Trans women are being forced to get divorced just to claim their pension – The Independent

‘Where an individual is recognised by the state in her passport and driving licence as a woman, why should she be required to end her marriage just to claim the pension that is rightfully hers?’

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The Independent, 11th August 2016

Source: www.independent.co.uk

CA orders release of court judgment on Ellie Butler’s death – UK Human Rights Blog

‘C (a child) [2016] EWCA Civ 798. This is the most recent in the long series of legal steps touching on the violent career of Ben Butler, recently convicted of the murder of his daughter, Ellie.’

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UK Human Rights Blog, 9th August 2016

Source: www.ukhumanrightsblog.com

Escaping “the jungle” must be done in an orderly manner – UK Human Rights Blog

Posted August 9th, 2016 in appeals, asylum, children, human rights, news, proportionality by sally

‘Four asylum seekers, namely three unaccompanied minors and one disabled adult, were in “the jungle” – the (increasingly permanent) temporary refugee and migrant camp in Calais – since October 2015. Having fled from war-torn Syria, they were trying to join their siblings in the UK. The problem was that the French system for processing asylum claims under EU rules would involve considerable delays and the evidence showed that the conditions in the camp were wholly inadequate: these children experienced physical violence and their medical needs were unmet. So they ignored the EU rules and issued a claim in the UK.’

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UK Human Right Blog, 8th August 2016

Source: www.ukhumanrightsblog.com

Orlando Bloom naked pictures: What privacy rights does the actor have? – The Independent

‘The Independent spoke to a media lawyer about whether Bloom’s legal right to privacy has been invaded by publication of the pictures’

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The Independent, 5th August 2016

Source: www.independent.co.uk

When does the refusal to provide accommodation to an applicant breach Article 3? – Nearly Legal

Posted August 5th, 2016 in housing, human rights, local government, news by sally

‘In R (GS) v Camden LBC [2016] EWHC 1762 (Admin), the High Court was required to consider whether a Swiss national, who was not present in the UK lawfully, was entitled to accommodation under the Care Act 2014 or, alternatively, whether Camden were obliged to provide accommodation under s.1, Localism Act 2011 to avoid a breach of Article 3 of the European Convention of Human Rights. The result – which was positive for GS – is potentially of considerable assistance for similar people.’

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Nearly legal, 3rd August 2016

Source: www.nearlylegal.co.uk

The breaking down of the European Convention on Human Rights, and the UK’s responsibility – George Stafford – UK Human Rights Blog

Posted August 5th, 2016 in brexit, EC law, human rights, international relations, news, referendums by sally

‘Numerous members of the new Government have stated that they want a greater role in the world for a post-Brexit UK, rather than a diminished one. If the Government is to be diplomatically resurgent, what sort of challenges might it wish to confront?.’

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UK Human Rights Blog, 3rd August 2016

Source: www.ukhumanrightsblog.com

Everything You Need To Know About Secrecy In The Family Courts – RightsInfo

‘One of the central principles of the family justice system has long been ensuring the privacy and confidentiality of the families involved. Families going through divorces, child custody proceedings or cases involving child abuse have typically had their identities and the details of their cases protected. But over recent years there has been a rising perception that the family courts are secretive and unaccountable – sparking calls for increased transparency, and raising important questions for human rights.’

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Rightsinfo, 27th July 2016

Source: www.rightsinfo.org

Seen and heard? Children as witnesses in family proceedings – Family Law Week

‘Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child).’

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Family Law Week, 22nd July 2016

Source: www.familylawweek.co.uk

Welsh woman ‘imprisoned by father’ for ‘kissing a guy’ – Daily Telegraph

Posted July 28th, 2016 in embassies, false imprisonment, foreign jurisdictions, human rights, news by sally

‘A 21-year-old Welsh woman who says she has been imprisoned by her father in Saudi Arabia because she “kissed a guy” has asked a British High Court judge for help.’

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Daily Telegraph, 28th July 2016

Source: www.telegraph.co.uk

Hostile environment – Counsel

‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’

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Counsel, August 2016

Source: www.counselmagazine.co.uk

The Human Rights Act helps us hold power to account. We must defend it – The Guardian

‘Protestors like John Catt are being monitored by the state without explanation – except that they ‘could be a victim’ of a future crime. What’s going on?’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

Part 1: the Prevent Duty for Universities – Cloisters

‘In this article I deal with the basics of the legal framework for the Prevent Duty. The simplest way of thinking about the Prevent Duty is visualisation. Imagining that you are the character at which Dirty Harry is pointing his gun in that film while uttering the words: “You’ve got to ask yourself one question: “do I feel lucky?”… Well do you punk?” The government has attempted to shift the publicity and legal risks from itself to the universities by use of the Prevent Duty. On the face of it universities have a dilemma: how to have due regard to the need to prevent people being drawn into terrorism, whilst taking all reasonably practicable steps to ensure free speech and academic freedom.’

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Cloisters, 26th July 2016

Source: www.cloisters.com

Groundbreaking barrister sees race bias claim against BSB thrown out – Legal Futures

‘A barrister who claimed she was the victim of racial discrimination by the Bar Standards Board (BSB) has lost her appeal against a ruling that her case was brought out of time.’

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Legal Futures, 26th July 2016

Source: www.legalfutures.co.uk

Protester, 91, goes to European court over secret police files – The Guardian

‘A 91-year-old whose political activities were covertly recorded by police has won the right to take his legal case to the European court of human rights.’

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The Guardian, 25th July 2016

Source: www.guardian.co.uk

Should asylum seekers take action to avoid persecution on the ground of political opinion incorrectly attributed to them? – UK Human Rights Blog

‘The Court of Appeal dismissed the Secretary of State’s appeal challenging the Upper Tribunal’s decision that MSM would have been at risk on return to Somalia on the ground of political opinion. Exceptionally, the court went on to consider the modification of conduct issue in relation to imputed political opinion on an obiter basis, which gave rise to interesting analysis.’

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UK Human Rights Blog, 22nd July 2016

Source: www.ukhumanrightsblog.com

Sports Direct: Could Human Rights Have Helped? – RightsInfo

‘Could human rights have helped Sports Direct workers? Yes. Read this post to find out why.’

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RightsInfo, 22nd July 2016

Source: www.rightsinfo.org

One Year Since Nicklinson v UK – What Did It Mean For Assisted Dying? – RightsInfo

Posted July 22nd, 2016 in assisted suicide, human rights, news by sally

‘One year ago, the European Court of Human Rights handed down its decision in a UK case on the law of assisted suicide, declaring it inadmissible for the Court’s consideration. The case was brought by Mrs Jane Nicklinson, widow of Tony Nicklinson, and Mr Paul Lamb.’

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RightsInfo, 16th July 2016

Source: www.rightsinfo.org

We Need To Talk About… Prisoner Voting – RightsInfo

Posted July 22nd, 2016 in elections, human rights, news, prisons by sally

‘One of the most heated debates over the role of the European Court of Human Rights, and its relationship with the UK, is the issue of prisoner voting.’

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RightsInfo, 20th July 2016

Source: www.rightsinfo.org

Tasers have no place in mental health care – The Guardian

Posted July 19th, 2016 in bills, firearms, human rights, mental health, news by sally

‘For more than 10 years, Tasers have been used against patents in locked psychiatric settings, without monitoring or investigation. This practice must end.’

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The Guardian, 18th July 2016

Source: www.guardian.co.uk

Whose fair trial prevails? – UK Human Rights Blog

Posted July 18th, 2016 in appeals, conspiracy, fraud, human rights, insurance, news, road traffic by sally

‘Two people say they owned motorbikes which they kept outside their house – until, it is said, the bikes were mown down by the defendant’s car, a collision which their witness claimed to have seen. The car’s insurers said that the claim was fraudulent and it was all a conspiracy. The judge agreed it was a fraud, whereas the Court of Appeal disagreed – but still disallowed the claim because, the CA said, the owners had not proved their case.’

Full story

UK Human Rights Blog, 17th July 2016

Source: www.ukhumanrightsblog.com