Bill of Rights: good or bad for human rights? – Law Society’s Gazette
‘The Bill of Rights Bill (the Bill), if enacted, will repeal the Human Rights Act (the HRA) 1998.’
Law Society's Gazette, 17th August 2022
Source: www.lawgazette.co.uk
Category: human rights
“Sportswashing – Are Legal Remedies Available?” – Church Court Chambers
‘The phrase ‘sportswashing’ is one that is used regularly in the press. So, what is it? There is no single definition and none that appears in the Oxford English dictionary. We can be bold and safely surmise that it is where a state uses sport to propel their reputation positively as a means to cover their poor human rights record.’
Church Court Chambers, July 2022
Source: churchcourtchambers.co.uk
Sarah Everard vigil protester sues Met police after conviction – The Guardian
‘A woman who was arrested and charged after attending the vigil for Sarah Everard in Clapham last year has launched civil proceedings against the Metropolitan police.’
The Guardian, 16th August 2022
Source: www.theguardian.com
UK must curb influence of European human rights rules, says Braverman – The Guardian
‘Ministers should “take radical action” to counter the influence of European human rights rules to curb a burgeoning industry of highly paid equalities officers touting bogus grievances, Suella Braverman, the UK government’s chief law officer, has argued.’
The Guardian, 10th August 2022
Source: www.theguardian.com
Is The Northern Ireland Troubles Legacy Bill ‘Fatally’ Flawed? – Each Other
‘Human rights and civil liberty groups have criticised the government’s proposals to grant an effective amnesty for crimes committed as part of the Troubles in Northern Ireland. The ‘Troubles’ is a term used to describe a period of conflict in Northern Ireland that lasted over 30 years, up until the Good Friday Agreement was signed in 1998. The Northern Ireland Troubles (Legacy and Reconciliation) Bill attempts to address more than 1,000 unsolved killings. Now, rights groups have said the Bill violates the UK’s human rights obligations.’
Each Other, 10th August 2022
Source: eachother.org.uk
IVF Access To Widen After Discrimination Case – Each Other
‘Lesbians, bi women and some trans people will no longer have to pay more for IVF treatment after a landmark discrimination case. Lesbian couple Megan and Whitney Bacon-Evans launched a legal case showing that NHS England’s IVF policy discriminated against same-sex couples. Unlike heterosexual couples, some LGBTQ couples and single women have had to pay for artificial insemination to prove their fertility status before they can receive NHS help for IVF.’
Each Other, 9th August 2022
Source: eachother.org.uk
Virginity Testing Is Made A Criminal Offence Across The UK – Each Other
‘TRIGGER WARNING: Please note that this piece includes language and themes of child abuse, virginity testing and coercion that some may find triggering.
The government has made it illegal to carry out, offer or aid and abet virginity testing or hymenoplasty in any part of the UK under the Health and Care Act 2022. Virginity tests breach women’s and girls’ fundamental rights under the Human Rights Act 1998 (HRA), including the right to be free from torture and inhuman treatment and the right to private and family life.’
Each Other, 3rd August 2022
Source: eachother.org.uk
Deportation: Supreme Court revisits Unduly Harsh and Very Compelling Circumstances Tests – EIN Blog
‘On 20 July 2022, the UK Supreme Court gave its judgment in the three joined appeals of HA (Iraq), RA (Iraq) and AA (Nigeria) [2022] UKSC 22. The full judgment can be found here. These were all deportation appeals decided by the Court of Appeal. The Court of Appeal found in favour of the three individuals and the Secretary of State, through the Home Office, appealed to the Supreme Court.’
EIN Blog, 3rd August 2022
Source: www.ein.org.uk
Waiting Times for Ambulances Could Violate Your Right to Health – Each Other
‘Waiting times for ambulances in England rose last month, prompting concerns that the service is “under intense pressure”. New data from NHS England shows that patients calling ambulances for serious conditions, such as a suspected stroke, had to wait an average of 51 minutes, more than double the 18 minute standard set by the NHS. This increased by more than 11 minutes since the previous month. The most urgent calls for life-threatening illnesses or injuries, the average waiting time in June was nine minutes, more than two minutes longer than the standard set by the NHS.’
Each Other, 26th July 2022
Source: eachother.org.uk
Edmund Robinson: Fumbling with interpretation – Clause 5 of the Bill of Rights and the positive obligations challenge – UK Constitutional Law Association
‘The ‘Bill of Rights Bill’, repealing and replacing the Human Rights Act, has already attracted significant criticism. This post focuses on clause 5, with which the government seeks to give effect to its previously expressed scepticism regarding ‘positive obligations’. These are duties on the authorities to take positive measures to protect individuals from human rights breaches, rather than merely refraining from breaching those rights with their own actions. The obligation to protect those suffering domestic violence is such an obligation.’
UK Constitutional Law Association, 27th July 2022
Source: ukconstitutionallaw.org
Human rights of people in care at risk due to slow progress on visiting – report – The Independent
‘The human rights of people in care are at risk of being breached by slow progress on enabling visits and the inappropriate use of resuscitation notices, a report has warned.’
The Independent, 22nd July 2022
Source: www.independent.co.uk
Human Fertilisation and Embryology Act can be “read down” to accord with Convention family rights – UK Human Rights Blog
‘This poignant case tells a sad story, but an instructive one in terms of human rights and the ability of courts to interpret statutes in accordance with these rights under Section 3 of the Human Rights Act 1998.’
UK Human Rights Blog, 19th July 2022
Source: ukhumanrightsblog.com
Is The Prevent Programme Compatible With Human Rights? – Each Other
‘Many organisations and individuals have criticised the government’s Prevent programme, which forms part of the UK counter-terrorism strategy.’
Each Other, 18th July 2022
Source: eachother.org.uk
Forced adoptions: Call for government apology to mothers – BBC News
‘Hundreds of thousands of unmarried women who were forced to give up their babies for adoption should receive a government apology, a report has said.’
BBC News, 15th July 2022
Source: www.bbc.co.uk
Kirsty Hughes: The Bill of Rights and the Precarity of Abortion Rights – UK Constitutional Law Association
‘In the aftermath of the US Supreme Court ruling in Dobbs v Jackson Women’s Health Organization attention has turned to whether abortion is adequately protected in the UK from the winds of political change. Given that in England, Scotland, and Wales abortion is provided for by ordinary Act of Parliament, and in Northern Ireland by Regulation, an orthodox view of the constitution indicates that it is not. In response to Dobbs it has been suggested that the pending Bill of Rights should be amended to provide for a right to abortion. That proposal was swiftly rejected by Dominic Raab on the basis that abortion is settled in UK law – a view that is somewhat contradicted by ongoing difficulties in respect of abortion in Northern Ireland.’
UK Constitutional Law Association, 11th July 2022
Source: ukconstitutionallaw.org
What the Princess of Pop teaches us about Capacity – Belinda Cheney – UK Human Rights Blog
‘I was gripped by the Britney Spears saga. This phenomenally successful pop star was deemed to lack capacity in relation to most aspects of her life and finances for more than 13 years allowing her father full control over her considerable fortune and her person and critically, she was unable to object until the “Free Britney” movement highlighted the rampant injustice of the situation. Only then was she was permitted to appoint her own lawyer and “freed”. In this we consider briefly the similarities and differences between the US conservatorship and the UK deputyship.’
UK Human Rights Blog, 7th July 2022
Source: ukhumanrightsblog.com
When is a Right not a Right? The British Bill of Rights – Oxford Human Rights Hub
‘The Bill of Rights Bill, which repeals the Human Rights Act 1998, claims to ‘give effect’ to the rights set out in the European Convention on Human Rights. (Cl. 2). But its core aim is to ‘increase democratic oversight of human rights issues’ (Explanatory Note 2. B. p. 3). This aim is sought in a number of ways, one of the most important being set out in Clause 7.’
Oxford Human Rights Hub, 7th July 2022
Source: ohrh.law.ox.ac.uk
The Bill of Rights Act 2022 and employment law: free speech implications – by Gus Baker – UK Labour Law
‘The “Bill of Rights Bill” (the “Bill”), introduced to Parliament on 22 June this year, has the potential to have significant implications for employment law. Once tribunals and courts accept the Bill’s exhortation to give “great weight” to freedom of speech, the consequences for workplace relations may be profound.’
UK Labour Law, 6th July 2022
Source: uklabourlawblog.com
