Timetable set for new inquest into ‘air quality’ death of child – Local Government Lawyer

‘A new inquest into the death of 9 year-old Ella Kissi-Debrah will be held November or December this year, following the ordering of a new inquest by the high court last year.’

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Local Government Lawyer, 3rd January 2020

Source: www.localgovernmentlawyer.co.uk

Ethical veganism is philosophical belief, tribunal rules – BBC News

‘Ethical veganism is a “philosophical belief” and so is protected in law, a tribunal has ruled for the first time.’

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BBC News, 3rd January 2020

Source: www.bbc.co.uk

Man, 81, seeks to quash conviction for apartheid protest – The Guardian

Posted January 6th, 2020 in appeals, demonstrations, disclosure, evidence, human rights, inquiries, news, police, spying by sally

‘An 81-year-old retired academic is seeking to overturn a criminal conviction he received after taking part in an anti-apartheid protest that had been infiltrated by an undercover police officer.’

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The Guardian, 6th January 2020

Source: www.theguardian.com

10 cases that defined 2019 – UK Human Rights Blog

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Paralysed Leeds man Paul Lamb loses ‘right to die’ case – BBC News

Posted December 20th, 2019 in assisted suicide, disabled persons, euthanasia, human rights, news by sally

‘A paralysed ex-builder has lost a High Court bid to challenge the law on assisted dying.’

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BBC News, 19th December 2019

Source: www.bbc.co.uk

Speech by Mrs Justice Cheema-Grubb: Mind-Reading: Neuroscience and The Law – Courts and Tribunals Judiciary

Posted December 16th, 2019 in forensic science, human rights, investigatory powers, privacy, speeches by sally

‘Speech by Mrs Justice Cheema-Grubb: Mind-Reading: Neuroscience and The Law.’

Full speech

Courts and Tribunals Judiciary, 13th December 2019

Source: www.judiciary.uk

A ‘fair hearing’ in the family court includes the judge creating the appropriate atmosphere – 5SAH

‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’

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5SAH, 10th December 2019

Source: www.5sah.co.uk

Civil Partnerships – A new inequality created by the correction of an old one? – 5SAH

‘Civil partnerships are now to be open to all but the solution of that problem has led to another – while same-sex couples can convert a civil partnership to a marriage, there is no provision for opposite-sex couples to do the same.’

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5SAH, 9th December 2019

Source: www.5sah.co.uk

Adoption and race discrimination: Mander – Law & Religion UK

Posted December 10th, 2019 in adoption, human rights, news, race discrimination, Sikhism by sally

‘Sandeep and Reena Mander are of Sikh heritage and were born and brought up in the UK. They identify as part of the wider Sikh community but are not religious:

“They go to Temple a few times a year much as, they say, some of their non-practising Christian friends go to church at Christmas or Easter. They consider themselves culturally British, whilst acknowledging their Indian heritage”.’

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Law & Religion UK, 10th December 2019

Source: www.lawandreligionuk.com

Gender-Neutral Passport Rules: A Human Rights Breach? – Rights Info

Posted December 9th, 2019 in equality, gender, human rights, news, passports, sex discrimination by sally

‘The Court of Appeal heard this week that the government’s passport rules, which force non-gendered people to apply as either male or female, are a human rights breach. The case was brought by activist Christie Elan-Cane, who has campaigned on the issue for more than 25 years, and believes the rules are “inherently discriminatory”. How could what is written on our passports affect our rights? Emily Kent examines.’

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Rights Info, 6th December 2019

Source: rightsinfo.org

Legal action launched in row between National Theatre and lesbian group – Daily Telegraph

‘Legal action is being launched in a dispute between the National Theatre and a group of lesbian claimants.’

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Daily Telegraph, 8th December 2019

Source: www.telegraph.co.uk

Some you might have missed – Panopticon

Posted December 5th, 2019 in consent, data protection, human rights, immigration, internet, news, privacy by sally

By which we mean: some that we did miss blogging about. With apologies and better late than nevers, here’s a round-up of three recent(ish) cases worthy of note. In R (Open Rights Group) v SSHD digital campaigners Open Rights Group and The3million (campaigning on behalf of so many EU Citizens living in the UK) challenged the immigration exemption – one of the few new features in the DPA 2018 that strengthens the controller’s hand – as incompatible with fundamental charter rights to privacy and protection of personal data. They also contended that it was too broad, vague and lacking in the safeguards required by the parent Article 23 GDPR (which enables Member States to enact domestic exemptions).The exemption follows a formula which is familiar from other exemptions, old and new – processing of personal data relating to some public good is exempt from data subject rights, to the extent that the public good is jeopardised by execise of those rights. The immigration-specific exemption is new – as the Secretary of State’s witness explained [29], ‘where an exemption was required in an immigration context, reliance was placed on the crime exemption contained latterly in s.29 of DPA 1998’. In other words, the Home Office was getting by OK under the old regime, and one aspect of the challenge to the exemption was that the introduction of a measure infringing fundamental rights must be ‘strictly necessary’.

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Panopticon, 5th December 2019

Source: panopticonblog.com

The Future Could Be Accessible, But Only If All Disability Shortlists Are Made Legal – Oxford Human Rights Hub

‘Tuesday 3 December marked the International Day of Persons with Disabilities (IDPWD), but with only one week to go until the UK General Election, the prospects of sufficient Members of Parliament with disabilities being elected looks dismal. The theme of the 2019 IDPWD is ‘The Future is Accessible’, examining what barriers need to be removed to enable full inclusion of people with disabilities. Reforming Section 104 of the Equality Act 2010 on selection of candidates to allow for All Disability Shortlists would remove a significant barrier. The legitimacy of our democracy and political engagement by disabled people requires it.’

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Oxford Human Rights Hub, 5th December 2019

Source: ohrh.law.ox.ac.uk

Councils Appeal High Court Ruling On Traveller Ban – Rights Info

‘The Court of Appeal has heard a landmark case which could have wide-ranging implications on whether local authorities can use injunctions to place a blanket ban on Travellers camping on public land.’

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Rights Info, 4th December 2019

Source: rightsinfo.org

Mark Duggan shooting report challenged by human rights groups – The Guardian

‘The official report into the police shooting of a man whose death sparked the 2011 riots is facing a new challenge from human rights investigators who say a virtual model of the shooting shows its main conclusion is wrong.’

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The Guardian, 5th December 2019

Source: www.theguardian.com

“The Red line: Assessing “Proportionality” in Article 8 ECHR Family Rights” – Church Court Chambers

Posted December 4th, 2019 in citizenship, families, human rights, immigration, news, proportionality by sally

‘Islam Khan discusses a recent Court Of Appeal case in an immigration matter shifting the test on proportionality on Human Rights cases.’

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Church Court Chambers, 3rd December 2019

Source: churchcourtchambers.co.uk

What are ‘insurmountable obstacles’ to family life? – Richmond Chambers

Posted December 4th, 2019 in families, human rights, immigration, married persons, news by sally

‘What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights. This will be possible if they are able to show that they would face ‘insurmountable obstacles to family life continuing outside the UK with that partner’ as outlined in EX.1.(b) of the Immigration Rules.’

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Richmond Chambers, 29th November 2019

Source: immigrationbarrister.co.uk

Court of Appeal to hear bid for gender-neutral passports – BBC News

Posted December 3rd, 2019 in appeals, gender, human rights, news, passports, sex discrimination by sally

‘A campaigner who wants the government to provide gender-neutral passports will have their case heard at the Court of Appeal later.’

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BBC News, 3rd December 2019

Source: www.bbc.co.uk

Education, street protests and injunctions: Afsar – Law & Religion UK

‘Birmingham City Council v Afsar & Ors [2019] EWHC 3217 (QB) was a claim by the Council for injunctions to restrict street protests about Anderton Park Infant and Junior School and to prohibit online abuse of teachers at that school.’

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Law & Religion UK, 2nd December 2019

Source: www.lawandreligionuk.com

Christopher Bevan: Anti-HRA Rhetoric and the Conservative Party 2019 Manifesto: Are the Proposals for a British Bill of Rights and Repeal of the Human Rights Act “Dead in the Water”? – UK Constitutional Law Association

Posted November 28th, 2019 in elections, human rights, news, political parties by sally

‘The ECHR was incorporated into UK domestic law through the Human Rights Act 1998 (HRA), which came into effect in October 2000 and has been hailed as a “constitutional statute” enjoying limited protection from implied repeal which this status brings (see Thoburn v Sunderland City Council). It has been further referred to as a “higher order” provision under which the long established doctrine of parliamentary sovereignty has yielded its station to the constitutional morality of the rule of law. It is arguable that the HRA has provided substantial positive protections to citizens as judgments finding violation against the UK have decreased in trend from 6.8% of Strasbourg judgments in 2001 to 0.2% in 2017.’

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UK Constitutional Law Association, 28th November 2019

Source: ukconstitutionallaw.org