Category: human rights

Gypsies and Travellers – time for a rethink – Nearly Legal

Posted January 27th, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, trespass by sally

‘Over the last few years, there has been a real growth in “all borough” injunctions against anticipated trespass by gypsies and travellers. As far as the Court of Appeal could tell, there seem to be 38 presently in force. For obvious reasons, once one authority obtains such an injunction, the pressure builds on other authorities to do likewise. Moreover, because the injunctions are usually sought against “persons unknown” there are rarely, if ever, any represented defendants.’

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Nearly Legal, 26th January 2020

Source: nearlylegal.co.uk

Be Careful What You Tweet For (part 1) – UK Human Rights Blog

Posted January 24th, 2020 in contract of employment, employment, employment tribunals, equality, freedom of expression, gender, human rights, internet, news, sex discrimination, transgender persons, women by sally

‘Forstater v CGD Europe & Others [2019] UKET 2200909/2019. Last month, the Central London Employment Tribunal held that a woman’s belief that “sex is biologically immutable” was not protected as a philosophical belief under the Equality Act 2010.’

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UK Human Rights Blog, 23rd January 2020

Source: ukhumanrightsblog.com

UK court allows Saudi dissident to sue kingdom over alleged hacking – The Guardian

Posted January 24th, 2020 in compensation, computer crime, electronic mail, human rights, interception, news, privacy, Saudi Arabia, telecommunications by sally

‘The high court has given a green light to a lawsuit against Saudi Arabia that has been brought by a prominent dissident living in London who has claimed he was the victim of a sophisticated hacking campaign by the kingdom.’

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The Guardian, 23rd January 2020

Source: www.theguardian.com

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments – Local Government Lawyer

Posted January 22nd, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.’

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Local Government Lawyer, 21st January 2020

Source: www.localgovernmentlawyer.co.uk

Criminalising the possession of “terrorist propaganda”: a human rights analysis – UK Human Rights Blog

Posted January 22nd, 2020 in coroners, criminal justice, documents, freedom of expression, human rights, news, police, statute law revision, terrorism by sally

‘The Home Office is proposing to legislate for a new criminal offence relating to the “possession of the most serious material glorifying or encouraging terrorism”.’

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UK Human Rights Blog, 21st January 2020

Source: ukhumanrightsblog.com

‘Victory’ For Traveller Communities Against Blanket Council Bans – Each Other

Posted January 22nd, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘Local authorities who attempt to ban Travellers and Gypsies from vast swathes of public land risk breaching their “enshrined freedom” to roam the country, a court has ruled.’

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Each Other, 21st January 2020

Source: eachother.org.uk

Immigration and Article 8: what did we learn in 2019? – UK Human Rights Blog

Posted January 20th, 2020 in appeals, deportation, families, human rights, immigration, news, privacy, proportionality by sally

‘As in previous years, the courts in 2019 were particularly concerned with Theresa May’s attempts as Home Secretary to codify the Article 8 proportionality exercise into legislation. Those changes have had a significant impact on the approach of tribunals to appeals against deportation and removal on grounds of private and family life. Judges now have to apply a series of prescribed tests under the immigration rules, before going on to consider whether there are exceptional circumstances requiring a grant of leave.’

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UK Human Rights Blog, 17th January 2020

Source: ukhumanrightsblog.com

When to disapply subordinate legislation – Law Society’s Gazette

Posted January 20th, 2020 in appeals, benefits, housing, human rights, legislation, local government, news, rent, Supreme Court by sally

‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’

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Law Society's Gazette, January 2020

Source: www.lawgazette.co.uk

British government condemned for offering to repatriate children from Syrian Isis camp but not their mother – The Independent

Posted January 17th, 2020 in children, citizenship, families, government departments, human rights, news, terrorism by sally

‘Human rights campaigners have condemned the British government for reportedly agreeing to repatriate children from Syrian camps on the condition they are separated from their mother.’

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The Independent, 16th January 2020

Source: www.independent.co.uk

Case Law Update – ethical veganism protected as a philosophical belief under the Equality Act 2010 – Parklane Plowden

Posted January 15th, 2020 in employment, employment tribunals, equality, human rights, news, unfair dismissal, veganism by sally

‘Last week the long-awaited decision in the case of Casamitjana v League Against Cruel Sports was finally handed down by Employment Judge Postle in Norwich Employment Tribunal. The case had been listed for a Preliminary Hearing to determine whether ethical veganism constitutes a protected belief under the Equality Act 2010. The Equality Act 2010 does not provide express protection for ethical vegans, albeit that veganism is a philosophy which falls within the ambit of Article 9 of the European Convention on Human Rights.’

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Parklane Plowden, 10th January 2020

Source: www.parklaneplowden.co.uk

Protection for a philosophical belief: why some beliefs but not others? – The 36 Group

Posted January 15th, 2020 in employment, employment tribunals, equality, human rights, interpretation, news, veganism by sally

‘Fergus McCombie employment law expert at 36 Commercial comments on recent tribunal decision.’

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The 36 Group, 9th January 2020

Source: 36group.co.uk

Union To Sue Police After Barrister Arrested At Medical University Protest – Each Other

Posted January 14th, 2020 in barristers, contracting out, equality, freedom of expression, hospitals, human rights, minorities, news, trade unions by sally

‘A trade union is taking legal action against the Metropolitan Police after its barrister was arrested at a protest outside a medical university.’

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Each Other, 13th January 2020

Source: eachother.org.uk

Leasehold reform plans branded ‘nothing more than tinkering’ – The Guardian

Posted January 10th, 2020 in consultations, housing, human rights, Law Commission, leases, news, statute law revision by sally

‘The Law Commission has set out a range of proposals which it said will make it cheaper for Britain’s 4 million leaseholders to buy their freehold or extend their lease. However, the reforms were immediately branded by campaigners as “nothing more than tinkering”.’

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The Guardian, 9th January 2020

Source: www.theguardian.com

What would ‘mother’ say? A legal digest of R v Registrar General for England and Wales – KCH Garden Sq

Posted January 9th, 2020 in birth, gender, human rights, judicial review, news, parental rights, registrars, transgender persons by sally

‘The latest article from Family & Civil pupil Samuel Peake looks at how the term ‘mother’ was defined for the first time in common law earlier this year by the President of the Family Division, Sir Andrew McFarlane.’

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KCH Garden Sq, 12th December 2019

Source: kchgardensquare.co.uk

Sexual assault investigation into a child with learning difficulties not a breach of article 3 – Police Law Blog

Posted January 9th, 2020 in autism, care homes, child abuse, disability discrimination, human rights, learning difficulties, news, police by sally

‘In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.’

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Police Law Blog, 17th December 2019

Source: ukpolicelawblog.com

5 UK Human Rights Issues and Trends to Watch in 2020 – Each Other

Posted January 7th, 2020 in armed forces, artificial intelligence, brexit, data protection, employment, human rights, internet, news, political parties, privacy, public order, racism, time limits by sally

‘From landmark legal cases to a landslide general election result, and civil disobedience to constitutional upheaval – the UK had no shortage of human rights news stories in 2019.’

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Each Other, 6th January 2020

Source: eachother.org.uk

Home Office faces legal cases over Zimbabwean asylum seekers – The Guardian

Posted January 6th, 2020 in asylum, government departments, human rights, immigration, judicial review, news, Zimbabwe by sally

‘The Home Office faces a series of legal challenges over its decision to allow Zimbabwean government officials to interview people from the country who are seeking asylum in the UK.’

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The Guardian, 5th January 2020

Source: www.theguardian.com

Tafida Raqeeb: Costs Judgment – Transparency Project

Posted January 6th, 2020 in accidents, children, costs, EC law, families, hospitals, human rights, judicial review, medical treatment, news by sally

‘In 2019, we reported on the tragic case of Tafida Raqeeb. Raqeeb v Barts Health NHS Trust [2019] EWHC 2531 (Admin) and [2019] EWHC 2530 (Fam)). As a brief reminder, Tafida Raqeeb, now aged 5, experienced a catastrophic brain injury in February 2019. The treating hospital believed that it was in her best interests for treatment to be withdrawn. Tafida’s parents disagreed and wished for life-sustaining treatment to continue. They sought alternative options and wanted to take Tafida to Italy for treatment. The Hospital Trust applied to the family court for permission to withdraw treatment. Tafida’s parents also sought judicial review of the Trust’s decision, arguing that the refusal by the Trust to allow Tafida’s parents to transfer her to Italy was an infringement of her EU rights. Mr Justice MacDonald decided that the decision of the Trust was unlawful but declined to grant relief to Tafida. In the proceedings under the Children Act 1989, the application of the NHS Trust, for an order that treatment be withdrawn, was dismissed.’

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Transparency Project, 3rd January 2020

Source: www.transparencyproject.org.uk

UK could forfeit security council seat over Chagos Islands dispute – The Guardian

Posted January 6th, 2020 in Chagos Islands, human rights, international law, news, United Nations by sally

‘The UK could lose its permanent seat on the UN security council unless it resolves the future of the Chagos Islands, the archipelago in the Indian Ocean whose largest island, Diego Garcia, is a US military base.’

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The Guardian, 5th January 2020

Source: www.theguardian.com

Ethical veganism is a protected belief, rules Employment Tribunal – UK Human Rights Blog

Posted January 6th, 2020 in disciplinary procedures, disclosure, employment, employment tribunals, equality, harassment, human rights, news, pensions, professional conduct, unfair dismissal, veganism by sally

‘In what multiple commentators have hailed as a landmark legal case, Norwich Employment Tribunal found that the Claimant’s “ethical veganism” is a philosophical belief and therefore a protected characteristic for the purposes of section 10 of the Equality Act 2010 (“s.10”) following a preliminary hearing on 2nd and 3rd January 2020.’

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UK Human Rights Blog, 4th January 2020

Source: ukhumanrightsblog.com