Category: human rights

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15; WLR (D) 79

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

R (Animal Defenders International) v Secretary of State for Culture, Media and Sport – WLR Daily

Posted March 13th, 2008 in advertising, human rights, law reports, media by sally

“The prohibition in ss 319 and 321 of the Communications Act 2003 on political advertising was compatible with art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms as being necessary in a democratic society.”

WLR Daily, 12th March 2008

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

Stop prayers or face being sued, council told – Daily Telegraph

Posted March 13th, 2008 in human rights, local government, news, race discrimination by sally

“A town council is being advised to stop prayers before meetings or face the threat of legal action under race discrimination or human rights laws.”

Daily Telegraph, 13th March 2008

Source: www.telegraph.co.uk

Government submits human rights report to United Nations – Ministry of Justice

Posted March 6th, 2008 in human rights, press releases by sally

“The United Kingdom has submitted a report to the United Nations on how it is fulfilling its human rights obligations, as part of the UN’s periodic review of member states.”

Ministry of Justice, 5th March 2008

Source: www.justice.gov.uk

Pair in DNA database legal battle – BBC News

Posted February 27th, 2008 in criminal records, DNA, human rights, news by sally

“Two British men are due to appear before Strasbourg’s European Court of Human Rights to try to get their DNA removed from the UK national database.”

BBC News, 27th February 2008

Source: www.bbc.co.uk

Human rights and the battle on terror – Law Commission

Posted February 21st, 2008 in human rights, lectures, terrorism by sally

“The Second Leslie Scarman Lecture 2008. The lecture given on 13/02/08 by Professor Aharon Barak on ‘Human Rights and the Battle on Terror.’

Full lecture

Law Commission, 21st February 2008

Source: www.lawcom.gov.uk

Miliband urged to regulate private military – The Guardian

Posted February 18th, 2008 in human rights, news, security companies by sally

“David Miliband, the foreign secretary, today faces a legal challenge over the government’s failure to introduce a law to regulate private military and security companies. The move, by lawyers acting for the charity War on Want, follows an increasing number of reports of human rights abuse by employees of foreign companies in Iraq and Afghanistan.”

The Guardian, 18th February 2008

Source: www.guardian.co.uk

Miliband ‘concerned’ about Guantánamo trials – The Guardian

Posted February 13th, 2008 in human rights, news, terrorism, trials by sally

“The foreign secretary, David Miliband, today opened a rift with the Bush administration by raising doubts about the fairness of US military tribunals for the six men charged in connection with the September 11 attacks.”

The Guardian, 12th February 2008

Source: www.guardian.co.uk

Biofuel demand leading to human rights abuses, report claims – The Guardian

Posted February 12th, 2008 in environmental protection, human rights, news by sally

“EU politicians should reject targets for expanding the use of biofuels because the demand for palm oil is leading to human rights abuses in Indonesia, a coalition of international environmental groups claimed today.”

Ofulue and Another v Bossert

The Guardian, 11th February 2008

Source: www.guardian.co.uk

Ofulue and Another v Bossert – Times Law Reports

Posted February 11th, 2008 in adverse possession, human rights, law reports by sally

Court of Appeal

“Where a party contended that a right to property had been breached, the English court had to apply a margin of appreciation in taking into account the jurisprudence of the European Court of Human Rights at Strasbourg.”
The Times, 11th February 2008

R (Brooke and another) v Parole Board and another; R (O’Connell) v Parole Board and another; R (Murphy) v Parole Board and another [2008] EWCA Civ 29; [2008] WLR (D) 26

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

R (Brooke and another) v Parole Board and another – WLR Daily

Posted February 6th, 2008 in human rights, law reports, parole by sally

“The Parole Board did not have the independence from the executive that was required for its judicial role in determining whether convicted prisoners should be released on licence.”

WLR Daily, 5th February 2008

Regina (Brooke and Another) v Parole Board and Another; Regina (O’Connell) v Same Regina (Murphy) v Same

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

Regina (Brooke and Another) v Parole Board and Another – Times Law Reports

Posted February 5th, 2008 in human rights, law reports, parole by sally

“The Parole Board’s relationship with the executive was such that it did not have the independence required when determining whether convicted prisoners should remain in prison or be released on licence.”

The Times, 5th February 2008

Saadi v United Kingdom (Application No 13229/03)

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

Saadi v United Kingdom – Times Law Reports

Posted February 4th, 2008 in asylum, detention, human rights, reasons by sally

European Court of Human Rights

“A delay of 76 hours in providing reasons for the detention of an asylum seeker was not compatible with article 5.2 of the European Convention on Human Rights that such reasons should be given promptly.”

The Times, 4th February 2008

Ofulue and another v Bossert [2008] EWCA Civ 7; [2008] WLR (D) 22

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

Ofulue and another v Bossert – WLR Daily

Posted February 1st, 2008 in adverse possession, human rights, law reports by sally

“The Court of Appeal should follow a decision of the European Court of Human Rights that the law of adverse possession as it stood prior to the Land Registration Act 2002 did not violate the right to peaceful enjoyment of possessions, guaranteed by art 1 of Protocol No 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 31st January 2008

R (Griffin) v Richmond Magistrates’ Court [2008] EWHC 84 (Admin); [2008] WLR (D) 13

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

R (Griffin) v Richmond Magistrates’ Court – WLR Daily

Posted January 29th, 2008 in fraud, human rights, insolvency, law reports by sally

“The statutory defence under s208(4) of the Insolvency Act 1986, available to a defendant to a charge under s208(1)(c) of the Act, imposed a legal burden of proof which was not incompatible with art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th January 2008

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

RIPA could be challenged on human rights – OUT-LAW.com

Posted January 26th, 2008 in human rights, investigatory powers, news by sally

“The Government’s new powers to force the handover of encryption keys could be vulnerable to a legal challenge under the Human Rights Act’s guarantee to a fair trial. People who refuse keys or passwords face up to five years in jail.”

OUT-LAW.com, 24th January 2008

Source: www.out-law.com

Towards a Bill of Rights and Responsibility – Ministry of Justice

Posted January 21st, 2008 in constitutional law, human rights, speeches by sally

“Jack Straw has given a speech on how a British Bill of Rights and Responsibilities fits into a long British tradition, and how we would be greatly impoverished without the Human Rights Act.”

Savage v South Essex Partnership NHS Foundation Trust

Ministry of Justice, 21st January 2008

Source: www.justice.org.uk

Human Rights Insight Project – Ministry of Justice

Posted January 11th, 2008 in human rights, reports by sally

“The report presents the findings from the Human Rights Insight Project, which set out to establish whether human rights could be used empirically as a tool to improve the public’s experience of public services and if so, how we in government could encourage and facilitate this.”

Full Report (PDF)

Ministry of Justice, 10th January 2008

Source: www.justice.gov.uk

Savage v South Essex Partnership NHS Foundation Trust – Times Law Reports

Posted January 9th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

Court of Appeal

“To establish that a hospital at which a suicide had been a detained mental patient was in breach of the right to life guaranteed by the European Convention on Human Rights, the claimant had to show that at the time of the suicide the hospital knew or ought to have known of the existence of a real and immediate risk to her life from self-harm and that it failed to take measures which reasonably might have been expected to avoid that risk.”

The Times, 9th January 2008

Dickson and Another v United Kingdom (Application No 44362/04)

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

Dickson and Another v United Kingdom (Application No 44362/04) – Times Law Reports

Posted December 21st, 2007 in assisted reproduction, human rights, law reports by sally

European Court of Human Rights

“While the state had a duty to ensure the protection of children, it was disproportionate for it to prevent the conception of a child by a life-term prisoner and his wife through artificial insemination.”

The Times, 21st December 2007