human rights – Page 206 – Current Awareness

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

Savage v South Essex Partnership NHS Foundation Trust

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

Source: www.timesonline.co.uk

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

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

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

Source: www.timesonline.co.uk

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

Regina (Main) v Minister for Legal Aid – Times Law Reports

Posted December 18th, 2007 in human rights, inquests, law reports, legal aid by sally

Regina (Main) v Minister for Legal Aid

Court of Appeal

“An inquest held in public was an inquisitorial, not an adversarial process and the coroner could reasonably be expected to carry out a proper investigation without the assistance of counsel for any victims’ families.”

The Times, 18th December 2007

Source: www.timesonline.co.uk

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

MEPs slam Commission freedom restraints in anti-terror name – OUT-LAW.com

Posted December 18th, 2007 in EC law, human rights, news, privacy, terrorism by sally

“Members of the European Parliament (MEPs) have criticised EU anti-terror laws for violating basic human rights. The Parliament passed a resolution condemning EU bodies and member states for passing laws which undermine rights to privacy or fair trials.”

Full story

OUT-LAW.com, 17th December 2007

Source: www.out-law.com

Podcast 34: Podcast on Human Rights with Carl Gardner, author of the Head of Legal blog – Charon QC

Posted December 10th, 2007 in human rights, podcasts by sally

“Today I am talking to Carl Gardner, former government lawyer and now a freelance author, lecturer and author of the Head of Legal Blog.”

Podcast

Source: www.charonqc.wordpress.com

Brecknell v United Kingdom – Times Law Reports

Posted December 7th, 2007 in human rights, law reports, unlawful killing by sally

Brecknell v United Kingdom (Application No 32457/04)
McCartney v Same (Application No 34575/04)
McGrath v Same (Application No 34651/04)
Reavey v Same (Application No 34640/04)
O’Dowd and Another v Same (Application No 34622/04)

European Court of Human Rights

“Where there existed a plausible or credible allegation, piece of evidence or item of information relevant to the identification and prosecution of a perpetrator of an unlawful killing, state authorities were under an obligation to take further investigative measures.”

The Times, 7th December 2007

Source: www.timesonline.co.uk

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

Jailed killer has right to father a child, European Court rules – The Times

Posted December 5th, 2007 in assisted reproduction, human rights, news by sally

“Britain breached the human rights of a murderer and his wife by refusing them access to IVF treatment, the European Court ruled yesterday.”

Full story

The Times, 5th December 2007

Source: www.timesonline.co.uk

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

Posted December 4th, 2007 in criminal procedure, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v AF [2007] EWHC 2828 (Admin)

“A judge who decided issues arising on a hearing under s 3(10) of the Prevention of Terrorism Act 2005 adversely to either party was not for that reason disqualified by prejudgment from adjudicating in subsequent proceedings under the 2005 Act to which the respondent was a party.”

WLR Daily, 3rd December 2007

Source: www.lawreports.co.uk

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

The changing judicial role: human rights, community law and the intention of Parliament – the Rt Hon Lady Justice Arden

Posted November 29th, 2007 in human rights, lectures, statutory interpretation by sally

“Lecture by the Rt Hon Lady Justice Arden at the Constitutional and Administrative Law Bar Association”

Full text

Judiciary of England and Wales, 28th November 2007

Source: www.judiciary.gov.uk

Regina (Countryside Alliance and Others) v Attorney-General and Another Regina (Derwin and Others) v Same – Times Law Reports

Posted November 29th, 2007 in human rights, hunting, law reports by sally

Regina (Countryside Alliance and Others) v Attorney-General and Another Regina (Derwin and Others) v Same

House of Lords

“The prohibition of hunting wild animals with dogs and hare coursing imposed by the Hunting Act 2004 was not incompatible with the European Convention on Human Rights or inconsistent with the treaty establishing the European Union.”

The Times, 29th November 2007

Source: www.timesonline.co.uk

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

Gault v United Kingdom (Application No 127/05) – Times Law Reports

Posted November 28th, 2007 in bail, human rights, law reports by sally

Gault v United Kingdom (Application No 127/05)

European Court of Human Rights

“The Court of Appeal of Northern Ireland was in breach of the European Convention of Human Rights in refusing bail, when the prosecution did not object, to a mother of triplets pending retrial on a charge of murder.”

The Times, 28th November 2007

Source: www.timesonline.co.uk

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

Litvinenko’s widow goes to court to hunt assassin – The Times

Posted November 26th, 2007 in extradition, human rights, murder, news, Russia by sally

“The widow of the poisoned Russian dissident Alexander Litvinenko said yesterday that she had filed a lawsuit in the European Court of Human Rights to try to force Russia to find out who was behind his death.”

Full story

The Times, 24th November 2007

Source: www.timesonline.co.uk

R (Main) v Minister for Legal Aid – WLR Daily

Posted November 22nd, 2007 in human rights, inquests, law reports, legal aid by sally

R (Main) v Minister for Legal Aid [2007] EWCA Civ 1147

“In refusing an application for discretionary funding for full legal representation at an inquest into deaths following a rail accident, the Minister for Legal Aid had not acted irrationally in concluding that no significant wider public interest would be compromised, nor did the refusal constitute a breach of art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 21st November 2007

Source: www.lawreports.co.uk

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

Human rights in the (bus) queue? – The Times

Posted November 20th, 2007 in constitutional law, human rights, special report by sally

“Lord Bingham of Cornhill can’t quite see the point of a new bill of rights.”

Full story

The Times, 20th November 2007

Source: www.timesonline.co.uk

UK condemned for failing to protect children’s rights – The Guardian

Posted November 20th, 2007 in children, human rights, news by sally

“The UK government will be criticised today over key aspects of children’s human rights in a report highlighting how youngsters in custody are being handcuffed or have needed oxygen after being restrained.”

Full story

The Guardian, 20th November 2007

Source: www.guardian.co.uk

Regina (Wright and Others) v Secretary of State for Health and Another – Times Law Reports

Posted November 16th, 2007 in care workers, human rights, law reports by sally

Regina (Wright and Others) v. Secretary of State for Health and Another

Court of Appeal

“Those who worked with vulnerable adults should be given the opportunity to make representations before being placed on a list preventing them doing such work.”

The Times, 16th November 2007

Source: www.timesonline.co.uk

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

R (O’Connell) v Parole Board and another – WLR Daily

Posted November 15th, 2007 in human rights, law reports, oral hearings, parole by sally

R (O’Connell) v Parole Board and another [2007] EWHC 2591 (Admin)

“A decision by the Parole Board as to whether to direct the release on licence of a prisoner serving an extended sentence under s 227 of the Criminal Justice Act 2003 who had not yet finished the custodial part of the imposed term, engaged the right not to be arbitrarily detained under art 5(4) of the European Convention on Human Rights. However, art 5(4) did not require an oral hearing in every case where the question was the assessment of risk to the public, and whether or not an oral hearing was necessary would depend upon the facts.”

WLR Daily, 13th November 2007

Source: www.lawreports.co.uk

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

Government wins terror control case – The Independent

Posted October 31st, 2007 in control orders, human rights, news, terrorism by sally

“The Government’s controversial control order regime restricting the day-to-day activities of terror suspects was given legal clearance by the Law Lords today – but was watered down.”

Full story

The Independent, 31st October 2007

Source: www.independent.co.uk

Ruling expected on control orders – BBC News

Posted October 31st, 2007 in control orders, human rights, news, terrorism by sally

“The Law Lords are set to rule on whether controversial counter-terrorism control orders breach human rights.”

Full story

BBC News, 31st October 2007

Source: www.bbc.co.uk

Serial sex offender can stay in UK, judge rules – Daily Telegraph

Posted October 31st, 2007 in deportation, human rights, news, sexual offences by sally

“A serial sex offender from Sierra Leone has been allowed to stay in the UK after a judge ruled deporting him would breach his human rights.”

Full story

Daily Telegraph, 31st October 2007

Source: www.telegraph.co.uk