Source: www.bbc.co.uk

Gary McKinnon’s ordeal is over – now put a stop to all needless extraditions – The Guardian

Posted October 19th, 2012 in computer crime, extradition, human rights, mental health, news by sally

“Theresa May is to be congratulated for halting McKinnon’s extradition, but she must legislate to prevent future injustice.”

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The Guardian, 18th October 2012

Source: www.guardian.co.uk

Prisoners should get vote says human rights chief Baroness O’Neill – Daily Telegraph

Posted October 19th, 2012 in elections, human rights, news, prisons, rehabilitation by sally

“Prisoners should be given the right to vote in an attempt to help them reintegrate into society, the newly appointed chair of the human rights watchdog has said.”

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Daily Telegraph, 19th October 2012

Source: www.telegraph.co.uk

Dignity, Death and Deprivation of Liberty: Human Rights in the Court of Protection – The Guardian

Posted October 18th, 2012 in assisted suicide, Court of Protection, euthanasia, human rights, news by sally

“Wednesday’s debate on current key topics in the Court of Protection was a hard-hitting discussion on matters which elicit strong views, such as voluntary euthanasia, assisted suicide, the role of ‘dignity’ and ‘sanctity of life’, and whether the latter two principles can ever be reconciled.”

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The Guardian, 12th October 2012

Source: www.guardian.co.uk

Extraordinary rendition, forced labour, and evidence obtained by torture – UK Human Rights Blog

Posted October 18th, 2012 in evidence, forced labour, human rights, news, rendition, torture by sally

“There are three cases, among the many decided by the Court in the past few weeks, which I would like to highlight. They deal with testimony potentially obtained through torture, forced labour and extraordinary rendition respectively.”

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UK Human Rights Blog, 16th October 2012

Source: www.ukhumanrightsblog.com

Barry George fights for compensation for Jill Dando murder conviction – Daily Telegraph

Posted October 17th, 2012 in appeals, compensation, evidence, human rights, miscarriage of justice, murder, news by tracey

Barry George, who spent eight years in prison after being wrongly convicted of the murder of the TV presenter Jill Dando, today launched a test case bid to overturn a ‘defective’ decision denying him compensation.”

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Daily Telegraph, 17th October 2012

Source: www.telegraph.co.uk