Category: human rights

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Lord Bingham speaks out – BBC Law in Action

Posted July 16th, 2008 in criminal justice, human rights, judiciary, special report by sally

“In a rare interview, Lord Bingham gives forthright opinions on human rights legislation, tackling crime, the role and power of judges and access to justice.”

Liberty and Others v United Kingdom

BBC Law in Action, 15th July 2008

Source: www.bbc.co.uk

Liberty and Others v United Kingdom – Times Law Reports

Posted July 11th, 2008 in human rights, interception, law reports by sally

European Court of Human Rights

“Complaints by civil liberty organisations about secret interception by the Ministry of Defence of their external communications were not dealt with adequately under the Interception of Communications Act 1985 which had not been formulated with sufficient clarity to give individuals protection.”

The Times, 11th july 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Charities ‘should be subject to human rights’ – The Guardian

Posted July 9th, 2008 in charities, freedom of information, human rights, news by sally

“Human rights and freedom of information legislation should be extended to cover charities and social enterprises that deliver public services, such as care homes, a report said today.”

R (Gilboy) v Liverpool City Council [2008] EWCA Civ 751; [2008] WLR (D) 224

The Guardian, 9th July 2008

Source: www.guardian.co.uk

R (Gilboy) v Liverpool City Council – WLR Daily

Posted July 8th, 2008 in housing, human rights, law reports by sally

“The internal review procedure for reconsideration by a local housing authority of a decision to terminate a demoted tenancy complied with article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 7th July 2008

Beoku-Betts v Secretary of State for the Home Department

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Beoku-Betts v Secretary of State for the Home Department – Times Law Reports

Posted July 8th, 2008 in human rights, immigration, law reports by sally

House of Lords

“An adjudicator determining an alleged breach of an immigrant’s right to respect for his family life under article 8 of the European Convention on Human Rights was required to take account of the whole family and if removal would be disproportionate, all affected family members were victims.”

The Times, 8th July 2008

Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39; [2008] WLR (D) 209

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Beoku-Betts v Secretary of State for the Home Department – WLR Daily

Posted June 27th, 2008 in human rights, immigration, law reports by sally

“S 65 of the Immigration and Asylum Act 1999 required an adjudicator, in determining an alleged breach of a claimant’s right to respect for his family life under art 8 of the European Convention, as scheduled to the Human Rights Act 1998, to take account of the family unit as a whole, and if, overall, removal would be a disproportionate interference, all affected family members were to be included as victims.”

WLR Daily, 26th June 2008

Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chikwamba v Secretary of State for the Home Department – WLR Daily

Posted June 26th, 2008 in asylum, human rights, law reports by sally

“An appeal based on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms against refusal of asylum and leave to enter should not be routinely dismissed on the ground that it would be proportionate and more appropriate for the applicant to return to her home country to apply for leave to enter.”

WLR Daily, 25th June 2008

Chikwamba v Secretary of State for the Home Department

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chikwamba v Secretary of State for the Home Department – Times Law Reports

Posted June 26th, 2008 in asylum, human rights, law reports by sally

House of Lords

“An appeal based on the right to family life against a refusal of asylum and leave to enter should not be dismissed routinely because policy required the appellant to leave the country to apply for entry clearance abroad.”

The Times, 26th June 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

The fine line between tolerance and political correctness – The Times

Posted June 26th, 2008 in human rights, minorities, special report by sally

“Does one betray or does one defend Western values by allowing those committed to destroying them to be exposed to practices that are anti-Western?”

The Times, 26th June 2008

In re P (Adoption: Unmarried couple)

In re P (Adoption: Unmarried couple) – Times Law Reports

Posted June 23rd, 2008 in adoption, human rights, law reports, parental rights by sally

House of Lords

“Regulations governing the adoption of children in Northern Ireland which prevented the consideration of an unmarried couple as potential adoptive parents were in breach of the couple’s rights to a family life, under article 8 of the European Convention on Human Rights and article 14, prohibiting discrimination.”

The Times, 23rd June 2008

Regina v G (Secretary of State for the Home Department intervening) [2008] UKHL 37; [2008] WLR (D) 199

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina v G (Secretary of State for the Home Department intervening) – WLR Daily

Posted June 20th, 2008 in human rights, law reports, rape, young offenders by sally

“It was not incompatible with a child’s rights under arts 6 and 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms to convict him of the offence of ‘rape of a child under 13’, pursuant to s 5 of the Sexual Offences Act 2003, in circumstances where the agreed basis of his plea of guilty established that his offence could fall within the ambit of s 13, covering child sex offences committed by a person under 18.”

WLR Daily, 19th June 2008

In re P (Adoption: Unmarried couple) [2008] UKHL 38; [2008] WLR (D) 198

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re P (Adoption: Unmarried couple) – WLR Daily

Posted June 20th, 2008 in adoption, human rights, law reports, parental rights by sally

“Arts 14 and 15 of the Adoption (Northern Ireland) Order 1987, which prevented an unmarried couple from being considered as potential adoptive parents, were incompatible with the couple’s rights under articles 8 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 19th June 2008

R (Barclay and others) v Secretary of State for Justice and the Lord Chancellor and others [2008] EWHC 1354 (Admin); [2008] WLR (D) 195

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Barclay and others) v Secretary of State for Justice and the Lord Chancellor and others – WLR Daily

Posted June 20th, 2008 in human rights, judiciary, law reports, Sark by sally

“The provisions in the Reform (Sark) Law, 2008 for the retention of the Seigneur and Seneschal as unelected members of Chief Pleas did not breach art 3 of the First Protocol to the European Convention on Human Rights; the prohibition on aliens standing for election to Chief Pleas did not infringe art 3 of the First Protocol, or art 14 of the Convention, or art 19(1) of the EC Treaty; and the Seneschal’s dual role as Senior Judge in Sark and a member of Chief Pleas was not inconsistent with art 6 of the Convention.”

WLR Daily, 19th June 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v G – Times Law Reports

Posted June 20th, 2008 in human rights, law reports, privacy, rape, young offenders by sally

Regina v G

House of Lords

“There was no breach of the rights of a boy aged 15 to a fair trial or respect for privacy, guaranteed by articles 6 and 8 of the European Convention on Human Rights, to convict him of rape of a child under 13 where, on the basis on which his guilty plea had been accepted, he could have been charged with a less serious offence.”

The Times, 20th June 2008

Please note the Times Law reports are only available free on Times Online for 21 days from the date of publication.

Protests at pre-entry English tests for spouses coming to UK – The Guardian

Posted June 20th, 2008 in human rights, immigration, married persons, news by sally

“Government plans to insist that spouses should have to learn English before they are allowed into Britain to join their husbands or wives have run into a barrage of opposition and warnings that the idea could breach human rights laws.”

The Guardian, 20th June 2008

Source: www.guardian.co.uk

Army accused of human rights abuse in case of Iraqis held without trial for five years – The Independent

Posted June 16th, 2008 in detention, human rights, Iraq, news, prisoners of war by sally

“Britain is accused of holding Iraqi prisoners of war in a legal black hole after it emerged that two men accused of killing British soldiers have been detained without trial for more than five years.”

Regina (Wood) v Commissioner of Police of the Metropolis

The Independent, 15th June 2008

Source: www.independent.co.uk

Regina (Wood) v Commissioner of Police of the Metropolis – Times Law Reports

Posted June 13th, 2008 in demonstrations, human rights, law reports, privacy by sally

Queen’s Bench Division

“Taking and retaining photographs of someone engaged in a political protest or demonstration was not unlawful and did not infringe his human rights.”

The Times, 13th June 2008

RP v Nottingham City Council

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

RP v Nottingham City Council – Times Law Reports

Posted June 10th, 2008 in care orders, human rights, law reports, official solicitor, parental rights by sally

Court of Appeal

“There was no breach of a mother’s right to a fair hearing under article 6 of the European Convention on Human Rights when she was represented by the Official Solicitor who conceded that overwhelming evidence justified making a care order.”

The Times, 10th June 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Dossier prepared for UN details grim plight of many young people in Britain – The Guardian

Posted June 9th, 2008 in children, human rights, news by sally

“A dossier of abuse of the human rights of children and young people in Britain will be presented to United Nations inspectors today in a joint submission from the four children’s commissioners for England, Scotland, Wales and Northern Ireland.”