“The Court of Appeal has ruled that there is no ‘near miss’ principle in the application of the Immigration Rules. People who miss the five years’ continuous residence requirement – even if by two weeks – will not have met the rules. There is no exception.”
UK Human Rights Blog, 14th March 2012
Source: www.ukhumanrightsblog.com
“Proposals to charge claimants for taking their cases to the European court of human rights (ECHR) have triggered an international row over the United Kingdom’s programme for reforming the Strasbourg court.”
The Guardian, 13th March 2012
Source: www.guardian.co.uk
“The European Court of Human Rights is not ‘interfering’ with the justice system in the UK, its president says.”
BBC News, 13th March 2012
Source: www.bbc.co.uk
“It’s a busy week for the debate on human rights reform. Today at 2:15pm, the Joint Committee on Human Rights will question the UK judge and current President of the European Court of Human Rights, Sir Nicholas Bratza. Sir Nicholas returns to the UK in a hailstorm of UK reporting – accurate and inaccurate – on the perceived failings of the Strasbourg Court and its judges.”
UK Human Rights Blog, 13th March 2012
Source: www.ukhumanrightsblog.com
Miah and others v Secretary of State for the Home Department [2012] EWCA Civ 261; [2012] WLR (D) 68
“There was no ‘near-miss’ principle in relation to immigration policy such that there was no presumption that those falling just outside the policy should be treated as though they were within it or given special consideration for that reason.”
WLR Daily, 7th March 2012
Source: www.iclr.co.uk
“Christians do not have a right to wear a cross or crucifix openly at work, the Government is to argue in a landmark court case.”
Daily Telegraph, 10th March 2012
Source: www.telegraph.co.uk
“A man branded a war criminal by a judge has been allowed to stay in Britain because of his human rights.”
Daily Telegraph, 11th March 2012
Source: www.telegraph.co.uk
“Although not a ‘supreme law bill of rights’, the Human Rights Act 1998 is a significant constraint upon the political-legislative process. In this post, I argue that the extent of that constraint would likely diminish were the draft Brighton Declaration implemented in its present form.”
UK Human Rights Blog, 9th March 2012
Source: www.ukhumanrightsblog.com
“The UK’s next judge on the European court of human rights (ECtHR) will be elected from a shortlist of candidates including a prominent human rights lawyer, a commercial barrister and a Strasbourg veteran.”
The Guardian, 8th March 2012
Source: www.guardian.co.uk
“After the end of national service in the early 1960s, the creation of a volunteer armed forces led to the issue of conscientious objection in Britain being largely relegated to the annals of history. However, a freedom of information request by The Independent revealed that since 1999 there have been 21 applications from members of the armed forces for discharge on the grounds of conscientious objection.”
Halsbury’s Law Exchange, 7th March 2012
Source: www.halsburyslawexchange.co.uk
“The Commission today publishes a landmark review of how well public authorities deliver human rights protection and promotion in England and Wales. It is the second report in the ‘How Fair is Britain?’ series.”
Equality and Human Rights Commission, 5th March 2012
Source: www.equalityhumanrights.com
Related link: Human Rights Review 2012
“Much of the criticism directed toward the European Court of Human Rights over the last year or so, in this country at least, has been that it is too ready to overrule decisions made by the competent United Kingdom national authorities. It is said that British courts have already addressed the relevant human rights arguments under the Human Rights Act, so it is quite wrong that Strasbourg should now ‘overrule’ them.”
UK Human Rights Blog, 6th March 2012
Source: www.ukhumanrightsblog.com
“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.”
Full story (PDF)
11 KBW, 2nd March 2012
Source: www.11kbw.com
“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.”
The Guardian, 5th March 2012
Source: www.guardian.co.uk
“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.”
The Independent, 6th March 2012
Source: www.independent.co.uk
“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.”
Daily Telegraph, 5th March 2012
Source: www.telegraph.co.uk
“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
“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.”
The Guardian, 1st March 2012
Source: www.guardian.co.uk
“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.”
Source: www.ukhumanrightsblog.com
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