Category: human rights

Security Services And Civil Liberties Groups Both Criticise Human Rights Act Overhaul – Each Other

Posted February 18th, 2022 in consultations, government departments, human rights, news, statute law revision by sally

‘The 580-page report of the Independent Human Rights Act Review (IHRAR) provides the backdrop to a series of oral evidence sessions now being held by parliament’s Joint Committee on Human Rights (JCHR). In that report, both security services and human rights charities have issued warnings to the government over proposed changes to the Human Rights Act.’

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Each Other, 17th February 2022

Source: eachother.org.uk

Making Misogyny A Hate Crime Is Long Overdue – Each Other

Posted February 14th, 2022 in equality, hate crime, human rights, news, sex discrimination, women by sally

‘Misogyny – the hatred of, aversion to, or prejudice against women – is becoming ever more common within our society, yet little is being done to tackle it effectively.’

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Each Other, 11th February 2022

Source: eachother.org.uk

Failure to remove’ claims: some further developments – Local Government Lawyer

Posted February 11th, 2022 in accidents, appeals, duty of care, human rights, local government, negligence, news, police, road safety by tracey

‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Judge raps council after 13-year-old boy unlawfully deprived of his liberty for five months – Local Government Lawyer

Posted February 11th, 2022 in care orders, children, detention, families, family courts, human rights, local government, news by tracey

‘A Family Court judge has sharply criticised a local authority over its failure to seek the court’s authorisation of a deprivation of liberty (DoL) of a 13-year-old boy (AB).’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Human rights reform would leave former SC justice ‘very confused’ – Law Society’s Gazette

Posted February 10th, 2022 in human rights, news, precedent, Supreme Court by sally

‘Reforming human rights legislation to give priority consideration to domestic law could create uncertainty, a former Supreme Court justice has warned.’

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Law Society's Gazette, 9th February 2022

Source: www.lawgazette.co.uk

Supreme Court dismisses protestors’ appeal over PKK flag conviction – UK Human Rights Blog

Posted February 7th, 2022 in appeals, demonstrations, freedom of expression, human rights, news, proscribed organisations, Supreme Court, terrorism by tracey

‘Pwr v Director of Public Prosecutions [2022] UKSC 2. On 26 January 2022 the Supreme Court ruled that s.13(1) Terrorism Act 2000 (“TA 2000 “) is a strict liability offence and that, whilst it does interfere with Art.10 ECHR (freedom of expression), the interference is lawful, necessary and proportionate.’

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UK Human Rights Blog, 3rd February 2022

Source: ukhumanrightsblog.com

Would Removing Social Media Anonymity Protect Or Threaten Our Rights? – Each Other

Posted February 4th, 2022 in anonymity, bills, bullying, freedom of expression, harassment, human rights, internet, news, privacy by sally

‘As online abuse and disinformation become more commonplace, the debate over whether anonymity on social media protects people from harm or restricts their rights is heating up.’

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Each Other, 3rd February 2022

Source: eachother.org.uk

Sex Worker Wins Anonymity In Landmark Case – Each Other

Posted February 4th, 2022 in anonymity, banking, employment, equality, human rights, news, privacy, prostitution by sally

‘A member of United Sex Workers (USW), the union for sex workers, has been granted anonymity in her case against SumUp, a major card-payment machines provider. This is a significant win in a landmark case challenging financial discrimination against sex workers.’

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Each Other, 4th February 2022

Source: eachother.org.uk

Is “Perception-Based Recording” for hate crime compatible with freedom of speech? – UK Human Rights Blog

Posted January 31st, 2022 in appeals, codes of practice, freedom of expression, hate crime, human rights, internet, news, police, transgender persons by tracey

‘In R (Harry Miller) v The College of Policing [2021] EWCA Civ 1926, the Court of Appeal ruled that current police guidance on the recording of ‘hate incidents’ unlawfully interferes with the right to freedom of expression. The decision overturns a 2020 ruling by the High Court in which Mr Miller’s challenge to the lawfulness of the Hate Crime Operational Guidance was dismissed (discussed previously on this Blog here).’

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UK Human Rights Blog, 28th January 2022

Source: ukhumanrightsblog.com

Court of Protection case review – Local Government Lawyer

Posted January 28th, 2022 in Court of Protection, families, freedom of expression, human rights, learning difficulties, local government, media, medical treatment, news, privacy, reporting restrictions by tracey

‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

The Independent Human Rights Act Review and the government’s Bill of Rights – UK Human Rights Blog

Posted January 28th, 2022 in consultations, government departments, human rights, news by tracey

‘Do they have anything in common? Relatively little, says Nicola Barker, Professor of Law at the University of Liverpool.’

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UK Human Rights Blog, 24th January 2022

Source: ukhumanrightsblog.com

Activist deceived into relationship with Met officer wins £229,000 compensation – The Guardian

Posted January 26th, 2022 in compensation, demonstrations, families, freedom of expression, human rights, inquiries, news, police, professional conduct, sexual offences, women by sally

‘An environmental activist who was deceived into a two-year intimate relationship by an undercover police officer has been awarded £229,000 in compensation after winning a landmark legal case.’

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The Guardian, 25th January 2022

Source: www.theguardian.com

High court to hear claims Sarah Everard vigil ban breached human rights – The Guardian

Posted January 19th, 2022 in coronavirus, demonstrations, fines, freedom of expression, human rights, judicial review, kidnapping, murder, news, police, women by michael

‘Women’s rights activists are at the high court to argue that the police’s decision to ban a vigil for Sarah Everard in London was a breach of their human rights.’

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The Guardian, 19th January 2022

Source: www.theguardian.com

Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 3: An Assessment – UK Constitutional Law Association

Posted January 18th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘This post completes my analysis of the Government’s Proposals for reform of the Human Rights Act 1998, following Part 1 (outlining the proposals) and Part 2 (analysing the interaction with the common law, the UK Supreme Court, and the intention to sharpen the focus on fundamental rights).’

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UK Constitutional Law Association, 14th January 2022

Source: ukconstitutionallaw.org

Self-Employment Support Scheme appeal dismissed – UK Human Rights Blog

Posted January 18th, 2022 in coronavirus, human rights, maternity leave, news, self-employment, sex discrimination, taxation, women by tracey

‘R. (on the application of Motherhood Plan) v HM Treasury [2021] EWCA Civ 1703. In a judgment handed down on 24 November 2021, the Court of Appeal dismissed an appeal concerning the lawfulness of the Self-Employment Income Support Scheme (“the Scheme”) which was introduced by the Government in April 2020 during the first lockdown as part of its response to the Covid-19 pandemic.’

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UK Human Rights Blog, 17th January 2022

Source: ukhumanrightsblog.com

Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 2: An Assessment – UK Constitutional Law Association

Posted January 13th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘The Government explains its Proposals in its Human Rights Act Reform: A Modern Bill Of Rights: A consultation to reform the Human Rights Act 1998 (CP 588), which represent a radical departure from the HRA.’

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UK Constitutional Law Association, 13th January 2022

Source: ukconstitutionallaw.org

UK government sued over ‘pie-in-the-sky’ net-zero climate strategy – The Guardian

Posted January 12th, 2022 in climate change, energy, environmental protection, government departments, human rights, news, pollution by tracey

‘The UK government is being sued over its net zero climate strategy, which lawyers argue illegally fails to include the policies needed to deliver the promised cuts in emissions.’

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The Guardian, 12th January 2022

Source: www.theguardian.com

Reviewing Our Rights As 2022 Gets Started: Sex And Gender Identity – Each Other2487537737

Posted January 11th, 2022 in domestic violence, equality, gender, human rights, mental health, news, sex discrimination by tracey

‘Throughout 2021, Each Other reported on human rights issues across the UK, including those affecting people on account of their characteristics protected under the Equality Act. To usher in the new year, we are highlighting the issues that are particularly affecting five such groups in UK society, looking forward to the opportunities 2022 might afford and the challenges the year ahead might pose. In this mini-series, we focus on these five of the nine protected characteristics in the Equality Act: race, sex, sexual orientation, disability and religion.’

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Each Other, 10th January 2022

Source: eachother.org.uk

Lewis Graham: Going beyond, and going against, the Strasbourg Court – UK Constitutional Law Association

Posted January 11th, 2022 in gender, human rights, interpretation, news, passports, Supreme Court, treaties by tracey

‘Section 2 of the Human Rights Act (HRA) requires that domestic courts “take into account” relevant Strasbourg case law when dealing with substantive claims under that Act. The classic authority on the application of this provision remains – for now – that of Lord Bingham: courts should “keep pace with the Strasbourg jurisprudence as it evolves over time: no more but certainly no less”.’

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UK Constitutional Law Association, 11th January 2022

Source: ukconstitutionallaw.org

One date to rule them all: McQuillan, McGuigan and McKenna [2021] UKSC 55 – UK Human Rights Blog

Posted January 10th, 2022 in appeals, human rights, news, Northern Ireland, Supreme Court, torture by tracey

‘In one of its final decisions of 2021, McQuillan, McGuigan and McKenna, the UK Supreme Court addressed challenges to the effectiveness of police investigations into events which took place during the Northern Ireland conflict. The European Court has long maintained that the right to life (Article 2 ECHR) and the prohibition upon torture and inhuman and degrading treatment (Article 3 ECHR) carry with them positive obligations on the state to conduct effective investigations. These “legacy” cases not only draw the Courts into debates over some of the most contentious aspects of the Northern Ireland conflict, in particular the involvement of state agents in killings and the infliction of serious harms upon individuals, but they also pose questions about how human rights law applied in the context of Northern Ireland as a jurisdiction before the enactment of the Human Rights Act 1998.’

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UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com