Category: human rights

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.”

N v United Kingdom (Application No 26565/05)

The Guardian, 9th June 2008

Source: www.guardian.co.uk

N v United Kingdom (Application No 26565/05) – Times Law Reports

Posted June 6th, 2008 in asylum, human rights, law reports, medical treatment by sally

European Court of Human Rights

“The removal of an alien suffering from a serious illness to a country where the facilities for treating that illness were inferior to those available in a state party to the European Convention on Human Rights might raise an issue under the Convention but only in a very exceptional case where humanitarian grounds against removal were compelling.”

The Times, 6th June 2008

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

42-day detention would breach human rights law despite concessions, MPs warn – The Guardian

Posted June 5th, 2008 in detention, human rights, news, terrorism by sally

“The government’s concessions on 42-day pre-charge detention for terrorism suspects have left the legislation in breach of human rights law, the joint select committee on human rights will say today.”

The Guardian, 5th June 2008

Source: www.guardian.co.uk

EU human rights chief renews attack on 42-day detention plan – The Guardian

Posted June 2nd, 2008 in detention, human rights, news, terrorism by sally

“Allowing terrorist suspects to be held without charge for up to 42 days in the UK could encourage other EU countries to pass similar legislation, Europe’s human rights commissioner said today.”

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same

The Guardian, 2nd June 2008

Source: www.guardian.co.uk

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire; Secretary of State for Defence v Same – Times Law Reports

Posted May 30th, 2008 in armed forces, human rights, inquests, Iraq, jurisdiction, law reports by sally

Queen’s Bench Division

“The right to life, protected by article 2 of the European Convention on Human Rights, could extend to members of the Armed Forces, wherever they might be; whether it did so would depend on the circumstances of the particular case.”

The Times, 30th May 2008

Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust

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

Regina (G) v Nottingham Healthcare NHS Trust; Regina (N) v Secretary of State for Health; Regina (B) v Nottingham Healthcare NHS Trust – Times Law Reports

Posted May 28th, 2008 in hospitals, human rights, law reports, smoking by sally

Queen’s Bench Divisional Court

“Preventing detained mental patients from smoking was not a breach of article 8, right to respect for private and family life, or article 14, prohibiting discrimination, of the European Convention on Human Rights.”

The Times, 28th May 2008

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

McCann v United Kingdom – Times Law Reports

Posted May 23rd, 2008 in housing, human rights, law reports by sally

McCann v United Kingdom

European Court of Human Rights

“A local authority which bypassed the statutory scheme for evicting a tenant, had violated his right to respect for the home, as guaranteed by article 8 of the European Convention on Human Rights, when the summary procedure used had not provided appropriate procedural safeguards.”

The Times, 23rd May 2008

BE (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 540; [2008] WLR (D) 159

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

BE (Iran) v Secretary of State for the Home Department – WLR Daily

Posted May 22nd, 2008 in armed forces, asylum, human rights, law reports by sally

“An Iranian soldier who had been ordered in peacetime to plant land mines liable to kill or maim innocent civilians, and who had deserted, was entitled to international protection as a refugee since the order constituted a requirement that he commit a grave violation of human rights which could further be characterised as ‘gross’ and ‘an atrocity’.

WLR Daily, 21st May 2008

Regina (Nasseri) 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.

Regina (Nasseri) v Secretary of State for the Home Department – Times Law Reports

Posted May 20th, 2008 in asylum, human rights, law reports by sally

Court of Appeal

“A provision which prevented the Secretary of State for the Home Department from considering whether certain listed countries would return asylum seekers in violation of their human rights did not enact an absolute bar, but was limited in scope.”

The Times, 20th May 2008

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

Raising school leaving age to 18 ‘could breach human rights’ – The Guardian

Posted May 16th, 2008 in education, human rights, news by sally

“Making it illegal for children aged 16 to 18 to leave school could be a breach of their human rights, a parliamentary committee said today, creating yet another embarrassment for Gordon Brown.”

R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150

The Guardian, 16th May 2008

Source: www.guardian.co.uk

R (Nasseri) v Secretary of State for the Home Department – WLR Daily

Posted May 16th, 2008 in asylum, human rights, law reports by sally

“The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person’s removal would contravene his rights under art 3 of the Human Rights Convention. It did not preclude a more general consideration of whether a listed state’s laws and practices were Convention compliant, therefore the list system was not incompatible with art 3 of the Convention.”

WLR Daily, 15th May 2008