Evidencing Article 3 Systems Duty Breaches – UK HUman Rights Blog

Posted December 4th, 2024 in human rights, immigration, news by tracey

‘In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain.’

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UK Human Rights Blog, 4th December 2024

Source: ukhumanrightsblog.com

Research Briefing: A short introduction to equality law and policy – House of Commons Library

Posted December 4th, 2024 in equality, human rights, news, parliament by tracey

‘This briefing provides an overview of equality law, summarising the main concepts and the role of the Equality and Human Rights Commission.’

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House of Commons Library, 2nd December 2024

Source: commonslibrary.parliament.uk

Speech by the Master of the Rolls: Are rights sufficiently human in the age of the machine? – Courts and Tribunals Judiciary

Posted December 2nd, 2024 in artificial intelligence, climate change, human rights, judges, news, speeches by tracey

‘Speech by the Master of the Rolls: Are rights sufficiently human in the age of the machine?.’

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Courts and Tribunals Judiciary, 27th November 2024

Source: www.judiciary.uk

Enacting Just and Equal Laws: the Mayflower 400 Lecture by the Lady Chief Justice – Courts and Tribunals Judiciary

Posted December 2nd, 2024 in human rights, judges, legal history, news, speeches by tracey

‘Baroness Carr of Walton-on-the-Hill, the Lady Chief Justice of England and Wales, delivered the 2024 Mayflower 400 Lecture at the University of Plymouth on Thursday 28 November.’

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Courts and Tribunals Judiciary, 29th November 2024

Source: www.judiciary.uk

Many unable to access eVisas to prove right to be in UK, Home Office admits – The Guardian

Posted December 2nd, 2024 in computer programs, government departments, human rights, immigration, news, visas by tracey

‘The Home Office has admitted that many people who have the right to live and work in the UK cannot access their eVisas and provide proof that they are allowed to be in the country.’

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The Guardian, 1st December 2024

Source: www.theguardian.com

Stevie Martin: Differentiation in dying: Can limiting assisted suicide to the terminally ill be justified? – UK Constitutional Law Association

Posted November 27th, 2024 in assisted suicide, bills, constitutional law, health, human rights, news, suicide by sally

‘With the second reading of Kim Leadbeater’s Terminally Ill Adults (End of Life) Bill fast approaching, debate persists as to whether limiting eligibility to terminally ill adults could be successfully challenged as discriminatory under Article 14 of the European Convention on Human Rights (ECHR) before the domestic courts and/or the European Court of Human Rights (ECtHR). This blog post does not seek to rehash well-trodden ground in this respect (see here, here and here for posts that discuss it in detail). Rather, it seeks only to contribute a comparative lens which indicates a potential basis upon which the UK Government could justify limiting assisted dying to the terminally ill.’

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UK Constitutional Law Association, 27th November 204

Source: ukconstitutionallaw.org

Balancing consent, religious beliefs, and human rights in posthumous embryo use: EF – Law & Religion UK

Posted November 26th, 2024 in bereavement, consent, embryology, human rights, human tissue, married persons, news, surrogacy by tracey

‘In EF v Human Fertilisation and Embryology Authority [2024] EWHC 3004 (Fam), EF and his wife AB had undergone fertility treatment in 2017 at a clinic licensed by the Human Fertilisation and Embryology Authority (HFEA), during which an embryo had been created which remains stored by the clinic. Tragically, AB died unexpectedly in childbirth, and she had not signed the necessary consent form for the use of the embryo.’

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Law & Religion UK, 26th November 2024

Source: lawandreligionuk.com

Cheshire West revisited: deprivation of liberty and children – UK Human Rights Blog

‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’

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UK Human Rights Blog, 22nd November 2024

Source: ukhumanrightsblog.com

The strange afterlife of blasphemy – Law & Religion UK

‘The criminal offence of blasphemy is dead. It was unceremoniously abolished by section 79(1) of the Criminal Justice and Immigration Act 2008. My colleague Norman Doe and I wrote a piece entitled ‘The Strange Death of Blasphemy’, which looked at events leading up to its abolition. The offence is now long dead.’

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Law & Religion UK, 21st November 2024

Source: lawandreligionuk.com

Philip Murray: Assisted Suicide and the ECHR: Some Further Thoughts – UK Constitutional Law Association

Posted November 19th, 2024 in assisted suicide, bills, constitutional law, health, human rights, news, suicide by tracey

‘My recent post on Kim Leadbeater’s Terminally Ill Adults (End of Life) Bill, which seeks to legalise assisted suicide for terminally ill adults and so modify the blanket ban provided by s. 2 of the Suicide Act 1961, has attracted some attention. There I raised questions as to the compatibility of the Bill with articles 8 and 14 of the European Convention on Human Rights (“ECHR”), suggesting that extending assisted suicide only to terminally ill adults might be considered unlawfully discriminatory. I argued that there can therefore be no guarantees that the Bill would not have to expand in the future if the UK is to continue to adhere to its obligations under the ECHR. Alex Ruck Keene KC, who represented Noel Conway in his legal challenge to the UK’s blanket ban, has made a similar argument.’

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UK Constitutional Law Association, 19th November 2024

Source: ukconstitutionallaw.org

Criminalising thought crime? – Local Government Lawyer

‘Kuljit Bhogal KC and Sarah Salmon explain why a defendant was recently convicted of breaching a PSPO near an abortion clinic.’

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Local Government Lawyer, 15th November 2024

Source: www.localgovernmentlawyer.co.uk

The Supreme Court prioritises substance over form in protecting the welfare of children in an immigration context. Explicit reference to guidance is neither sufficient nor necessary – UK Human Rights Blog

‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’

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UK Human Rights Blog, 15th November 2024

Source: ukhumanrightsblog.com

Daily Mail publisher wins ECHR case against ‘success fees’ paid to lawyers – The Guardian

Posted November 13th, 2024 in damages, fees, freedom of expression, human rights, media, news, privacy, solicitors by sally

‘The publisher of the Daily Mail has won a court battle after arguing that its human rights were breached by a requirement for it to pay “success fees” to lawyers representing people it had paid damages to.’

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The Guardian, 12th November 2024

Source: www.theguardian.com

Council worker who objected to pronouns policy ordered to pay £12k in costs after losing employment tribunal – Local Government Lawyer

‘A council worker who protested against his local authority employer’s pronouns policy has been ordered to pay £12,000 in costs after his claim of unfair dismissal was dismissed in the Employment Tribunal.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Stevie Martin: The Decriminalisation and Regulation of Assisted Suicide in England and Wales: Acknowledging and Addressing the Slippery Slope Argument – UK Constitutional Law Association

Posted November 5th, 2024 in assisted suicide, human rights, medical treatment, news by tracey

‘The introduction of Kim Leadbeater’s Private Member’s Bill which will, if enacted, legalise assisted suicide for “Terminally Ill Adults” in England and Wales has, unsurprisingly, drawn significant commentary from many quarters, including some legal academics and practitioners. This is despite the fact that, as yet, Leadbeater’s Bill has not been published.’

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UK Constitutional Law Association, 5th November 2024

Source: ukconstitutionallaw.org

Assisted Suicide on the NHS would breach the ECHR – UK Human Rights Blog

Posted November 4th, 2024 in assisted suicide, doctors, health, human rights, news by tracey

‘In this guest post, Rajiv Shah argues that the provision of assisted suicide in the England and Wales via the NHS would constitute a substantive breach of the negative obligation imposed on the State under Article 2 of the ECHR.’

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UK Human Rights Blog, 1st November 2024

Source: ukhumanrightsblog.com

Private schools vote for legal action over VAT plans – BBC News

‘A group representing 1,400 private schools will press ahead with plans for a legal challenge against the government’s introduction of VAT from January, the BBC can reveal.’

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BBC News, 31st October 2024

Source: www.bbc.co.uk

EXTRADITION: An Introduction – 5SAH

‘Extradition is a tool that allows countries to stretch law enforcement beyond its borders. It can be used to promote international co-operation and positive relations between states, but it can also give rise to power struggles and be used as an instrument for political gains. As such, extradition occupies a unique space, creating a tension between upholding human rights, resisting political interference and upholding international treaty obligations. In this extradition article, the team at 5SAH looks back at the key moments in extradition law from the last 12 months and looks forward to what might be on the horizon.’

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5SAH , 21st October 2024

Source: www.5sah.co.uk

When rules clash: faith, identity, and the Football Association – Law & Religion UK

Posted November 1st, 2024 in equality, human rights, Islam, islamic law, news, sport by sally

‘A Muslim football coach was prevented from playing in a match because she wears tracksuit bottoms rather than shorts: she says that wearing shorts compromises her religious beliefs.’

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Law & Religion UK, 31st October 2024

Source: lawandreligionuk.com

Philip Murray: Looking down the slippery slope: Can assisted suicide be restricted to the terminally ill? – UK Constitutional Law Association

Posted October 31st, 2024 in assisted suicide, bills, constitutional law, health, human rights, news, suicide by sally

‘Kim Leadbeater has recently introduced a Private Member’s Bill in the House of Commons which seeks to legalise assisted suicide for the terminally ill. Despite its second reading being scheduled for 29 November, the text of the Bill is, somewhat remarkably given its significance, still to be published. Yet the outline of Leadbeater’s proposals has already become known. As such, I seek to offer here a legal analysis of some of the issues relating to legalising assisted suicide in the UK, and particular the idea that any law can be effectively limited to terminally ill adults.’

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UK Constitutional Law Association, 30th October 2024

Source: ukconstitutionallaw.org