Category: human rights

Merris Amos: Red Herrings and Reductions: Human Rights and the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted October 4th, 2017 in bills, EC law, human rights, news by sally

‘When Parliament resumes next week, the EU (Withdrawal) Bill will be entering its Committee stage in the House of Commons. Whilst a variety of issues were raised during the Second Reading debates, the treatment of the EU Charter of Fundamental Rights caused particular concern. The purpose of this post is to clarify the status granted by the Bill to the human rights protected by the Charter after exit day, and to consider how the human rights protected by the Charter might continue to enjoy effective protection when retained EU law is converted into domestic law.’

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UK Constitutional Law Association, 4th October 2017

Source: ukconstitutionallaw.org

Three Stories That Prove Just How Essential The Human Rights Act Is – RightsInfo

Posted October 3rd, 2017 in human rights, legislation, news by sally

‘After coming into force in October 2000, the Act enshrines many of our most valuable and essential rights into UK law. Without it, it would be much harder to access justice, equality and fair treatment.’

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RightsInfo, 2nd Octboer 2017

Source: rightsinfo.org

The felling of protest? – UK Police Law Blog

Posted October 2nd, 2017 in contracting out, demonstrations, environmental protection, human rights, injunctions, local government, news, statutory duty, trees, trespass by sally

‘In Sheffield City Council v Fairhall [2017] EWHC 2121 (QB), the Court has been asked to consider the extent to which the decision in DPP v Jones [1999] UKHL 5; [1999] 2 AC 240 can be relied upon as a right to conduct peaceful but disruptive protest on the highway.’

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UK Police Law Blog, 30th September 2017

Source: ukpolicelawblog.com

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

Posted September 29th, 2017 in appeals, civil procedure rules, costs, documents, electronic mail, human rights, law firms, litigants in person, negligence, news, proportionality, service, Supreme Court by sally

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

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Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Let’s be clear: “Right to die” and “Withdrawal of treatment” are not the same – Transparency Project

Posted September 28th, 2017 in assisted suicide, consent, euthanasia, human rights, medical treatment, news by sally

‘The recent judgment of Mr Justice Peter Jackson that doctors and relatives do not always need to consult the court before withdrawing medical treatment from a terminally ill patient has been reported under headlines labelling it a “right to die” case. This is wrong and risks conflating two quite different situations in the lay reader’s mind.’

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Transparency Project, 24th September 2017

Source: www.transparencyproject.org.uk

Javier Garcia Oliva: Why the Constitutional Treatment of Religion in Great Britain Matters in Religious Disputes – UK Constitutional Law Association

Posted September 27th, 2017 in children, Christianity, Church of England, constitutional law, fostering, human rights, Islam, local government, news, Sikhism, social services by sally

‘Two high profile cases concerning the approach of public authorities towards religion and identity, where the care and future of looked after children were concerned, have featured this summer.’

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UK Constitutional Law Association, 26th September 2017

Source: ukconstitutionallaw.org

Do You Have a Right Not to be Expelled From School? – RightsInfo

Posted September 21st, 2017 in education, human rights, news, school children, school exclusions by sally

‘If you’re a conscientious and polite pupil, the chances are you’ve never even thought you could get expelled from your school. However, just when is a school allowed to show you the door?’

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RightsInfo, 20th September 2017

Source: rightsinfo.org

Why Isn’t Fat Shaming Officially Discrimination in Law? – Rightsinfo

Posted September 18th, 2017 in disability discrimination, EC law, equality, human rights, legislation, news by sally

‘When people complain about mistreatment at work or school based on their weight, many of us feel great sympathy, so why isn’t weight discrimination unlawful in the same way as racism, for example, or gender discrimination?’

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Rightsinfo, 18th September 2017

Source: rightsinfo.org

Crime agency admits acting illegally in death penalty case – Law Society’s Gazette

Posted August 31st, 2017 in death penalty, disclosure, evidence, foreign jurisdictions, human rights, national crime agency, news by sally

‘The National Crime Agency (NCA) has admitted acting unlawfully in assisting Thai police investigate, arrest and convict two Burmese men sentenced to death for the murder of two British backpackers. Campaigners against the death penalty said the disclosure raises questions about the UK cooperation with authorities in countries with dubious human rights records.’

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Law Society's Gazette, 30th August 2017

Source: www.lawgazette.co.uk

Britain can only deport foreign terrorists to two countries at a time, report says – Daily Telegraph

Posted August 29th, 2017 in deportation, human rights, news, reports, terrorism by sally

‘Britain can only deport foreign terrorists hiding behind human rights laws to two countries at a time because the process is too expensive, a long-awaited review has revealed.’

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Daily Telegraph, 28th August 2017

Source: www.telegraph.co.uk

Children: Public Law Update (August 2017) – Family Law Week

Posted August 23rd, 2017 in adoption, appeals, care orders, case management, children, disclosure, enforcement, families, family courts, fostering, human rights, jurisdiction, local government, medical treatment, news, placement orders, public interest immunity, social services by sally

‘John Tughan QC of 4 Paper Buildings reviews a range of recent important public law cases.’

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Family Law Week, 9th August 2017

Source: www.familylawweek.co.uk

Fighting for freedom? The historic and future relationship between conservatism and human rights – Sir Michael Tugenhat

Posted August 22nd, 2017 in human rights, judges, reports, treaties by sally

Fighting for freedom? The historic and future relationship between conservatism and human rights (PDF)

Sir Michael Tugendhat

Bright Blue, August 2017

Source: www.brightblue.org.uk

Parks police dismissal does not engage article 8 – UK Police Law Blog

Posted August 16th, 2017 in employment, human rights, international courts, local government, London, news, parks, police, redundancy, statutory interpretation, unfair dismissal by sally

‘The recent case of Vining & Ors v London Borough of Wandsworth [2017] EWCA Civ 1092 represents an attempt to circumvent restrictions on certain types of officers from enjoying employment law rights – in a claim of unfair dismissal and for a protective award in respect of an alleged failure in collective consultation relating to their redundancies.’

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UK Police Law Blog, 15th August 2017

Source: ukpolicelawblog.com

Nigerian gay rights activist wins UK asylum claim after 13-year battle – The Guardian

Posted August 14th, 2017 in appeals, asylum, homosexuality, human rights, immigration, news, refugees by sally

‘The Home Office has granted refugee status to a prominent Nigerian LGBT activist, ending a 13-year battle over her right to remain in the UK.’

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The Guardian, 14th August 2017

Source: www.theguardian.com

Why a computer could help you get a fair trial – The Guardian

Posted August 14th, 2017 in computer programs, data protection, EC law, human rights, international courts, judges, judgments, news by sally

‘Recent research suggests that AI could make a valuable contribution to the judicial process.’

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The Guardian, 13th August 2017

Source: www.theguardian.com

What Does the New Data Protection Bill Mean for Human Rights? A Q&A of Everything You Need to Know – Rightsinfo

Posted August 11th, 2017 in bills, data protection, human rights, news by sally

‘The UK government recently released their proposals for a new UK Data Protection Bill. However, since much of the Bill will simply copy EU law into UK law, how important are the Data Protection Bill proposals to human rights?’

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Rightsinfo, 9th August 2017

Source: rightsinfo.org

Prevent Duty Guidance withstands “clamorous” criticism – Marina Wheeler QC – UK Human Rights Blog

Posted August 7th, 2017 in data protection, freedom of expression, human rights, investigatory powers, Islam, news, privacy, statutory interpretation, terrorism, universities by sally

‘In the wake of the London and Manchester attacks, the government’s counter-terrorism strategy is increasingly in the news and under scrutiny. Radicalisation is a difficult concept to map on to a system like ours, which separates the definition of criminal behaviour and punishment from civil sanctions. In this week’s podcast, Marina Wheeler discusses some of the ways the law is trying to cope (Law Pod UK Episode 8, available on Monday 7 August). She and others from 1 Crown Office Row will be discussing this and related issues at a seminar on Monday 11 September. You will find full details at the end of this post.’

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UK Human Rights Blog, 5th August 2017

Source: ukhumanrightsblog.com

Supreme Court overturns dismissal of appeal because of failure to pay judgment sum into court – Litigation Futures

Posted August 3rd, 2017 in appeals, human rights, news, payment into court, third parties by sally

‘A Court of Appeal judge was wrong to end an appeal because the appellant company had not complied with a condition to pay the judgment sum into court first and he thought its wealthy owner could have paid instead, the Supreme Court has ruled.’

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Litigation Futures, 3rd August 2017

Source: www.litigationfutures.com

London borough wins appeal over housing policy favouring working families – Local Government Lawyer

Posted August 2nd, 2017 in appeals, disability discrimination, equality, families, housing, human rights, local government, London, news by sally

‘The London Borough of Ealing has won an appeal over to its policy of reserving certain homes for “working families” and “model tenants”.

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Local Government Lawyer, 2nd August 2017

Source: localgovernmentlawyer.co.uk

Controlled drugs, religion and Article 9: Beneficent Spiritist Center União Do Vegetal – Law & Religion UK

Posted July 31st, 2017 in drug offences, human rights, licensing, news, treaties by sally

‘The Beneficent Spiritist Center União do Vegetal is a religion with Christian and reincarnationist foundations; its declared objective to contribute to the spiritual development of the human being and the improvement of his or her intellectual qualities and moral virtues, without distinction of race, sex, creed, social class or nationality. In its rituals it uses hoasca tea (also known as ayahuasca). The tea is prepared from two Amazonian plants: the Mariri vine (Banisteriopsis caapi) and the leaves of the Chacrona bush (Psicotria viridis). In the União do Vegetal (UDV), hoasca tea is also known as “vegetal”; and the congregations drink it for the purpose of mental concentration. The plant materials from which the tea is made contain dimethyltryptamine (DMT), a class A controlled drug under the Misuse of Drugs Act 1971 [1-3].’

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Law & Religion UK, 31st July 2017

Source: www.lawandreligionuk.com