‘Doctors have been told to continue providing life-support treatment to a terminally ill baby at the centre of a high-profile legal battle for another three weeks – to give judges at the European court of human rights time to analyse the case.’
The Guardian, 19th June 2017
Source: www.theguardian.com
‘Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism. Both bring experience at the coalface of this field, May as former Home Secretary, and Starmer as former DPP responsible for the prosecution of terrorist cases. Who is right? There is no point in pretending that human rights do not present legal constraints on counterterrorism powers. Nevertheless, the constraints that do exist are certainly not as restrictive as rights opponents would like us to believe. Moreover, it is crucial to distinguish between legal constraints, and the notion that these constraints constitute practical impediments on the effective prevention and punishment of terrorism. The debate is full of confusion between the two. This post will deal only with the first question of legal constraints, as the second is a matter of empirical proof. Before we can proceed with the normative project of changing human rights protections, a process that has far wider implications for human rights in general and our liberal democratic culture, any government has to provide persuasive evidence that human rights do in fact stand in the way of security. The present government, for as long as it lasts, would also need to dispose of the charge that a 13 % reduction in police numbers over the last six years is less significant in the fight against terror, than the human rights constraints that guide police action.’
UK Constitutional Law Association, 15th June 2017
Source: ukconstitutionallaw.org
‘Was it unlawful for the Secretary of State for Health, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident in Northern Ireland, to undergo a termination of pregnancy under the NHS in England free of charge?’
UK Human Rights Blog, 15 June 2017
Source: ukhumanrightsblog.com
‘R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42. The Government’s flagship scheme to deport foreign criminals first and hear their appeals later was ruled by the Supreme Court to be incompatible with the appellants’ right to respect for their private and family life.’
UK Human Rights Blog, June 15th 2017
Source: ukhumanrightsblog.com
‘Today marks 6 years since the UN Human Rights Council adopted the Guiding Principles on Business and Human Rights. To celebrate, we are looking at three fantastic things the UK has done to ensure that businesses respect human rights, and two areas where it could vastly improve.’
Rightsinfo, 16th June 2017
Source: rightsinfo.org
‘The Home Office’s “deport first, appeal later” policy for removing foreign criminals has been ruled unlawful by the supreme court.’
The Guardian, 14th June 2017
Source: www.theguardian.com
‘The European court of human rights is due to decide on Tuesday whether it will hear legal arguments from the family of a severely ill baby who want him to be sent to the US for treatment.’
The Guardian, 13th June 2017
Source: www.theguardian.com
‘Lavender J in MLIA & CLEL v Chief Constable of Hampshire [2017] EWHC 292 (QB) has offered helpful guidance on the application of the limitation defence for human rights claims, in a case which failed to meet the threshold for engaging the investigative duty under Articles 3 and 8 of the Convention.’
UK Police Law Blog, 11th June 2017
Source: ukpolicelawblog.com
‘Doctors in London must continue to treat a terminally ill baby at the centre of a life-support legal battle until midnight on Tuesday, judges at the European court of human rights have said.’
The Guardian, 9th June 2017
Source: www.theguardian.com
‘Google, Facebook, Twitter and other intermediaries increasingly face a broadly united front of protest. Is it time to regulate? asks Richard Spearman QC.’
Counsel, June 2017
Source: www.counselmagazine.co.uk
‘The prime minister’s kneejerk proposal to rip up laws to fight the growing terrorist threat is a dangerous distraction.’
The Guardian, 7th June 2017
Source: www.theguardian.com
‘The issues relating to imprisonment of individuals with mental health problems in the UK has attracted considerable attention, as the number of self-inflicted deaths has risen to the highest number since records began in 1978. With a rate of one prison suicide every three days, the director of the Howard League described the current rate as having reached “epidemic proportions”. The steady rise of deaths in custody has prompted a series of inquiries in recent years, and has drawn scrutiny from UN bodies and Special Procedures, and more recently, UN Member States as part of a periodic review of its human rights performance. However, despite this, little progress has been made.’
UK Human Rights Blog, 7th June 2017
Source: ukhumanrightsblog.com
‘A natural father need not be given a copy of a notice of care proceedings where this would create a risk for the mother, HHJ Bellamy has ruled in the Family Court.’
Local Government Lawyer, 6th June 2017
Source: www.localgovernmentlawyer.co.uk
‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’
Nearly Legal, 6th June 2017
Source: nearlylegal.co.uk
‘Theresa May has declared she is prepared to rip up human rights laws to impose new restrictions on terror suspects, as she sought to gain control over the security agenda just 36 hours before the polls open.’
The Guardian, 6th June 2017
Source: www.theguardian.com
‘Paola Fudakowska & Henrietta Mason provide a wills & probate update.’
New Law Journal, 19th May 2017
Source: www.newlawjournal.co.uk
‘The relatives of two inmates who killed themselves at a prison with the highest rate of self-inflicted deaths in England and Wales have lost a high court case calling for action to protect prisoners.’
The Guardian, 23rd May 2016
Source: www.guardian.co.uk
‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’
Free Movement, 19th May 2017
Source: www.freemovement.org.uk
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