Is the Government’s recent Trade Union bill compliant with the European Convention on Human Rights? – Cloisters

Posted August 27th, 2015 in bills, consultations, human rights, news, trade unions by sally

‘In what has been billed as the biggest crackdown on trade union rights for 30 years, the Conservative government have published a draft Trade Union Bill along with three separate consultation documents on ballot thresholds in important public services, hiring agency staff during industrial action and tackling intimidation of non-striking workers.’

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Cloisters, 4th August 2015

Source: www.cloisters.com

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Regina (Rowe and others) v Revenue and Customs Commissioners – WLR Daily

Posted August 27th, 2015 in human rights, income tax, law reports, notification, partnerships, ultra vires by sally

Regina (Rowe and others) v Revenue and Customs Commissioners [2015] EWHC 2293 (Admin); [2015] WLR (D) 369

‘Partner payment notices issued by the Revenue and Customs Commissioners under paragraph 3(3) of Schedule 32 to the Finance Act 2014 were not unlawful.’

WLR Daily, 31st July 2015

Source: www.iclr.co.uk

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Emily Thornberry MP – Human rights conventions: when some are more equal than others? – UK Human Rights Blog

Posted August 24th, 2015 in appeals, benefits, bills, children, human rights, news, Supreme Court by sally

‘When a legal challenge to one of the coalition Government’s flagship welfare reforms – an overall cap of £26,000 per year on the amount any family could receive in benefits – was reviewed by the Supreme Court earlier this year, the resulting judgment left many observers scratching their heads. Had the Court declared the cap unlawful or not? The answer seemed to be a mixture of yes and no.’

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UK Human Rights Blog, 24th August 2015

Source: www.ukhumanrightsblog.com

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Calais migrant crisis—what are the human rights obligations of member states? – Halsbury’s Law Exchange

Posted August 24th, 2015 in asylum, EC law, human rights, immigration, news by sally

‘As the Calais migrant crisis continues, Greg Ó Ceallaigh, barrister at Garden Court Chambers, explains the human rights obligations of member states involved.’
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Halsbury’s Law Exchange, 21st August 2015

Source: www.halsburyslawexchange.co.uk

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Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) – WLR Daily

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) [2015] EWCA Civ 888; [2015] WLR (D) 365

‘Notwithstanding that concerns might be expressed in many parts of Europe about the law and practice in England and Wales in relation to non-consensual adoption where care proceedings involving foreign nationals were in contemplation, domestic law was not incompatible with the United Kingdom’s international obligations or, specifically, its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

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Is taking drugs a human right? A cross-party group of MPs and peers think so – The Independent

‘Taking drugs is a human right, according to a cross-party group of MPs and peers who want to legalise the possession, purchase and growing of drugs.’

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The Independent, 19th August 2015

Source: www.independent.co.uk

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The European Court of Human Rights Uncovered – UK Human Rights Blog

Posted August 17th, 2015 in human rights, news, statistics by sally

‘The European Court of Human Rights Uncovered: What it does, who it protects, why it matters.’
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UK Human Rights Blog, 14th August 2015

Source: www.ukhumanrightsblog.com

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Lord Janner child sex abuse charges: Former Labour MP expected to appear in court – The Independent

‘Lord Janner is expected to appear in court to face child abuse charges after his lawyers lost a High Court bid to prevent him having to attend.’

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The Independent, 14th August 2015

Source: www.independent.co.uk

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Three Years On: Same Question, Different Answer? ‘Is There a Legal Right to Gay Marriage?’ – Family Law Week

Posted August 13th, 2015 in homosexuality, human rights, marriage, news by sally

‘Andrew Commins, barrister of St John’s Chambers, considers the ECtHR judgment in Oliari v Italy and its wider implications.’

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Family Law Week, 24th July 2015

Source: www.familylawweek.co.uk

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Lord Janner child sex abuse charges: Making peer attend court would breach his human rights, lawyers argue – The Independent

‘Lord Janner should not appear in court to answer charges of child sex abuse because it would be a breach of his human rights, his lawyer has argued.’

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The Independent, 11th August 2015

Source: www.independent.co.uk

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UK prisons inspector seeks time limits on detention of migrants without trial – The Guardian

‘The chief prisons inspector has called for time limits on the detention of migrants without trial after fresh warnings of a significant deterioration in conditions at an immigration removal centre for women.’

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The Guardian, 12th August 2015

Source: www.guardian.co.uk

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Lord Janner lawyers challenge court attendance ruling – The Guardian

Posted August 11th, 2015 in child abuse, elderly, human rights, news, trials by sally

‘A high court judge will consider whether it was unlawful to order dementia sufferer Lord Janner to appear in court in person to face child sexual abuse charges.’

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The Guardian, 11th August 2015

Source: www.guardian.co.uk

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On fairness and principle: the legacy of ZZ re-examined – Michael Rhimes – UK Human Rights Blog

‘Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776 (21 July 2015). In my last post on UKHRB I commented on developments in UK, ECHR and EU jurisprudence relating to procedural fairness in the context of national security.
The developments in this recent case offer some further interesting thoughts on the topic.’

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UK Human Rights Blog, 6th August 2015

Source: www.ukhumanrightsblog.com

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The legal fog of war among the people – UK Human Rights Blog

Posted August 6th, 2015 in appeals, armed forces, detention, human rights, international law, news by sally

‘The Court of Appeal has held that UK armed forces breached both Afghan law and Article 5 of the ECHR by detaining a suspected Taliban commander for longer than the 96 hours permitted by ISAF policy.’

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UK Human Rights Blog, 5th August 2015

Source: www.ukhumanrightsblog.com

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The Right to Die – London Review of Books

Posted August 6th, 2015 in assisted suicide, bills, human rights, news by sally

‘When suicide was decriminalised in 1961, assisting suicide continued to be a crime. This was in part an acceptance of the theological view of suicide as murder, but it was also a recognition of the difficulty in many cases, with the main actor by definition unable to testify, of distinguishing assisted dying from culpable homicide. The simple binary system that resulted, however, failed to take account of cases in which the deceased’s wish to die was explicit, considered and rational, and the need for help in accomplishing it demonstrable.’

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London Review of Books, 27th August 2015

Source: www.lrb.co.uk

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When can the courts rule on the legality of future behaviour? – UK Human Rights Blog

‘This case concerned the application of the law in relation to future conduct, in particular, the role of the judicial review procedure in determining what precisely is meant by the prohibition on the selling of live animals under the Pet Animals Act 1951.’

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UK Human Rights Blog, 4th August 2015

Source: www.ukhumanrightsblog.com

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Regina (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) – WLR Daily

Regina (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) [2015] UKSC 57; [2015] WLR (D) 342

‘The settlement criterion, which precluded persons with discretionary leave to remain in the United Kingdom from eligibility to receive student loans within the meaning of the Education (Student Support) Regulations 2011, discriminated unlawfully against a person with such leave who had lived and been educated in England for most of her life and was integrated into United Kingdom society.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

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The Something Must Be Done Bill, Calais edition – Nearly Legal

Posted August 4th, 2015 in housing, human rights, immigration, landlord & tenant, news by sally

‘The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on perilous journeys across continents and are currently sleeping under an old tarpaulin. Nothing is more likely to make such desperate, traumatised people turn their faces from England, pick up their tarpaulins and walk away into France than knowing they will not get the security of occupation offered by Housing Act 1988 or Protection from Eviction Act 1977.’
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Nearly Legal, 3rd August 2015

Source: www.nearlylegal.co.uk

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Supreme Court: a right to a student loan? – UK Human Rights Blog

Posted August 4th, 2015 in appeals, education, human rights, immigration, news, Supreme Court, universities by sally

‘Ms Tigere is 20. She arrived in the UK from Zambia when she was 6. She did very well at school. In 2013, she applied for a student loan to fund a university place.’

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UK Human Rights Blog, 3rd August 2015

Source: www.out-law.com

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The Right to be Forgotten and the County Court – Panopticon

‘The right to be forgotten is beginning to generate some litigation, albeit not yet with any blaze of glory. Following on from the attempt to judicially review the ICO for refusing to try and enforce an individual’s complaint that his data rights were being breached (see here), earlier this week a claimant failed to get his right to be forgotten claim to fly before the Nottingham County Court.’

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Panopticon, 31st July 2015

Source: www.panopticonblog.com

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