Judge backs University of Sheffield in homosexuality comments row – BBC News

‘A university’s decision to expel a student for posting a comment online saying homosexuality was a sin was lawful, a court has ruled.’

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BBC News, 27th October 2017

Source: www.bbc.co.uk

Public Law Podcast Seminar on Radicalisation Part 1: Civil Law and Closed Hearing – UK Human Rights Blog

The first episode from the Public Law Seminar given by members of 1 Crown Office Row is now available for podcast download here or from iTunes under Law Pod UK. Look for Episode 13: Tackling radicalisation through the civil courts.

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UK Human Rights Blog, 26th October 2017

Source: ukhumanrightsblog.com

Youth crime disclosure rules wholly inappropriate, say MPs – BBC News

‘Rules on disclosing crimes committed in childhood in England and Wales should be “radically revised”, say MPs.’

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BBC News, 27th October 2017

Source: www.bbc.co.uk

Lucy Eastwood – “A law on the move: Are Local Authorities vicariously liable for abuse committed by foster parents against children in their care?” – UK Human Rights Blog

‘The law of vicarious liability is on the move” proclaimed Lord Phillips in the last judgment he delivered as President of the Supreme Court: Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, (“the Christian Brothers case”). In a judgment recently handed down by the Supreme Court in the case of Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, His Lordship has been proved correct.’

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UK Human Rights Blog, 23rd October 2017

Source: ukhumanrightsblog.com

No right to assisted death: Conway v Secretary of State for Justice – Cloisters

Posted October 20th, 2017 in assisted suicide, human rights, news by sally

‘In recent years, disabled and terminally ill applicants have brought repeated legal challenges to section 2 of the Suicide Act 1961, which makes it an offence intentionally to do an act capable of encouraging or assisting the suicide or attempted suicide of another. Anna Beale considers Conway v Secretary of State for Justice, the most recent contribution to this difficult and complex area of law.’

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Cloisters, 6th October 2017

Source: www.cloisters.com

Employer had no property claim in its emails or their contents: (1) Capita Plc, (2) Capita Property & Infrastructure Ltd v Darch & Others – Blackstone Chambers

Posted October 20th, 2017 in disclosure, electronic mail, employment, human rights, news, privacy by sally

‘The High Court held that an employer did not have a claim to property in emails or the contents of emails (not limited to those concerning business matters) that were sent by employees from the employer’s email accounts.’

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Blackstone Chambers, 4th October 2017

Source: www.employeecompetition.com

The Great Repeal Bill: What will happen to accrued rights to claim Francovich damages? – Blackstone Chambers

Posted October 20th, 2017 in bills, damages, EC law, human rights, news, repeals by sally

‘In the Miller litigation, the UK Government placed considerable weight upon its intention to enact a “Great Repeal Bill”. As the Supreme Court understood it, such a Bill would “…repeal the 1972 Act and, wherever practical, it will convert existing EU law into domestic law at least for a transitional period” (see the majority judgment at ¶34, see also ¶¶94, 263). Now that the European Union (Withdrawal) Bill has been published, it appears that Francovich damages are an important exception to this intention.’

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Blackstone Chambers, 3rd October 2017

Source: www.blackstonechambers.com

Keir Starmer Talks Human Rights, Brexit, and Everything In-Between – RightsInfo

Posted October 20th, 2017 in brexit, EC law, human rights, news, terrorism by sally

‘Human rights took centre-stage – alongside a healthy dose of politics – at a discussion between Shadow Minister for Brexit Sir Keir Starmer and the BBC’s Jo Coburn this week.’

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RightsInfo, 19th October 2017

Source: rightsinfo.org

Judge sues over lack of whistleblowing protection – The Guardian

Posted October 19th, 2017 in appeals, employment, human rights, judges, news, whistleblowers by sally

‘A judge who has spoken out over the impact of austerity on the justice system has taken a test whistleblowing case to the appeal court.’

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The Guardian, 18th October 2017

Source: www.theguardian.com

Can Social Media Damage Your Right to a Fair Trial? – RightsInfo

Posted October 18th, 2017 in anonymity, contempt of court, human rights, internet, juries, news by sally

‘An impartial jury is an essential part of our right to a fair trial, and the people may only consider evidence which has been lawfully presented in the courtroom.’

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RightsInfo, 18th October 2017

Source: rightsinfo.org

UK courts did not breach man’s right to reputation when dismissing his defamation claims, rules human rights court – OUT-LAW.com

Posted October 17th, 2017 in defamation, human rights, internet, news, publishing by sally

‘Courts in the UK did not breach their obligation to protect a budding politician’s right to respect for his reputation when it dismissed his claim for allegedly defamatory comments published about him online, the European Court of Human Rights (ECtHR) has said.’

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OUT-LAW.com, 17th October 2017

Source: www.out-law.com

Conscientious objection again: Adyan v Armenia – Law & Religion UK

‘In Adyan and Ors v Armenia [2017] ECHR 882, four Jehovah’s Witnesses had been convicted and imprisoned for refusing to perform either military or alternative civilian service.’

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Law & Religion UK, 16th October 2017

Source: www.lawandreligionuk.com

What’s in a Word? Home Office Lose Torture Definition Case – RightsInfo

‘Last week, the Home Office lost a case over its controversial definition of “torture,” which the High Court ruled was unlawful.’

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RightsInfo, 16th October 2017

Source: rightsinfo.org

High Court rejects motor neurone sufferer’s application to overturn prohibition on assisted suicide – UK Human Rights Blog

Posted October 12th, 2017 in assisted suicide, human rights, news by sally

‘This case concerns the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. See our previous post on it here and here. It follows a line of cases which have addressed that or similar issues, in particular R (Pretty) v Director of Public Prosecutions [2001] UKHL 61; [2002] 1 AC 800 (“Pretty“), R (Purdy) v Director of Public Prosecutions [2009] UKHL 54; [2010] 1 AC 345 (“Purdy“) and R (Nicklinson) v Ministry of Justice [2014] UKSC 38; [2015] AC 657(“Nicklinson“). Permission to bring this judicial review was granted by the Court of Appeal (McFarlane and Beatson LJJ, see [2017] EWCA Civ 275), having earlier been refused by the Divisional Court (Burnett LJ, Charles and Jay JJ) at [2017] EWHC 640 (Admin’

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UK Human Rights Blog, 11th October 2017

Source: ukhumanrightsblog.com

Campaigner for gender-neutral passports wins court challenge – BBC News

Posted October 12th, 2017 in gender, human rights, news, passports by sally

‘A campaigner has been given the go-ahead to bring a High Court challenge against the government over gender-neutral passports.’

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BBC News, 11th October 2017

Source: www.bbc.co.uk

Victims need legally enforceable rights, commissioner says – The Guardian

Posted October 11th, 2017 in criminal justice, human rights, news, victims by sally

‘The victims commissioner, Helen Newlove, has urged the government to guarantee victims legally enforceable rights within the criminal justice system.’

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The Guardian, 11th October 2017

Source: www.theguardian.com

The Universal Credit Row and Our Basic Human Rights – RightsInfo

Posted October 10th, 2017 in benefits, human rights, news, sanctions, social security, women by sally

‘Universal Credit is a new social security benefit that’s currently being rolled out across the UK.

Several politicians and charities – including some within Theresa’s May Government – have asked for the new scheme to be paused or stopped. But how does this relate to our human rights?’

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RightsInfo, 9th October 2017

Source: rightsinfo.org

“Assisted dying” and Article 8 again – Conway v S of S for Justice – Law & Religion UK

‘Mr Noel Conway, who is 67 and suffering from motor neurone disease, has lost the latest round in his bid to allow doctors to prescribe him a lethal dose of drugs when his health deteriorates further. His legal team had argued that he faced a stark and unfair choice: he could either bring about his own death while still physically able to do so, or await death with no control over how and when it came.’

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Law & Religion UK, 5th October 2017

Source: www.lawandreligionuk.com

Can marriage officers refuse to marry same-sex couples? – OUP Blog

Posted October 9th, 2017 in civil servants, equality, human rights, marriage, news by sally

‘Freedom of religion and same-sex equality are not inherently incompatible. But sometimes they do seem to be on a collision course. This happens, for instance, when religiously devout marriage officers refuse to marry same-sex couples. In the wake of legal recognition of same-sex marriage around the world, states have grappled with civil servants who cannot reconcile their legal duties with their religious beliefs.’

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OUP Blog, 9th October 2017

Source: blog.oup.com

Noel Conway: Terminally ill man loses High Court challenge against the law on assisted dying – The Independent

Posted October 6th, 2017 in assisted suicide, declarations of incompatibility, human rights, news by sally

‘A man who is terminally ill with motor neurone disease has lost his High Court challenge to fight for his right to die.
The judgment does confirm, however, that the courts do have the authority to declare current inconsistency with human rights.’

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The Independent, 5th October 2017

Source: www.independent.co.uk