Public Order Bill: Peers defeat plans to curb protest disruption – BBC News
‘The House of Lords has overturned plans to clamp down on protest marches that cause too much disruption.’
BBC News, 7th February 2023
Source: www.bbc.co.uk
Category: human rights
Daniella Lock: UK Government Assessments of Risk to Refugees and ECHR Constraints on UK Immigration Policy in the Rwanda Ruling – UK Constitutional Law Association
‘This post examines the High Court’s December ruling on the lawfulness of the UK Government’s Rwanda scheme. The Rwanda scheme allows people to be removed to Rwanda to have their asylum claims determined, where that claim is considered inadmissible in the UK. The lawfulness of the scheme partly turned on its compatibility with the UK’s obligations under the UN Refugee Convention and the European Convention on Human Rights (ECHR) by reference to whether, as asserted by the UK Government, refugees deported under the scheme would face a real risk of mistreatment (contrary to Article 3 and the Refugee Convention). The ruling therefore provides an important lens through which to examine Government assessments of the risks faced by refugees as part of its immigration policy and the ECHR constraints on such policies. This is a timely issue in light of recent reports that the Prime Minister is considering proposals for the UK to withdraw from membership of the ECHR should it constrain the Government in its immigration plans.’
UK Constitutional Law Association, 7th February 2023
Source: ukconstitutionallaw.org
Mobile phones and deprivations of liberty – Local Government Lawyer
‘Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting a High Court judge recently. Whilst his analysis concerned the position of a 16 year old, his conclusions apply equally to adults, writes Alex Ruck Keene KC (Hon).’
Local Government Lawyer, 31st January 2023
Source: www.localgovernmentlawyer.co.uk
Bill of Rights: Call to scrap plans to rewrite human rights law – BBC News
‘Plans to rewrite UK human rights law would “damage people’s ability to enforce their rights” inside and outside court, MPs and peers say.’
BBC News, 25th January 2023
Source: www.bbc.co.uk
Mother wins legal battle over tribunal’s refusal to say why son’s killer was discharged from hospital – The Guardian
‘A woman has won a legal battle against a mental health tribunal over its refusal to provide her with the the reasons for releasing her son’s killer into the community.’
The Guardian, 25th January 2023
Source: www.theguardian.com
Human Rights in the UK Are in Crisis According to New Report – Each Other
‘Over 70 organisations from across civil society in England and Wales have provided evidence for a new report to the UN on the UK’s human rights record. The report concludes that rights in the UK – including everyday rights such as to food, housing, social security, work, trade unions, health and education – are in crisis.’
Each Other, 17th January 2023
Source: eachother.org.uk
Rights of excusal from relationships and sexuality education – Local Government Lawyer
‘Clíodhna Kelleher considers a recent High Court judgment that there was no parental right to withdraw children from relationships and sexuality education.’
Local Government Lawyer, 13th January 2023
Source: www.localgovernmentlawyer.co.uk
New plans to widen police powers for disruptive protests – BBC News
‘Police could be allowed to shut down protests before they cause serious disruption, under new government plans.’
BBC News, 15th January 2023
Source: www.bbc.co.uk
The Government Accepts Recommendations To Protect Human Rights In Care Settings – Each Other
‘The government has accepted recommendations made by the Joint Committee on Human Rights (JCHR) on protecting human rights in health and social care settings. A formal response has been published following concerns about the protection of human rights in care settings which include the right to life (Article 2) and the right to be free from torture and degrading treatment (Article 3).’
Each Other, 10th January 2023
Source: eachother.org.uk
Cases of the Year: 2022 – UK Human Rights Blog
‘The year passed was, unsurprisingly, another year of tumult and surprise, something that by now registers as the norm rather than an aberration. Even so, 2022 must be a standout year – even by recent standards. From Russia’s invasion of Ukraine to the death of Queen Elizabeth II, the collapse of two consecutive Tory governments, dramatic election results around the world from Israel to Brazil, and in the run up to the festive season a football World Cup as mired in human rights controversy as in any sporting event can be, 2022 was not a quiet year.’
UK Human Rights Blog, 5th January 2023
Source: ukhumanrightsblog.com
What Is In Store For Human Rights In 2023? – Each Other
‘2022 may be remembered as one of the more turbulent years for human rights in the UK. Now, we look ahead at what might be in store for our rights in 2023.’
Each Other, 4th January 2023
Source: eachother.org.uk
Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules breaches Article 14 of the ECHR – EIN Blog
‘In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules, and the differential treatment between victims of spousal abandonment inside and outside the UK is not justified and therefore breaches of Article 14 of the ECHR and the Human Rights Act 1998. The fact that the rules protected victims of spousal abandonment if they were present in the UK when they were abandoned, but not if they were outside the UK having been tricked or coerced by their abusive spouse, severely impacted the article 8 rights of the latter victims and could not be justified by the SSHD. AM, the claimant was a national of Pakistan born in 1991. In 2017 she married IM, a British citizen, and she arrived in the UK in December 2017 on a spouse visa valid until August 2020. In December 2018 she gave birth to a daughter. She was subjected to very severe financial, physical, emotional and sexual domestic abuse and, sitting in the Family Division of the High Court, Theis J made findings of very serious domestic abuse against the father. The violence inflicted by IM on AM had resulted in severe and long-lasting physical harm including the removal of one of her ovaries and also a diagnosis of achalasia type 2, which resulted in a weight loss of over 30 kilos.’
EIN Blog, 3rd January 2023
Source: www.ein.org.uk
Divisional Court upholds Government’s Rwanda policy – an extended look – UK Human Rights Blog
‘On 14th April of this year, the then-Prime Minister, Boris Johnson, announced a new ‘Migration and Economic Development Partnership’ between the UK Government and the Government of Rwanda to enable the removal of certain persons to who enter the UK to claim asylum (particularly those who arrive in small boats crossing the English Channel) to Rwanda, where – if their claims succeeded – they would be resettled.’
UK Human Rights Blog, 20th December 2022
Source: ukhumanrightsblog.com
Rwanda Policy Ruled Lawful But ‘Awful’ – Each Other
‘The High Court has ruled that the government’s ‘awful‘ Rwanda policy is lawful. This follows an intervention from the European Court of Human Rights, which in a last-minute ruling stopped any flights under the scheme until the UK’s domestic courts could determine if it was legal. While the policy was ruled legal, eight individual cases will be determined separately and another hearing could be launched in 2023 if an appeal is made.’
Each Other, 20th December 2022
Source: eachother.org.uk
Permacrisis in Public Law? With Sir Jonathan Jones KCB KC – Law Pod UK
‘Emma-Louise Fenelon speaks with Jonathan Jones about recent developments in UK public law and the Constitution. The discussion covers recent political turbulence, the Union, the Northern Ireland Protocol, Judicial Review reforms, Human Rights Act reforms and standards and ethics in public life.’
Law Pod UK, 12th December 2022
Source: audioboom.com
Prof Brice Dickson: The UK’s Engagement With International Human Rights Monitoring Mechanisms – UK Human Rights Blog
‘On 10 November 2022 the UN Human Rights Council conducted its fourth Universal Periodic Review of the UK’s compliance with international human rights standards. The Council’s report was adopted just six days later and contained no fewer than 302 recommendations from other States on how the UK could improve its human rights record. That figure is up from 227 in 2017. For early accounts of the review meeting see the pieces by Marcial Boo and Robert Booth.’
UK Human Rights Blog, 5th December 2022
Source: ukhumanrightsblog.com
Woman with Down’s syndrome loses abortion law appeal – BBC News
‘A woman with Down’s syndrome has lost her appeal over a law that allows abortion up until birth for a foetus with the condition.’
BBC News, 25th November 2022
Source: www.bbc.co.uk
The beginning of a pushback against Article 2 inquests? – UK Human Rights Blog
‘In R (Morahan) v HM Assistant Coroner for West London [2022] EWCA Civ 1410, the Court of Appeal robustly rejected a challenge to the earlier decision of the Divisional Court that Article 2 did not apply to drug related death of a voluntarily admitted psychiatric patient.’
UK Human Rights Blog, 24th November 2022
Source: ukhumanrightsblog.com
Saba Shakil: Bridging the gap between remedial reform and judicial practice: A study of challenges to delegated legislation – UK Constitutional Law Associaton
‘The resurrected Bill of Rights Bill (BoRB) shows that the government is continuing to grasp at the wrong end of the remedies stick – and it will continue to do so until it pays attention to the evidence. ‘
UK Constitutional Law Association, 24th November 2022
Source: ukconstitutionallaw.org
