Category: human rights

Article 1 of Protocol 1 of the European Convention on Human Rights: Taxation – 11 KBW

Posted March 6th, 2012 in human rights, news, taxation by sally

“Article 1 of Protocol 1 (A1P1) of the European Convention on Human Rights (‘the Convention’) states that:

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”

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11 KBW, 2nd March 2012

Source: www.11kbw.com

UK bill of rights commission should open up – The Guardian

Posted March 6th, 2012 in constitutional reform, human rights, news by sally

“Things have been quiet recently on the commission on a bill of rights front, with media attention focused on the upcoming Brighton conference on European court of human rights reform and the growing controversy over the justice and security green paper. But this important commission only has 10 months left to publish its report, and it should be courting public attention, not avoiding it.”

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The Guardian, 5th March 2012

Source: www.guardian.co.uk

Sex offenders can be removed from register – The Independent

Posted March 6th, 2012 in criminal records, human rights, news, sexual offences by sally

“Paedophiles and rapists will be eligible to have their names removed from the sex offenders’ register after 15 years under plans announced yesterday by the Home Office.”

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The Independent, 6th March 2012

Source: www.independent.co.uk

Treatment of elderly amounts to torture, says equality watchdog – Daily Telegraph

Posted March 6th, 2012 in civil partnerships, elderly, human rights, news, reports, torture, travellers by sally

“The treatment of elderly people in care is now so bad that it meets the legal definition of torture, the Government’s human rights watchdog said on Monday.”

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Daily Telegraph, 5th March 2012

Source: www.telegraph.co.uk

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy – WLR daily

Posted March 2nd, 2012 in conflict of laws, debts, default judgments, enforcement, foreign jurisdictions, human rights, law reports by tracey

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy: [2012] EWCA Civ 196;  [2012] WLR (D)  51

“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Tinkering with the powers of the human rights court could be dangerous – The Guardian

Posted March 1st, 2012 in constitutional reform, courts, human rights, news by tracey

“How best to protect human rights across Europe? Governments will meet in Brighton next month to consider the future of the European court of human rights. The UK chairs the Council of Europe, and it has just published its proposals for reforming the court in a document called the Brighton Declaration.”

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The Guardian, 1st March 2012

Source: www.guardian.co.uk

The democratic legitimacy of human rights – UK Human Rights Blog

Posted February 29th, 2012 in constitutional law, human rights, judiciary, news by tracey

“Why should we bother with the European Convention on Human Rights? Many of those that would never contemplate leaving the ECHR still question whether we should abide by controversial decisions such as those on prisoners’ voting rights or deportation. UCL’s Professor Richard Bellamy attempted to answer this question at the Statute Law Society’s talk on Monday evening. He said that the UK should abide by the ECHR, which gains its legitimacy by being the best way for democratic states regulate their relationships and protect their citizens’ rights.”

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Source: www.ukhumanrightsblog.com

Leaked proposals set out Britain’s tough line towards Strasbourg – The Guardian

Posted February 28th, 2012 in courts, human rights, news, treaties by tracey

The UK’s plans to water down the human rights convention have emerged as a key element of the Council of Europe summit that Britain is hosting at Brighton in April. Although the government has refused to publish the draft declaration it circulated last Thursday to the other 46 states that are signed up to the European court of human rights, a leaked French text makes it clear that the UK wants more cases decided at national level and fewer embarrassing rulings from Strasbourg.”

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The Guardian, 28th February 2012

Source: www.guardian.co.uk

City of London v Samede and others – WLR Daily

Posted February 24th, 2012 in appeals, demonstrations, freedom of expression, human rights, injunctions, law reports by tracey

City of London v Samede and others: [2012] EWCA Civ 160;  [2012] WLR (D)  41

“While it could be appropriate for the court to take into account the general character of the views whose expression the Convention on Human Rights was being invoked to protect, namely the article 10 (freedom of expression) and article 11 (freedom of assembly) rights of demonstrators on the public highway, it was very difficult to see how those rights could ever prevail against the will of the landowner when the demonstrators were continuously and exclusively occupying public land, breaching not just the owner’s property rights and certain statutory provisions, but significantly interfering with the public and Convention rights of others, and causing other problems connected with health, nuisance and the like, especially in circumstances where the occupation had already continued for months and was likely to continue indefinitely.”

WLR Daily, 22nd February 2012

Source: www.iclr.co.uk

Abu Qatada case: Judge details landlord’s privacy order – BBC News

Posted February 24th, 2012 in anonymity, human rights, injunctions, media, news, privacy by tracey

“A High Court judge has revealed why radical cleric Abu Qatada’s landlord was given anonymity after he was repeatedly contacted by journalists.”

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BBC News, 23rd February 2012

Source: www.bbc.co.uk

Poor not singled out by rise in university fees, rules court – UK Human Rights Blog

Posted February 23rd, 2012 in fees, human rights, judicial review, news, universities by sally

“This judgment, the latest in an expanding list of decisions on challenges to the Coalition government’s spending cuts, is an interesting example of judicial restraint and deference to the government on issues of macro-policy, at a time when the extent of judicial intervention into political decision-making is the subject of much debate in the legal profession and academia, thanks to Lord Sumption’s FA Mann Lecture on the subject late last year and its recent rebuttal by Sir Stephen Sedley.”

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UK Human Rights Blog, 22nd February 2012

Source: www.ukhumanrightsblog.com

Teenage students lose high court battle to overturn tuition fees rise – Daily Telegraph

Posted February 17th, 2012 in equality, fees, human rights, judicial review, news, universities by sally

“Two students, Callum Hurley and Katy Moore, have failed in their High Court attempt to overturn the Government’s decision to allow universities to almost treble tuition fees.”

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Daily Telegraph, 17th February 2012

Source: www.telegraph.co.uk

Abu Qatada could be deported if UK can get guarantees on torture evidence – The Guardian

Posted February 17th, 2012 in deportation, detention, human rights, news, terrorism, torture by sally

“The Islamist preacher Abu Qatada could be deported to Jordan if Strasbourg is given ‘watertight guarantees’ he will not be tried on evidence extracted under torture, Europe’s most senior human rights official has signalled.”

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The Guardian, 16th February 2012

Source: www.guardian.co.uk

Tuition fees ruling could question legality of university charges – The Guardian

Posted February 17th, 2012 in education, equality, fees, human rights, judicial review, news, universities by sally

“The high court is to rule on whether ministers acted legally in allowing universities to charge tuition fees of up to £9,000 a year from this autumn.”

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The Guardian, 17th February 2012

Source: www.guardian.co.uk

What Rights, Enforced Where? – Hardwicke Chambers

Posted February 16th, 2012 in courts, human rights, news by sally

“Two easy answers are offered by those who object to a rights based approach to legal decision making – repeal the Human Rights Act and remove the right of individual petition to the European Court of Human Rights. Neither of those things will happen. Therefore much effort is being expended on finding more complicated ways to satisfy their concerns.”

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Hardwicke Chambers, 15th February 2012

Source: www.hardwicke.co.uk

Article 8 challenge to enhanced criminal records regime fails at first instance – Robin Hopkins – UK Human Rights Blog

Posted February 16th, 2012 in criminal records, human rights, news by sally

“In July 2002, the Claimant was 11 years old. He received a warning (a private procedure, under the Crime and Disorder Act 1998) from Greater Manchester Police for the theft of two bicycles. His subsequent conduct was apparently exemplary. By section 113B of the Police Act 1997, Enhanced Criminal Record Certificates (ECRCs) must contain all convictions, cautions and warnings.”

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UK Human Rights Blog, 16th February 2012

Source: www.ukhumanrightsblog.com

The Power of Prayer or the Power to Pray – Hardwicke Chambers

Posted February 16th, 2012 in belief discrimination, Christianity, Church of England, human rights, local government, news by sally

“Bideford Town Council is a parish council in Devon. Each month it holds full council meetings in public. At the start of each meeting there are communal prayers. Prayers are deliberately placed before apologies so that those who do not wish to attend are not marked as absent and can attend after prayers. The prayers are always Christian, led by a Minister from one of the town’s eight Christian Churches. A motion to end prayers was proposed by Mr Bone, a member of the council, and twice defeated, once by 9 votes to 6.”

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Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

Foreign sex offender finally deported after human rights battle – Daily Telegraph

Posted February 16th, 2012 in deportation, human rights, news, recidivists by sally

“A foreign sex offender, Mohamed Kendeh, who was allowed to remain in the UK to protect his human rights despite attacking 11 women has finally been deported, almost nine years after committing his first offence.”

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Daily Telegraph, 16th February 2012

Source: www.telegraph.co.uk

Does a risk of an explosion engage Article 8? – UK Human Rights Blog

Posted February 15th, 2012 in environmental health, environmental protection, evidence, health & safety, human rights, news by sally

“This Strasbourg decision is the end of a long saga. Our applicants Hardy and Maile lived near proposed Liquified Natural Gas terminals at Milford Haven. In 2003 and 2004, an oil refiner obtained various consents to enable the LNG to be imported, and the applicants challenged them in the domestic courts. But the image, and the identity of its participants, will tell you that the LNG started to arrive. But Alison Hardy and Rodney Maile were not easily deflected, and after a long battle through the domestic courts ended up in the Strasbourg Court.”

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UK Human Rights Blog, 15th February 2012

Source: www.ukhumanrightsblog.com

Preddy and another v Bull and another – WLR Daily

Posted February 14th, 2012 in appeals, hotels, human rights, jurisdiction, law reports, sexual orientation discrimination by sally

Preddy and another v Bull and another [2012] EWCA Civ 83; [2012] WLR (D) 30

“By operating a policy of restricting occupancy of double-bedded rooms in their hotel to married couples, the defendants had discriminated directly against the claimant, a homosexual couple. The defendants’ policy, dictated by their religious belief that it was sinful for heterosexual or homosexual couples to have sexual relations outside marriage, was not protected under the Equality Act (Sexual Orientation) Regulations 2007 because the former could be married but the latter could not. The restriction was therefore absolute in relation to homosexuals but not in relation to heterosexuals, and constituted discrimination on grounds of sexual orientation. No individual was entitled to manifest his religious belief when and where he chose so as to obtain exemption in all circumstances from some legislative provisions of general application. Furthermore, by virtue of article 9(2 ) of the Convention for the Protection of Human Rights and Fundamental Freedoms, the right to manifest one’s own religious belief, as opposed to the right to hold it, was qualified by such ‘limitations as are prescribed by law and are necessary in a democratic society … for the protection of the rights and freedoms of others’ such as the claimants’ rights which were protected under the Equality Act (Sexual Orientation) Regulations 2007.”

WLR Daily, 10th February 2012

Source: www.iclr.co.uk