Category: human rights

Cheshire West and Chester Council v P (by his litigation friend the Official Solicitor) – WLR Daily

Posted November 14th, 2011 in disabled persons, human rights, law reports, mental health, restraint by sally

Cheshire West and Chester Council v P (by his litigation friend the Official Solicitor) [2011] EWCA Civ 1257; [2011] WLR (D) 325

“In determining whether or not there was a deprivation of liberty, it was legitimate to have regard both the objective ‘reason’ why someone was placed and treated as they were and also the objective ‘purpose’ or ‘aim’ of the placement. For adults with disabilities, whose lives were dictated by their own cognitive and other limitations, the question whether they had been deprived of liberty fell to be determined by comparing their situation with that of an adult of similar age with the same capabilities, affected by the same condition or suffering the same inherent mental and physical disabilities and limitations.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

The law should not become “over precious” about human rights, says the Divisional Court – UK Human Rights Blog

Posted November 8th, 2011 in freedom of expression, freedom of movement, human rights, news, police, stop and search by sally

“Protestors have to put up with ‘sensible and good natured’ controls by the authorities as a limitation on their rights to free expression and assembly, the Divisional Court has ruled.”

Full story

UK Human Rights Blog, 8th November 2011

Source: www.ukhumanrightsblog.com

UK should not waste this opportunity in Strasbourg – The Guardian

Posted November 8th, 2011 in courts, human rights, news by sally

“New British president of the European court of human rights begins as the UK takes over as chair of Council of Europe.”

Full story

The Guardian, 7th November 2011

Source: www.guardian.co.uk

European judges have no right to rule on prisoner voting, says Grieve – The Guardian

Posted November 3rd, 2011 in attorney general, elections, human rights, news, prisons by sally

“National parliaments not European judges should decide whether prisoners are entitled to the vote, the attorney general has told the human rights court in Strasbourg.”

Full story

The Guardian, 2nd November 2011

Source: www.guardian.co.uk

Teenagers begin high court challenge against tuition fee rise – The Guardian

Posted November 1st, 2011 in education, equality, fees, human rights, judicial review, news, universities by sally

“Two teenagers have begun a case in the high court against the government’s decision to let universities almost treble tuition fees next year.”

Full story

The Guardian, 1st November 2011

Source: www.guardian.co.uk

Judges to be reined in by Parliament on human rights – Daily Telegraph

Posted October 31st, 2011 in deportation, human rights, judiciary, news, proportionality by sally

“Ministers are drawing up plans to rein in ‘outrageous’ human rights rulings by judges, it can be disclosed.”

Full story

Daily Telegraph, 29th October 2011

Source: www.telegraph.co.uk

Dominic Grieve takes on the European court of human rights – The Guardian

Posted October 28th, 2011 in attorney general, human rights, judiciary, news by tracey

“Under government plans, countries would not only implement human rights law but interpret it – and decide if they complied.”

Full story

The Guardian, 27th October 2011

Source: www.guardian.co.uk

European Court of Human Rights reform ‘will take time’ – BBC News

Posted October 28th, 2011 in constitutional reform, human rights, news by tracey

“Ministers have said attempts to reform the European Court of Human Rights will ‘take time’ as the UK must persuade 46 other nations of the need for change.”

Full story

BBC news, 27th October 2011

Source: www.bbc.co.uk

Is the Attorney General right on prisoner votes and subsidiarity? – Dr Ed Bates – UK Human Rights Blog

Posted October 28th, 2011 in elections, human rights, news, prisons by tracey

“In his speech earlier this week the Attorney General announced that he would appear in person before the Grand Chamber of the European Court of Human Rights in two weeks’ time, when it hears Scoppola v Italy No2, a case concerning prisoner voting. The United Kingdom is due to intervene in this case, for reasons that readers of this blog will be fully aware of.”

Full story

UK Human Rights Blog, 27th October 2011

Source: http://ukhumanrightsblog.com

UK supreme court judges air concerns over having to follow Europe’s lead – The Guardian

Posted October 27th, 2011 in human rights, judges, judgments, news, Supreme Court by sally

“The UK’s supreme court is not always ‘supreme’ because it has to follow the lead of the European court of human rights in Strasbourg, whose rulings are sometimes too narrow in scope, according to the country’s most senior judge, Lord Phillips.”

Full story

The Guardian, 26th October 2011

Source: www.guardian.co.uk

The UK supreme court is changing the way we think about law – The Guardian

Posted October 27th, 2011 in constitutional reform, devolution, human rights, judiciary, news, Supreme Court by sally

“The separation of judiciary and legislature will bring about a more confrontational relationship between judges and ministers.”

Full story

The Guardian, 26th October 2011

Source: www.guardian.co.uk

Britain unable to deport more than 5,000 foreign offenders – The Guardian

Posted October 27th, 2011 in deportation, human rights, news, reports by sally

“The number of foreign prisoners who have come to the end of their sentences but cannot be deported has passed the 5,000 mark, despite repeated pledges by Home Office ministers to speed up removals.”

Full story

The Guardian, 27th October 2011

Source: www.guardian.co.uk

Attorney General speaks on the European Convention on Human Rights – Attorney General’s Office

Posted October 25th, 2011 in attorney general, courts, human rights, news, speeches by sally

“In a speech to a legal audience at London’s Lincoln Inn this evening, the Attorney General, Dominic Grieve QC MP, said that the benefits of remaining within the Convention and retaining our position as a leader of the international community are seen by the government to be fundamental to our national interest.”

Full story

Attorney General’s Office, 24th October 2011

Source: www.attorneygeneral.gov.uk

Attorney general aims to limit European power over English law – The Guardian

Posted October 25th, 2011 in attorney general, human rights, news by sally

“The attorney general is appear before the European court of human rights in Strasbourg to argue that English and Welsh courts should have ‘primary responsibility’ in interpreting its laws.”

Full story

The Guardian, 24th October 2011

Source: www.guardian.co.uk

Can Britain “ignore Europe on human rights”? – UK Human Rights Blog

Posted October 24th, 2011 in constitutional law, human rights, judiciary, news by sally

“Headlines are important. They catch the eye and can be the only reason a person decides to read an article or, in the case of a front page headline, buy a newspaper. On Thursday The Times’ front page headline was ‘Britain can ignore Europe on human rights: top judge’.”

Full story

UK Human Rights Blog, 23rd October 2011

Source: www.ukhumanrightsblog.com

Legal aid: the right to a fair trial – Halsbury’s Law Exchange

Posted October 21st, 2011 in bills, human rights, legal aid, news, trials by sally

“Under the European Convention on Human Rights (ECHR), Art 6 ‘Right to a fair trial’, ‘equality of arms’ is implicitly granted in respect of both criminal charges and civil rights and obligations. By ensuring the entitlement of a ‘fair and public hearing’, it is presumed that legal aid funding will be afforded to those individuals who would suffer injustice otherwise.”

Full story

Halsbury’s Law Exchange, 19th October 2011

Source: www.halsburyslawexchange.co.uk

Sound judgments – Daily Telegraph

Posted October 21st, 2011 in freedom of expression, human rights, judges, media, news, sentencing, violent disorder by tracey

“Recent pronouncements by Lord Judge, the Lord Chief Justice, have been momentous, particularly his statements about the Human Rights Act.”

Full Story

Daily Telegraph, 20th October 2011

Source: www.telegraph.co.uk

Courts need not be bound by Europe, says top judge – Daily Telegraph

Posted October 20th, 2011 in human rights, judges, judgments, news, precedent by tracey

“Lord Judge, the Lord Chief Justice, said the UK need only ‘take account’ of the decisions of the European Court of Human Rights but not necessarily follow it.”

Full story

Daily Telegraph, 20th october 2011

Source: www.telegraph.co.uk

Home secretary should lose power to meddle in extradition cases, panel says – The Guardian

Posted October 19th, 2011 in extradition, human rights, inquiries, ministers' powers and duties, news by sally

“The home secretary should lose the power to intervene on human rights grounds in extradition cases, an official judge-led inquiry has recommended.”

Full story

The Guardian, 18th October 2011

Source: www.guardian.co.uk

Home Office policy on forced marriage violates Article 8 family life – UK Human Rights Blog

Posted October 14th, 2011 in forced marriages, human rights, news, visas by tracey

“The Supreme Court has ruled that the Home Secretary’s refusal to grant visas to non-resident spouses under a certain age breached their right to family life under Article 8 of the Convention. A strong dissent from Lord Brown touches on the raw nerve of judicial competence and the role of Article 8 in policy making.”

Full story

UK Human Rights Blog, 13th October 2011

Source: http://ukhumanrightsblog.com