Category: human rights

The dangers of data snooping – UK Human Rights Blog

Posted April 10th, 2012 in bills, electronic mail, human rights, internet, investigatory powers, news, privacy by sally

“Civil liberties and the coalition have been happily filling the political pages this week. The damning conclusion of the Joint Committee on Human Rights that there is no evidence to justify expanding closed proceedings (expertly dissected by Rosalind English earlier in the week) vied for column inches with leaks that the Government planned to introduce ‘real time’ monitoring of how we use the internet in the interests of national security.”

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UK Human Rights Blog, 6th April 2012

Source: www.ukhumanrightsblog.com

Vulnerable adults still protected by High Court’s “great safety net” – UK Human Rights Blog

Posted April 10th, 2012 in appeals, human rights, jurisdiction, mental health, news by sally

“Where adults have capacity under the Mental Capacity Act 2005 (MCA 2005), does the ‘great safety net’ of the High Court’s inherent jurisdiction still exist to guard them from the effect on their decision making of undue influence, coercion, duress etc? In its judgment handed down on 28 March 2012, the Court of Appeal confirmed that it does.”

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UK Human Rights Blog, 6th April 2012

Source: www.ukhumanrightsblog.com

Theresa May pledges to end ‘family rights’ bar on deportation – The Guardian

Posted April 10th, 2012 in deportation, families, human rights, immigration, news by sally

“New immigration rules are to be introduced to make it more difficult for foreign criminals to resist deportation by invoking their right to a family life under the European convention on human rights.”

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The Guardian, 8th April 2012

Source: www.guardian.co.uk

Prison Law Bulletin – Garden Court Chambers

Posted April 5th, 2012 in human rights, news, prisons, sentencing by sally

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

Issue 3 – 5 March 2012

Garden Court Chambers, 5th April 2012

Source: www.gcprisonlaw.wordpress.com

Bar Council Calls for Government to Protect Civil Liberties – The Bar Council

Posted April 5th, 2012 in human rights, investigatory powers, news, privilege, public interest by sally

“The Bar Council, which represents barristers in England and Wales, has called for the Government to amend further the Regulation of Investigatory Powers Act 2000 (RIPA) to protect civil liberties and open justice.”

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The Bar Council, 4th April 2012

Source: www.barcouncil.org.uk

Secret trials: ‘explore alternatives’ – Law Society’s Gazette

Posted April 4th, 2012 in civil justice, closed material, disclosure, human rights, media, news, public interest immunity, terrorism by sally

“Government proposals to extend the use of secret hearings in cases where evidence might compromise national security are a radical departure from the UK’s ‘traditions of open justice and fairness’, MPs and peers said today.”

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Law Society’s Gazette, 4th April 2012

Source: www.lawgazette.co.uk

Secret justice: do we have a compromise? – UK Human Rights Blog

Posted April 4th, 2012 in civil justice, closed material, disclosure, human rights, media, news, public interest immunity, terrorism, terrorism prevention & investigation measures by sally

“The Parliamentary Committee on Human Rights has now responded to the Government’s consultation on the proposals set out in their Justice and Security Green Paper Cm 8194. The idea is to extend ‘closed material procedures’ so as to be available in all civil proceedings, i.e. not just in some highly restricted national security contexts such as deportation appeals before SIAC (the Special Immigration Appeals Commission), control orders, and their successor regime known as TPIMs.”

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UK Human Rights Blog, 4th April 2012

Source: www.ukhumanrightsblog.com

Damning verdict on ill-thought-out secret justice proposals – The Guardian

Posted April 4th, 2012 in civil justice, closed material, disclosure, human rights, inquests, media, news, public interest immunity by sally

“Parliament’s joint committee on human rights (JCHR) has produced a unanimous report on the government’s justice and security green paper that is as precise and persuasive as the green paper itself is unfocussed and unconvincing.”

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The Guardian, 4th April 2012

Source: www.guardian.co.uk

Gregg and another v Pigott and others – WLR Daily

Posted April 2nd, 2012 in adoption, human rights, law reports, news, trusts by sally

Gregg and another v Pigott and others [2012] EWHC 732 (Ch); [2012] WLR (D) 104

“The phrase ‘statutory next of kin’ in an English settlement made in 1948 should be construed in such a way as to eliminate discrimination against adopted children by virtue of articles 8 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 29th March 2012

Source: www.iclr.co.uk

Kettling: Can a public interest motive justify a deprivation of liberty or not? – UK Human Rights Blog

Posted April 2nd, 2012 in demonstrations, human rights, news, police, public interest, public order by sally

“The Grand Chamber of the ECtHR recently tackled the question of whether the police tactic of ‘kettling’ (verb, UK, of the police – to contain demonstrators in a confined area) amounted to a deprivation of the liberty of four applicants within the meaning of Article 5(1) of the ECHR.”

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UK Human Rights Blog, 2nd April 2012

Source: www.ukhumanrightsblog.com

No extradition for Shrien Dewani – for now – UK Human Rights Blog

Posted April 2nd, 2012 in domestic violence, extradition, human rights, mental health, murder, news by sally

“The extradition to South Africa of Shrien Dewani, the man accused of murdering his wife on honeymoon there in 2010, has been delayed pending an improvement in his mental health.”

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UK Human Rights Blog, 31st March 2012

Source: www.ukhumanrightsblog.com

Student who abused Fabrice Muamba on Twitter ‘should not have been jailed’ – The Guardian

Posted April 2nd, 2012 in freedom of expression, human rights, internet, media, news, public order, racism, sentencing by sally

“Thomas Hammarberg, the European commissioner for human rights, calls Liam Stacey’s 56-day sentence excessive.”

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The Guardian, 1st April 2012

Source: www.guardian.co.uk

R (King) v Secretary of State for Justice: R (Bourgass and another) v Same – WLR Daily

Posted March 30th, 2012 in disciplinary procedures, human rights, judicial review, law reports, prisons by tracey

R (King) v Secretary of State for Justice: (Bourgass and another) v Same: CA Civ 376;  [2012] WLR (D)  102

“For the purposes of article 6 of the European Convention on Human Rights there was no civil right derived from domestic and common law to associate with fellow prisoners, so that an administrative decision to segregate or continue segregation of a prisoner was not a determination of such a right.”

WLR Daily, 27th Mach 2012

Source: www.iclr.co.uk

Press regulation on a sinking ship – UK Human Rights Blog

Posted March 28th, 2012 in defamation, freedom of expression, human rights, media, news by sally

“It was coincidental that this cricket libel case and Lady Justice Arden’s speech on media intrusion and human rights ‘Striking the Balance’ came out on the same day.”

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UK Human Rights Blog, 28th March 2012

Source: www.ukhumanrightsblog.com

The legal aid bill will enable multinationals to exploit the poor – The Guardian

Posted March 27th, 2012 in bills, civil justice, human rights, news by sally

“Victims of human rights abuses and environmental crimes in developing countries must have access to justice.”

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The Guardian, 26th March 2012

Source: www.guardian.co.uk

UK terror suspects sent into internal exile under control orders – The Guardian

Posted March 26th, 2012 in control orders, human rights, news, terrorism by sally

“More than 20 men suspected of involvement in Islamic terrorism were sent into internal exile across the UK under the now defunct system of ‘preventative’ control orders, a report says.”

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The Guardian, 26th March 2012

Source: www.guardian.co.uk

G v de Visser – WLR Daily

Posted March 21st, 2012 in default judgments, EC law, human rights, internet, law reports, photography, privacy by sally

G v de Visser (Case C-292/10); [2012] WLR (D) 87

“Where it was impossible to locate the whereabouts of a defendant, European Union law did not preclude the issue of judgment by default in circumstances where the document instituting proceedings had been served by public notice under national law, provided that the court seised of the matter had first satisfied itself that all investigations required by the principles of diligence and good faith had been undertaken to trace the defendant.”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

Pregnant Briton wins appeal against extradition to Argentina – The Guardian

Posted March 20th, 2012 in appeals, drug trafficking, extradition, human rights, news by sally

“A pregnant British woman who was arrested on suspicion of smuggling cocaine through a South American airport has won her high court battle against extradition to Argentina on human rights grounds.”

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The Guardian, 20th March 2012

Source: www.guardian.co.uk

Schools ‘illegally excluding pupils’ – BBC News

Posted March 19th, 2012 in appeals, human rights, inquiries, news, school exclusions by sally

“Some schools in England are illegally excluding pupils, sometimes permanently, without going through the full formal process, a report says.”

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BBC News, 19th March 2012

Source: www.bbc.co.uk

GP’s rights not violated by suspension from performers list – UK Human Rights Blog

Posted March 16th, 2012 in doctors, human rights, news by tracey

“The European Court of Human Rights held that the suspension of a GP from the Primary Care Trust (PCT) Performers List did not violate his right to peaceful enjoyment of possessions under Article 1 Protocol 1 (A1P1) of the European Convention on Human Rights. The Court declined to decide whether there was a possession that could be interfered with in this case, but held that suspension did not affect Dr Malik.”

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UK Human Rights Blog, 15th March 2012

Source: www.ukhumanrightsblog.com