Lord Lloyd-Jones at the Conseil d’Etat, Paris, France – Supreme Court
‘General Principles of Law in International Law and Common Law.’
Supreme Court, 2nd March 2018
Source: www.supremecourt.uk
Category: human rights
The right of appeal against refusal of a residence card: where are we up to? – UK Human Rights Blog
‘One way for an immigrant to gain the right to be in the UK is by making an application under the Immigration Rules. But these applications are relatively expensive and the requirements have become increasingly stringent.’
UK Human Rights Blog, 27th February 2018
Source: ukhumanrightsblog.com
Seriously sick child and distraught parents – where to draw the line – UK Human Rights Blog
‘Alder Hey Children’s NHS Foundation Trust v Evans, James and Alfie Evans (a child by his guardian Cafcass Legal) [2018] EWHC 308 (Fam). This was an application by the hospital for a declaration to allow their doctors to withdraw life support from a 19 month old child, Alfie. He suffers from a progressive, ultimately fatal neurodegenerative condition, probably a mitochondrial disorder. His epileptic seizures have not been brought under control by anti-convulsant treatment. The evidence before the court was that even if these seizures were to end, his brain is “entirely beyond recovery”. However caused, his neural degeneration is both “catastrophic and untreatable”.’
UK Human Rights Blog, 26th February 2018
Source: ukhumanrightsblog.com
Ministry of Justice not liable for clinical negligence in prison – UK Human Rights Blog
‘In Razumas v Ministry of Justice [2018] EHWC 215 a prisoner who had made a claim for clinical negligence against the Ministry of Justice, rather than against the specific health care provider, had his claim dismissed.’
UK Human Rights Blog, 26th February 2018
Source: ukhumanrightsblog.com
Remembering the Right to be Forgotten – Panopticon
‘It all seems a long time ago that the CJEU handed down its judgment in Google Spain and inculcated the right to be forgotten doesn’t it? Commentators – including here and here – opined with varying degrees of wailing and gnashing of teeth about the implications of it, and how endless litigation was anticipated. But there hasn’t been all that much. The lion has been sleeping so far.’
Panopticon, 21st February 2018
Source: panopticonblog.com
The right to be forgotten before the Courts again – UK Human Rights Blog
‘NT 1 & Anor v Google LLC [2018] EWHC 261 (QB) (15 February 2018). This was a Pre Trial Review of an application by the claimants to have details about an old criminal conviction and other information removed from Google and associated websites under the “right to be forgotten”.’
UK Human Rights Blog, 21st February 2018
Source: ukhumanrightsblog.com
John Worboys’ victims win human rights case against police – The Guardian
‘Two victims of John Worboys have won their claim for compensation from the Metropolitan police after the supreme court ruled that the force had failed to carry out an effective investigation into the serial sex attacker.’
The Guardian, 21st February 2018
Source: www.theguardian.com
Supreme Court: Environment Agency must compensate fisherman for ‘disproportionate’ fishing restrictions – OUT-LAW.com
‘The Environment Agency (EA) must compensate a fisherman for the “severe and disproportionate” effect of conditions imposed on his fishing license limiting the number of fish he can catch in one year, the UK Supreme Court has ruled.’
OUT-LAW.com, 16th February 2018
Source: www.out-law.com
Five “Highly Pertinent” Questions: Discrimination, Contact and the Family Court following Re M (Children) [2017] EWCA Civ 2164 – Family Law Week
‘Hassan Khan and Charlotte Baker, barristers at 4 Paper Buildings, present a framework for approaching cases where issues of human rights and discrimination arise in contact cases.’
Family Law Week, 6th February 2018
Source: www.familylawweek.co.uk
Four Reasons for Retaining the Charter: Part 2 – Remedies – Oxford Human Rights Hub
‘The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the Charter is not retained as part of domestic law. The second reason for retaining the Charter draws attention to the remedy provided when rights are breached. Individuals relying on the Charter at the moment can use the Charter to disapply legislation which breaches Charter rights. This is a legally binding remedy which invalidates the relevant legislation. This is not the case for those relying on common law rights, or their Convention rights under the Human Rights Act.’
Oxford Human Rights Hub, 4th February 2018
Source: ohrh.law.ox.ac.uk
Four Reasons for Retaining the Charter Post Brexit: Part 1 – A Broader Protection of Rights – Oxford Human Rights Hub
‘This series of short blog posts will argue that there are four main reasons for allowing the EU Charter of Fundamental Rights to continue to have domestic effect in UK law. First, it provides a broader scope of rights than either the ECHR or the common law. Second, it provides a better remedy for a breach of rights. Third, to retain the Charter provides greater clarity as to the extent to which human rights are protected in the UK. Fourth, the Charter provides for a protection of rights that has more democratic credentials than either the common (judge-made) law, or the ECHR. The final blog post will explain why the Government’s main argument against retention of the Charter – that it only applies within the scope of EU law – does not provide a justification for removing the Charter from domestic law.’
Oxford Human Rights Hub, 2nd February 2018
Source: ohrh.law.ox.ac.uk
Asylum seekers win case over smoking in immigration detention centres – The Guardian
‘Two asylum seekers have won a legal challenge against the government when a high court judge ruled on Thursday that it was a breach of their human rights to allow smoking in immigration detention centres.’
The Guardian, 1st February 2018
Source: www.theguardian.com
Life sustaining treatment – whose decision? – UK Human Rights Blog
‘Kings College Hospital NHS Foundation Trust v Thomas and others [2018] EWHC 127 (Fam). Parental love is to be cherished by society, particularly when a child is sick. But the “flattering voice of hope” is not always in best interests of the object of that love. So concluded MacDonald J in a recent ruling which has attracted considerable media attention.’
UK Human Rights Blog, 31st January 2018
Source: ukhumanrightsblog.com
Pragmatism versus Principle – Transparency Project
‘We wrote back in January last year about a case where Mr Justice Peter Jackson (now in the Court of Appeal) had ruled against direct contact between children raised in an ultra-orthodox (Charedi) Jewish community and their transgender father, in essence because in light of the likely community ramifications it would not be in their best interests. You can read our original post here : Transgender v ultra-Orthodox Jewish community?’
Transparency Project, 30th January 2018
Source: www.transparencyproject.org.uk
Doctors Can Stop Baby’s Life Support Against Parent’s Wishes – Rights Info
‘A High Court judge has ruled that the life support of 11-month-old Isaiah Haastrup can be withdrawn by doctors, after being told further treatment would be “futile, burdensome and not in his best interests”.’
Rights Info, 29th January 2018
Source: rightsinfo.org
Surrogacy: Law Practice and Policy in England and Wales – Family Law
‘Since the first UK surrogacy case hit the headlines in 1985 with the birth of Baby Cotton, surrogacy law has been evolving in the UK, and indeed throughout the world. As the pool of adoptable babies continues to shrink, the growth of surrogacy as a means of supporting childless couples to start their families is a trend that is likely to continue.’
Family Law, 25th January 2018
Source: www.familylaw.co.uk
Why Should Misogyny Be Classed As A Hate Crime? – Rights Info
‘Everyone has the right to life, liberty, and security of person, according to Article 3 of the United Nations Declaration of Rights.’
Rights Info, 22nd January 2018
Source: rightsinfo.org
Make misogyny a hate crime and ‘upskirting’ illegal, UK report recommends – The Guardian
‘Misogyny should become a hate crime and taking photos up women’s skirts be made illegal, a major report into the way the legal system protects women has recommended.’
The Guardian, 23rd January 2018
Source: www.theguardian.com
The EU gave LGBT people protection. Without it, we face persecution again – The Guardian
‘The EU withdrawal bill undermines the rights of all UK citizens – but it is especially disastrous for the LGBT community.’
The Guardian, 22nd January 2018
Source: www.theguardian.com
