Category: human rights

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

A “seminal decision” for human rights – The Times

Posted June 13th, 2007 in armed forces, human rights, Iraq, news by sally

“The House of Lords held by a 4-1 majority that the Human Rights Act 1998 (HRA) and the European Convention on Human Rights (ECHR) applied to South East Basra in cases where Iraqis have been detained and kept in British Army custody.”

The Times, 13th June 2007

Iraqi death covered by human rights laws, say Lords – The Independent

Posted June 13th, 2007 in armed forces, human rights, Iraq, jurisdiction, news by sally

“The European Convention on Human Rights does apply to the case of an Iraqi man who died while in the custody of British troops, the House of Lords ruled today.”

The Independent, 13th June 2007

Iraqi civilians bring abuse claims to the High Court – The Independent on Sunday

Posted June 11th, 2007 in damages, human rights, Iraq, news by sally

“Dozens of Iraqi civilians who claim to have been victims of abuse committed by British soldiers are set to bring a test case in London for punitive damages against the government. The legal action, which will begin later this month in the High Court in London, follows two courts martial in which soldiers were convicted of mistreating prisoners after the invasion.”

The Independent on Sunday, 10th June 2007

Regina (Johnson) v. Secretary of State for the Home Department and Another

Regina (Johnson) v. Secretary of State for the Home Department and Another – Times Law Reports

Posted May 30th, 2007 in human rights, law reports, prisons by sally

Arbitrary delay in parole hearing

Court of Appeal

“The failure by the Parole Board to consider speedily the entitlement of a long-term prisoner to parole made his continued detention after eligibility for parole arbitrary, unjustified and therefore unlawful.”

The Times, 30th May 2007

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

ECHR upholds Lords’ decision to refuse widow’s benefit to widowers – The Lawyer

Posted May 30th, 2007 in benefits, human rights, news by sally

“The European Court of Human Rights (ECHR) has upheld a House of Lords ruling that the UK Government did not act unlawfully by refusing to pay widows’ benefits to two widowers.”

The Lawyer, 28th May 2007

Source: www.thelawyer.com

Lord Goldsmith refuses to publish advice to Army over use of torture – The Independent

Posted May 30th, 2007 in armed forces, human rights, Iraq, news by sally

“The Attorney General, Lord Goldsmith, is under growing pressure to disclose his advice to the Army on whether British soldiers in Iraq needed to comply with the Human Rights Act.”

The Independent, 30th May 2007

Judges asked to rethink control order rulings after suspects abscond – The Guardian

Posted May 30th, 2007 in control orders, human rights, news, terrorism by sally

“Judges should be less ready to rule that control orders imposed on terrorism suspects breach human rights, the independent watchdog on terrorism law said yesterday. Lord Carlile of Berriew QC called on judges to review their approach to restrictions imposed by control orders after a further three terrorist suspects absconded last week, bringing the total to six.”

R (Baia and another v. Secretary of State for the Home Department

The Guardian, 30th May 2007

Source: www.guardian.co.uk

R (Baia and another) v. Secretary of State for the Home Department – WLR Daily

Posted May 29th, 2007 in human rights, immigration, law reports, marriage by sally

“The statutory scheme requiring permission by the Home Office for marriage by people subject to immigration control or those who had entered the United Kingdom illegally contravened arts 12 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to marry and the right not to be discriminated against for reasons of nationality or religion.”

WLR Daily, 23rd May 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 Iraq: a case to answer – The Independent

Posted May 29th, 2007 in armed forces, human rights, Iraq, news by sally

“The Attorney General, Lord Goldsmith, is facing accusations that he told the Army its soldiers were not bound by the Human Rights Act when arresting, detaining and interrogating Iraqi prisoners.”

The Independent, 29th May 2007

Rampton patient fights smoking ban at high security hospital – The Guardian

Posted May 29th, 2007 in hospitals, human rights, news, smoking by sally

“Patients at Rampton high security psychiatric hospital, which houses some of the country’s most dangerous criminals, are challenging a smoking ban in a test case which claims the refusal to permit cigarettes in the hospital’s buildings or grounds violates their human rights.”

The Guardian, 28th May 2007

Source: www.guardian.co.uk

Reid threatens to suspend human rights laws after terror suspects go missing – The Independent

Posted May 25th, 2007 in human rights, news, terrorism by sally

“John Reid faced growing anger as he signalled the Government was ready to declare that Britain faced an “emergency” over terrorism and opt out of human rights legislation.”

The Independent, 25th May 2007

An over-complex privacy law may trigger new legislation – The Independent

Posted May 23rd, 2007 in human rights, news, privacy by traceydennis

“The Human Rights Act created a right to privacy but case law has made it difficult to define what it is.”

The Independent, 23rd May 2007

No smoke without fire – The Lawyer

Posted May 22nd, 2007 in human rights, news, smoking by traceydennis

“The smoking ban may stop claims over second-hand smoke, but will the smokers themselves start claiming it’s all too unfair?”

Secretary of State for the Home Department v. E [2007] EWCA Civ 459

The Lawyer, 21st May 2007

Source: www.legalweek.com

Secretary of State for the Home Department v. E – WLR Daily

Posted May 21st, 2007 in control orders, human rights, law reports, terrorism by sally

“It was not a condition precedent to the making, maintaining and renewal of a control order against a person that the Home Secretary complied with his duty to consider and reconsider the realistic prospect of successfully prosecuting that person for terrorism-related offences.”

WLR Daily, 17th May 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.

Reid says human rights laws are fuelling terror – The Sunday Times

Posted May 14th, 2007 in human rights, terrorism by sally

“John Reid, the outgoing home secretary, yesterday called for controversial human rights laws to be watered down because he fears they are allowing terrorists to run free.”

The Sunday Times, 13th May 2007

R (Johnson) v. Secretary of State for the Home Department and another – WLR Daily

Posted May 11th, 2007 in human rights, law reports, prisons by sally

R (Johnson) v. Secretary of State for the Home Department and another [2007] EWCA Civ 429

“After an unjustified and random period of delay in considering the entitlement of a long term prisoner to parole, if the prisoner could show that at an earlier consideration by the parole board he would have been released, his detention thereafter was arbitrary, unjustified and therefore unlawful. Under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms he was entitled to have his case considered by the parole board speedily so that his sentence did not become arbitrary.”

WLR Daily, 9th May 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.

Act of mercy – Law Society’s Gazette

Posted May 11th, 2007 in human rights by sally

“There is evidence of a much wider use of the Human Rights Act than by unpopular minorities, writes Roger Smith.”

Regina (AW, A and Y) v. Croydon London Borough Council and Another

Law Society’s Gazette, 10th May 2007

Source: www.lawgazette.co.uk

Regina (AW, A and Y) v Croydon London Borough Council and Another – Times Law Reports

Posted May 11th, 2007 in asylum, human rights, law reports by sally

Support for asylum seekers

Court of Appeal

“The duty to provide for an ablebodied destitute failed asylum-seeker, for whom the provision of support was necessary to avoid the breach of his or her rights under the European Convention on Human Rights, fell upon the Secretary of State for the Home Department whereas the duty to provide for an infirm destitute failed asylum-seeker in such circumstances rested upon the local authority.”

The Times, 11th May 2007

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

Teachers backed over Muslim wear – BBC News

Posted May 8th, 2007 in education, human rights, Islam, news by sally

“Lord Chancellor Lord Falconer will tell headteachers common sense decisions stopping Muslim pupils wearing Islamic dress would not breach human rights.”