Category: human rights

Eight Trends and Eight Challenges to the European Court of Human Rights – UK Human Rights Blog

Posted February 18th, 2016 in courts, human rights, news by sally

‘The opening of the Strasbourg Court’s judicial year every January always provides an opportunity for reflection on the themes and challenges which will define the Court’s jurisprudence for the coming year. This year, the theme of the seminar held at the Court to mark that opening was “International and national courts confronting large-scale violations of human rights””. I should like to offer eight predictions as to the other themes which will define the work of the Strasbourg Court this year. Given the Court’s pending caseload is still over 64,000 cases, these predictions are necessarily impressionistic. It will be for readers to judge whether, by this time next year, they have proven accurate.’

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UK Human Rights Blog, 16th February 2016

Source: www.ukhumanrightsblog.com

Freedom, Asylum Seekers, and Two Lots of European Human Rights – UK Human Rights Blog

Posted February 18th, 2016 in asylum, deportation, detention, EC law, human rights, news by sally

‘In this post I will set out the facts, give a quick refresher of the relationship between the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union (Charter). I will conclude with an overview of the decision itself.’

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UK Human Rights Blog, 17th February 2016

Source: www.ukhumanrightsblog.com

Ministers seek to stop procurement boycotts through new guidance – Local Government Lawyer

Posted February 17th, 2016 in hospitals, human rights, Israel, judicial review, local government, news, public procurement, sanctions by michael

‘Public procurement should never be used as a tool to boycott tenders from suppliers based in other countries, “except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government”, ministers have said in new guidance.’

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Local Government Lawyer, 17 February 2016

Source: www.localgovernmentlawyer.co.uk

Shabir Ahmed: Sex gang leader appeals over deportation – BBC News

Posted February 17th, 2016 in appeals, child abuse, citizenship, conspiracy, deportation, human rights, immigration, Islam, news, sexual grooming, sexual offences, tribunals by michael

‘The ringleader of a child sex grooming gang has appealed against deportation from Britain on human rights grounds.’

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BBC News, 16 February 2016

Source: www.bbc.co.uk

Jury Service and the Price of Curiosity – Emma Fenelon – UK Human Rights Blog

Posted February 16th, 2016 in contempt of court, human rights, juries, Law Commission, news, reports by sally

‘Like the 179,000 or so people selected at random from the electoral register each year in England and Wales, in July 2011 Ms. Theodora Dallas was summoned to attend jury service. Along with other jurors summoned that day, she was shown a video about their service, and told by the court’s jury officer that internet research about anyone involved in the trial was not permitted. For good measure, the jury waiting room contained notices stating “You may also be in contempt of court if you use the internet to research details about any cases you hear along with any cases listed for trial at the Court…”. The notices made it clear that contempt of court was punishable by a fine or by imprisonment.’

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UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com

Early guilty pleas: Justice for whom? – UK Human Rights Blog

Posted February 15th, 2016 in bail, budgets, codes of practice, consultations, costs, criminal justice, guilty pleas, human rights, jurisdiction, miscarriage of justice, news, plea bargaining, prosecutions, sentencing by sally

‘New guidelines incentivising people accused of criminal offences in England and Wales to plead guilty as early as possible were proposed last week. While existing rules allow for a maximum one-third reduction in the sentence to those who plead guilty at the ‘first reasonable opportunity’, this benefit is now only available to those who plead guilty at their very first court hearing, with the available reduction falling on a steeper sliding scale thereafter.’

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UK Human Rights Blog, 15th February 2016

Source: www.ukhumanrightsblog.com

GCHQ hacking does not breach human rights, security tribunal rules – The Guardian

Posted February 15th, 2016 in bills, complaints, computer crime, human rights, intelligence services, interception, investigatory powers, news, privacy, telecommunications, tribunals, warrants by sally

‘Hacking of computers, networks and smartphones in the UK or abroad by GCHQ staff does not breach human rights, a security tribunal has ruled.’

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The Guardian, 12th February 2016

Source: www.guardian.co.uk

Cavalier with our Constitution: a Charter too far – UK Human Rights Blog

Posted February 10th, 2016 in constitutional law, EC law, human rights, news, treaties by sally

‘Last week Donald Tusk, President of the European Council, tabled a set of proposals which the government hopes will form the basis of the UK’s renegotiated relationship with the EU, in advance of an in-out referendum. Politically, the proposals may be just the job: a new commitment to enhance competitiveness, proposals to limit benefits to migrants, recognition that member states’ different aspirations for further integration must be respected, and creation of a (“red card”) mechanism to block EU legislation. Legally, however, they raise more questions than they answer.’

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UK Human Rights Blog, 9th February 2016

Source: www.ukhumanrightsblog.com

MPs to use Human Rights Act to claim anonymity if arrested by police – Daily Telegraph

Posted February 8th, 2016 in anonymity, disclosure, human rights, inquiries, media, news, parliament, police, privacy by sally

‘MPs will use human rights laws this week to prevent politicians being named the House of Commons after their arrest.’

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Daily Telegraph, 7th February 2016

Source: www.telegraph.co.uk

Examination of child witnesses not in violation of Article 6 – UK Human Rights Blog

Posted February 5th, 2016 in children, cross-examination, human rights, news, witnesses by sally

‘Mark William Patrick MacLennan v Her Majesty’s Advocate, [2015] HCJAC 128. The High Court has refused an appeal under Article 6 on the lack of effective cross-examination of child witness, but has provided interesting commentary on how such investigations could be better handled in future to meet Strasbourg standards.’

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UK Human Rights Blog, 2nd February 2016

Source: www.ukhumanrightsblog.com

Unjust Kingdom: why legal aid cuts require action and innovation – Halsbury’s Law Exchange

Posted February 3rd, 2016 in budgets, fees, human rights, legal aid, legal profession, legal representation, news by sally

‘In a debate, held on 10 December 2015 (Human Rights Day), Lord Howarth of Newport succinctly summarised the consequences of the legal aid cuts as a; “denial of access to justice, human suffering, failure to achieve the intended savings, and damage to the legal profession.”’

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Halsbury’s Law Exchange, 2nd February 2016

Source: www.halsburyslawexchange.co.uk

Preferring Burnip: Discrimination without justification – Nearly Legal

Posted February 2nd, 2016 in appeals, benefits, children, disabled persons, domestic violence, housing, human rights, news, social security by sally

‘The Court of Appeal tackles the bedroom tax and discrimination again, and, a year on from MA & Ors, there is quite a difference.’

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Nearly Legal, 31st January 2016

Source: www.nearlylegal.co.uk

Heterosexual Civil Partnership Refusal Not A Human Rights Breach – UK Human Rights Blog

Posted February 1st, 2016 in appeals, civil partnerships, equality, families, homosexuality, human rights, marriage, news, proportionality by sally

‘Steinfeld & Anor v The Secretary of State for Education [2016] EWHC 128 (Admin). The High Court has ruled in the case of Steinfeld and Keidan v Secretary of State for Education, a human rights challenge to the law of Civil Partnerships. Mrs Justice Andrews ruled that the current law does not breach the human rights of opposite-sex couples who cannot obtain a Civil Partnership.’

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UK Human Rights Blog, 31st January 2016

Source: www.ukhumanrightsblog.com

Fresh inquest may shed light on mystery Deepcut shootings – The Guardian

Posted February 1st, 2016 in armed forces, evidence, forensic science, human rights, inquests, inquiries, news, suicide by sally

‘Independent inquiry into recruit Cheryl James’s death in 1995 is “milestone” in history of unexplained barracks deaths.’

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The Guardian, 1st February 2016

Source: www.guardian.co.uk

Wearing the veil in schools: the debate continues – UK Human Rights Blog

Posted January 28th, 2016 in education, freedom of expression, human rights, Islam, news by sally

‘Last week the Prime Minister entered into the debate on the wearing of veils by Muslim women in schools. This week, it is the turn of the Chief Inspector of Schools, Sir Michael Wilshire.’

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UK Human Rights Blog, 27th January 2016

Source: www.ukhumanrightsblog.com

Wearing the veil in schools: the debate continues – Education Law Blog

Posted January 27th, 2016 in education, human rights, Islam, news, school children, school exclusions, teachers by sally

‘Last week the Prime Minister entered into the debate on the wearing of veils by Muslim women in schools. This week, it is the turn of the Chief Inspector of Schools, Sir Michael Wilshire. The Chief Inspector has said that:

“The Prime Minister and Secretary of State are right to give their backing to schools and other institutions which insist on removing face coverings when it makes sense to do so.’

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Education Law Blog, 27th January 2016

Source: www.education11kbw.com

Can schools ban the veil? – BBC News

Posted January 27th, 2016 in education, human rights, Islam, news, school children, school exclusions, teachers by sally

‘No-one knows how many adult women in the UK wear the full face covering known as the niqab.’

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BBC News, 26th January 2016

Source: www.bbc.co.uk

UK Government tells High Court: Same-sex couples may be shut out of Article 14 – UK Human Rights Blog

Posted January 26th, 2016 in civil partnerships, homosexuality, human rights, marriage, news, sexual orientation discrimination by sally

‘On 19-20 January, the England and Wales High Court (Mrs. Justice Andrews) heard the judicial review of the ban on different-sex civil partnerships brought by Rebecca Steinfeld and Charles Keidan. It was argued on behalf of the supposedly LGBTI-friendly UK Government (represented by Nicky Morgan, the Secretary of State for Education and Minister for Women and Equalities) that the High Court should follow two anti-LGBTI decisions from 2006.’

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UK Human Rights Blog, 22nd Janaury 2016

Source: www.ukhumanrightsblog.com

Pervert teaching assistant Martyn Minter takes case to European Court of Human Rights – Daily Telegraph

Posted January 25th, 2016 in appeals, child abuse, human rights, indecent photographs of children, news, privacy, school children, sexual offences, video recordings by sally

‘The sports coach – jailed for 18 months after filming young boys in changing rooms – launches human rights case over sex offender register ruling.’

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Daily Telegraph, 23rd January 2016

Source: www.telegraph.co.uk

Doubts raised over UK government’s refusal to permit return to Chagos – The Guardian

Posted January 25th, 2016 in armed forces, Chagos Islands, documents, human rights, indigenous peoples, news by sally

‘For more than half a century the displaced people of the Chagos Islands have sought to return to their home, a collection of coral reefs in the Indian Ocean that constitutes one of the more far-flung outposts of the British empire.’

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The Guardian, 23rd January 2016

Source: www.guardian.co.uk