Supreme Court on EU and ECHR proportionality – back to basics – UK Human Rights Blog

‘The Supreme Court has reminded us, in a tour de force by Lord Reed, that there is no such thing as one-stop proportionality. It varies between ECHR and EU law, and the tests of EU proportionality then vary according to the nature of the EU issue in play.’

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UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

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The 50 human rights cases that transformed Britain – UK Human Rights Blog

Posted June 26th, 2015 in human rights, news by sally

‘Today, I am delighted to launch a major new RightsInsfo infographic, the 50 Human Rights Cases That Transformed Britain. For the full experience, make sure you access it on a desktop computer.’

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UK Human Rights Blog, 26th June 2015

Source: www.ukhumanrightsblog.com

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Withdrawal of nutrition and hydration would not offend right to life – Strasbourg Court – UK Human Rights Blog

Posted June 24th, 2015 in accidents, human rights, medical treatment, news, personal injuries by sally

‘In an important step away from Pretty v UK, the Grand Chamber of the Strasbourg Court has upheld the right of to die with dignity by ruling that there would be no violation of Article 2 (right to life) of the European Convention on Human Rights if artificial nutrition and hydration were to be withdrawn from a patient in a persistent vegetative state.’

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UK Human Rights Blog, 16th June 2015

Source: www.ukhumanrightsblog.com

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Murderer seeks to overturn ban on secret evidence going to Strasbourg – The Guardian

Posted June 23rd, 2015 in evidence, human rights, intelligence services, media, news, Supreme Court, trials by tracey

‘A convicted murderer who claims he is the victim of a miscarriage of justice is seeking to overturn a ban on secret evidence about the security services being disclosed to European judges. The supreme court’s hearing of the unprecedented case of Wang Yam could add to the strain on the UK’s relationship with the European court of human rights (ECHR).’

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The Guardian, 22nd June 2015

Source: www.guardian.co.uk

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GCHQ spied on two human rights bodies – Daily Telegraph

Posted June 23rd, 2015 in data protection, human rights, intelligence services, news, tribunals by tracey

‘GCHQ spied on two human rights organisations, it has emerged, and breached its own internal policies in how it handled the information.’

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Daily Telegraph, 22nd June 2015

Source: www.telegraph.co.uk

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Terror suspect who won electronic tag case constantly breaches court orders – Daily Telegraph

Posted June 22nd, 2015 in electronic monitoring, human rights, news, terrorism by tracey

‘A terror suspect who won a human rights battle to remove his electronic tag regularly breaches court restrictions on his movements raising fears he could now revive his extremist activities.’

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Daily Telegraph, 21st June 2015

Source: www.telegraph.co.uk

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UK courts are bound by UK rulings, not Strasbourg decisions, says Admin Court – Leanne Woods – UK Human Rights Blog

Posted June 19th, 2015 in compensation, human rights, miscarriage of justice, news by tracey

‘R (Victor Nealon) v Secretary of State for Justice : R (Sam Hallam) v Secretary of State for Justice [2015] EWHC 1565 (Admin), 8 June 2015. As Michael Gove contemplates the future of the Human Rights Act 1998, the High Court has considered how far the presumption of innocence in Article 6(2) ECHR spreads into decisions on payment of compensation for a miscarriage of justice. In doing so, Burnett LJ also managed to find some less than complimentary sentiments about the Strasbourg court’s decision-making.’

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UK HUamn Rights Blog, 19th June 2015

Source: www.ukhumanrightsblog.com

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Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

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Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

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Paul Bernal: Privacy, Surveillance and Brexit…. – UK Constitutional Law Association

An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly in relation to surveillance, does not originate in the UK but in Europe. With the perfect storm of possible ‘Brexit’ and the potential repeal of the Human Rights Act (HRA), that might leave our privacy in an even more precarious state than it currently is. The so-called ‘British Bill of Rights’ has yet to see the light of day: one of the key questions could be what provision it makes for privacy, particularly in relation to the internet and other forms of communications.
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UK Constitutional Law Association, 18th June 2015

Source: www.ukconstitutionallaw.org

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Why do corporate lawyers need to know about human rights? – Halsbury’s Law Exchange

Posted June 17th, 2015 in EC law, human rights, mergers, news, regulations, United Nations by sally

‘Since the adoption of the UN Guiding Principles on Business and Human Rights in 2011, human rights due diligence requirements are progressively finding their way into hard law, for instance, in reporting and compliance regulations. Examples of recent regulatory developments include the EU Directive on non-financial reporting, the UK Modern Slavery Act 2015, and section 1502 of the US Dodd-Frank Act. Proposals relating to mandatory human rights due diligence have been initiated in the EU, France and Switzerland, and the UN Human Rights Council has now appointed an intergovernmental working group to explore the possibility of a binding treaty on business and human rights.’
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Halsbury’s Law Exchange, 17th June 2015

Source: www.halsburyslawexchange.co.uk

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David Cameron orders crackdown on summer surge of FGM cases – The Guardian

‘New laws aimed at preventing young girls being taken abroad to undergo female genital mutilation are to be fast-tracked within weeks, amid fears that the number of cases could soar during the summer holidays.’

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The Guardian, 13th June 2015

Source: www.guardian.co.uk

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Tory plans will destroy human rights across Europe, warns Dominic Grieve – The Guardian

Posted June 12th, 2015 in bills, human rights, news, repeals, treaties by sally

‘It will be impossible to enforce human rights across Europe if the Conservative party carries out its threat to withdraw from the Strasbourg court, the former attorney general Dominic Grieve QC has warned.’

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The Guardian, 11th June 2015

Source: www.guardian.co.uk

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Petition calling for referendum on Human Rights Act attracts more than 235,000 signatures – The Independent

Posted June 12th, 2015 in human rights, news, referendums, repeals by sally

‘A petition calling for a referendum on whether Britain should repeal the Human Rights Act has attracted more than 235,000 signatures as opposition to the Conservative government’s plans to scrap it grows.’

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The Independent, 11th June 2015

Source: www.independent.co.uk

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Naked Rambler makes history with nude court appearance – The Guardian

Posted June 11th, 2015 in appeals, ASBOs, freedom of expression, human rights, news, public order by sally

‘The man known as the Naked Rambler has made legal history by appearing before leading judges in the nude.’

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The Guardian, 9th June 2015

Source: www.guardian.co.uk

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Surge in number of prisoners killing themselves in solitary confinement revealed by report – The Independent

‘The number of prisoners who take their own lives in solitary confinement has reached a nine-year high with the death toll including a man who hanged himself after officers refused to give him a book, a report has disclosed today.’

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The Independent, 9th June 2015

Source: www.independent.co.uk

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Jean Charles de Menezes: European court to hear human rights challenge – The Guardian

‘The family of Jean Charles de Menezes will challenge the decision not to bring charges over his death at the European court of human rights (ECHR) on Wednesday.’

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The Guardian, 10th June 2015

Source: www.guardian.co.uk

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The Round-up: 21/7 bombers in Strasbourg and other news – UK Human Rights Blog

Posted June 9th, 2015 in bills, courts, drug offences, freedom of expression, human rights, news by tracey

‘Three high profile cases concerning the UK government have been granted hearings in the European Court of Human Rights grand chamber, putting the relationship between the government and the ECHR “in the spotlight”.’

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UK Human Rights Blog, 7th June 0215

Source: www.ukhumanrightsblog.com

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Challenge to exceptional funding scheme goes to court – Law Society’s Gazette

Posted June 9th, 2015 in human rights, legal aid, news, official solicitor by tracey

‘A challenge to the government’s safety-net scheme for people denied legal aid because of cuts in scope is to be heard in the High Court tomorrow.’

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Law Society’s Gazette, 9th June 2015

Source: www.lawgazette.co.uk

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On Fantasy Island: British politics, English judges and the European Convention on Human Rights – LSE Public Lecture

Posted June 8th, 2015 in human rights, judiciary, news, speeches, treaties by sally

‘Conor Gearty unpicks the myths, illusions and downright lies that infect political engagement with human rights in Britain – and discussion of the Human Rights Act in particular.’

Listen

LSE Public Lecture, Recorded on 6 November 2014

Source: www.lse.ac.uk

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No call for revolution – UK Human Rights Blog

Posted June 8th, 2015 in courts, human rights, news, treaties by sally

‘Last week the Queen revealed that the newly-elected government had delayed its promised proposals to repeal the Human Rights Act. If this signals a willingness to listen and reflect, rather than an opportunity to bring potential rebels into line, then so much the better. Let us keep talking.
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UK Human Rights Blog, 4th June 2015

Source: www.ukhumanrightsblog.com

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