‘The Home Office has told a Syrian asylum seeker he can return to the country he fled during the war because it is safe to do so, in what is thought to be the first case of its kind.’
The Guardian, 9th January 2022
Source: www.theguardian.com
‘ECHR says Gareth Lee’s case against bakery that refused to make cake with ‘support gay marriage’ message is inadmissible.’
The Guardian, 6th January 2022
Source: www.theguardian.com
‘A gay rights activist has lost a seven-year discrimination dispute over a cake order as the European Court of Human Rights ruled his case inadmissible.’
BBC News, 6th January 2022
Source: www.bbc.co.uk
‘Terrorists, war criminals, spies – that’s who the government says it’s targeting as part of a shake-up of immigration law. Under the Nationality and Borders Bill being debated in the House of Lords, if the British government wants to remove someone’s citizenship it will no longer need to tell them.’
BBC News, 7th January 2022
Source: www.bbc.co.uk
‘The Brook House inquiry has recently concluded its first phase of hearings which took place between November 23 and December 10, 2021 at the International Dispute Resolution Centre (IDRC). Brook House is an Immigration Removal Centre (IRC) beside Gatwick Airport, originally managed by the private security company G4S. The inquiry was set up to investigate the actions and circumstances surrounding the “mistreatment” of male detainees at Brook House between April 1 to August 31 2017, and specifically, examining whether the treatment experienced was contrary to Article 3 ECHR (the right not to be subjected to torture, inhuman or degrading treatment). This followed the damning footage filmed by an undercover reporter in Brook House during the “relevant period”, and broadcast on the BBC Panorama Programme “Undercover: Britain’s Immigration Secrets” which aired on September 4, 2017.’
UK Human Rights Blog, 6th January 2022
Source: ukhumanrightsblog.com
‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’
UK Human Rights Blog, 4th January 2022
Source: ukhumanrightsblog.com
‘The Conservative Party has opposed the HRA root and branch ever since its enactment. Manifesto commitments to overhaul the HRA were made in 2010, 2015, 2017, and 2019. In 2015 Prime Minister, David Cameron, said he was open to the “nuclear option” of withdrawing from the European Convention on Human Rights (the ECHR) to ensure the UK’s highest court remains the “ultimate arbiter of human rights”, although this was to be delayed until after the referendum on EU membership. The Government has now, however, confirmed that the UK will not leave the ECHR.
In December 2020 the Government announced it was setting up an Independent Human Rights Act Review chaired by Sir Peter Gross, the former Lord Justice of Appeal. On 16 December 2021 the Review published its final report. On the same day the Deputy Prime Minister and new Justice Minister, Dominic Raab, announced a packet of proposals to launch a new British Bill of Rights.
The impact of these proposals will be profound. In this article I shall outline what the proposals will involve. I shall next assess the impact of those proposals.’
UK Constitutional Law Association , 4th January 2022
Source: ukconstitutionallaw.org
‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’
UK Human Rights Blog, 4th January 2022
Source: ukhumanrightsblog.com
‘Modern slavery victims may face barriers to seeking justice while criminal gangs “evade punishment” under Priti Patel’s immigration bill, cross-party MPs have warned.’
The Independent, 21st December 2021
Source: www.independent.co.uk
‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’
UK Police Law Blog, 20th December 2021
Source: ukpolicelawblog.com
‘An ex-police officer has won a legal challenge against a national policy for forces to record gender-critical views as non-crime “hate incidents”.’
BBC News, 20th December 2021
Source: www.bbc.co.uk
‘This week, in response to the Independent Human Rights Act Review’s report, the Government published its proposals to reform the Human Rights Act (HRA) and a call for further submissions on its proposals. A comprehensive analysis of all of the Government’s proposals would not be possible in this short two-part post; that stated, whether they deserve such an in-depth response is questionable.’
Oxford Human Rights Hub, 19th December 2021
Source: ohrh.law.ox.ac.uk
‘The Supreme Court unanimously dismissed this appeal concerning whether the Court of Appeal was wrong in its conclusion that Her Majesty’s Passport Office’s policy does not unjustifiably breach articles 8 and 14 of the European Convention on Human Rights (“ECHR”).The policy in question holds that (i) an applicant for a passport must declare their gender/sex as being either male or female and (ii) a passport will only be issued bearing a male (“M”) or female (“F”) indicator in the gender/sex field on the face of the passport and will not be issued with an “unspecified” (“X”) gender marker.’
UKSC Blog, 15th December 2021
Source: ukscblog.com
‘A campaigner has lost a Supreme Court case challenging the government’s refusal to issue gender neutral passports.’
BBC News, 15th December 2021
Source: www.bbc.co.uk
‘The Human Rights Act will be revised under plans unveiled by the Justice Secretary Dominic Raab today (14 December).’
Ministry of Justice, 14th December 2021
Source: www.gov.uk
‘In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly be met, referencing the leading decisions in KO (Nigeria) and HA (Iraq).’
EIN Blog, 13th December 2021
Source: www.ein.org.uk
‘Judicial decision-making: case studies from Biblical times and now – The Rt Hon Lady Rose of Colmworth DBE”
Supreme Court, 1st December 2021
Source: www.supremecourt.uk
‘Dominic Raab is to outline a sweeping overhaul of human rights law that he claims will counter “wokery and political correctness” and expedite the deportation of foreign criminals.’
The Guardian, 14th December 2021
Source: www.theguardian.com
‘White v General Medical Council [2021] EWHC 3286 (Admin) (03 December 2021). A case in which the High Court reminds the regulator of requirements for imposing curbs on free speech.’
UK Human Rights Blog, 7th December 2021
Source: ukhumanrightsblog.com
‘In Overd & Ors v The Chief Constable of Avon and Somerset Constabulary [2021] EWHC 3100 (QB), the appellants, Michael Overd, Michael Stockwell Don Karns and Adrian Clark, four evangelical Christians, were arrested at Broadmead shopping centre in Bristol on 6 July 2016 after complaints from members of the public that their street preaching was racist and anti-Islamic and was causing a disturbance. Mr Overd was arrested on suspicion of an offence under s 50 Police Reform Act 2002 and the other three were arrested on suspicion of a racially-aggravated offence under s 5 Public Order Act 1986. They were detained before being released on bail and, ultimately, prosecuted under s 5 of the 1986 Act, but the prosecutions failed.’
Law & Religion UK, 8th December 2021
Source: lawandreligionuk.com
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