McGowan v B – WLR Daily

Posted November 25th, 2011 in human rights, law reports, legal representation, news, police interviews by sally

McGowan v B [2011] UKSC 54; [2011] WLR (D) 339

“There was no rule of the European Court of Human Rights that a suspect in police custody could only waive his right of access to legal advice before and during police questioning if he had first received legal advice as to whether he should do so.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

Bratza bites back – UK Human Rights Blog

Posted November 25th, 2011 in human rights, judiciary, news by sally

“I had intended to entitle this post ‘Bratza goes ballistic’ which would, for reasons I will explain, have been unfair. However, as reported by guardian.co.uk, the new British president of the European Court of Human Rights has pushed back strongly against ‘vitriolic and – I am afraid to say, xenophobic – fury’ of the reaction to recent rulings by the UK government and press, which he says is ‘unprecedented in my experience, as someone who has been involved with the Convention system for over 40 years.'”

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UK Human Rights Blog, 25th November 2011

Source: www.ukhumanrightsblog.com

MoD’s resistance to human rights in Iraq blamed for death of Baha Mousa – The Guardian

Posted November 25th, 2011 in armed forces, assault, detention, human rights, Iraq, news by sally

“The army’s former chief legal adviser in Iraq has accused the Ministry of Defence of moral ambivalence and a cultural resistance to human rights that allowed British troops to abuse detainees and beat the Basra hotel worker Baha Mousa to death.”

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The Guardian, 24th November 2011

Source: www.guardian.co.uk

European judge slams UK ‘xenophobia’ – The Guardian

Posted November 24th, 2011 in human rights, judges, news, parliament by sally

“Europe’s most powerful judge has publicly complained about ‘senior members’ of the UK government fostering hostility towards the European Convention on Human Rights.”

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The Guardian, 23rd November 2011

Source: www.guardian.co.uk

Watchdog may intervene over ‘do not resuscitate’ order – The Guardian

Posted November 24th, 2011 in hospital orders, hospitals, human rights, medical treatment, news by sally

“Britain’s equality and human rights watchdog may intervene in a landmark case over the use of ‘do not resuscitate’ orders for patients in hospitals, care homes, and their own homes.”

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The Guardian, 23rd November 2011

Source: www.guardian.co.uk

Elderly home care failures breach human rights, report finds – The Guardian

“Equality and Human Rights Commission says elderly people face unchecked ‘ageism’ from council-funded home care.”

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The Guardian, 23rd November 2011

Source: www.guardian.co.uk

Majority verdict: we already have a bill of rights – The Guardian

Posted November 23rd, 2011 in bills, consultations, human rights, legal aid, news, sentencing by sally

“Adam Wagner examines some of the responses to the consultation on a UK bill of rights.”

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The Guardian, 22nd November 2011

Source: www.guardian.co.uk

Christopher Alder death: Government payout to family – BBC News

Posted November 22nd, 2011 in compensation, death in custody, human rights, news, police, racism by sally

“The government has agreed to pay more than £22,000 compensation to the family of Christopher Alder, who choked to death in a Hull police station in 1998.”

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BBC News, 22nd November 2011

Source: www.bbc.co.uk

Criminal ‘babyfathers’ dodge deportation – Daily Telegraph

Posted November 21st, 2011 in deportation, families, human rights, news by sally

“Foreign criminals are having children with different mothers to use ‘human rights laws’ to avoid being deported from Britain, the Home Office has warned.”

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Daily Telegraph, 19th November 2011

Source: www.telegraph.co.uk

 

Child rapist Roger Gleaves in ‘slopping out’ court case – BBC News

Posted November 18th, 2011 in human rights, news, prisons by sally

“A rapist who had to use a bucket as a toilet at an Isle of Wight prison has claimed a breach of his human rights.”

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BBC News, 17th November 2011

Source: www.bbc.co.uk

Severely disabled man’s care plan not a deprivation of liberty – Court of Appeal – UK Human Rights Blog

“When assessing whether a patient’s care deprives him or her of their liberty, and thereby entitles them to the procedural protections under Article 5 (4) ECHR, the right to liberty, the Court of Appeal has ruled that the appropriate comparator is an individual with the same disabilities and difficulties who is not in care. The court also provided useful general guidance for deprivation of liberty cases.”

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UK Human Rights Blog, 17th November 2011

Source: http://ukhumanrightsblog.com

UK courts following European human rights rulings too strictly, warn judges – The Guardian

Posted November 16th, 2011 in courts, human rights, judiciary, news by sally

“UK courts are following European court of human rights rulings too strictly and should adopt a more critical approach towards Strasbourg, according to Britain’s two most senior judges.”

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The Guardian, 15th November 2011

Source: www.guardian.co.uk

One of the “great unspoken problems” about human rights law – UK Human Rights Blog

Posted November 15th, 2011 in human rights, judicial review, judiciary, news, parliament by sally

“… is at the core of Jonathan Sumption QC’s FA Mann lecture. His central point is not human rights as such, but our misconception of Parliament and the perceived need for judicial constraints on the action of the state.”

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Uk Human Rights Blog, 15th November 2011

Source: www.ukhumanrightsblog.com

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

“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.”

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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.”

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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.”

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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.”

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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.”

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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 sally

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

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The Guardian, 27th October 2011

Source: www.guardian.co.uk