Brexit and the Future of Data Protection – Employment Blog

Posted June 27th, 2016 in appeals, data protection, EC law, human rights, news, privacy, referendums by sally

‘As we all reel in shock at today’s news, thoughts will inevitably turn to how our impending divorce from Europe will impact on the sphere of data protection. Our own data protection laws have of course been profoundly shaped by Europe. Until yesterday, many had assumed that Europe’s control over our data protection laws would in due course become even more intensive, as we journeyed into a world in which the EU Data Protection Regulation reigned supreme across Europe. However, the clocks have stopped. The Regulation is not to become law in the UK. The future of data protection law is therefore necessarily shrouded in mystery.’

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Employment Blog, 24th June 2016

Source: www.employment11kbw.com

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Chagos Islanders’ fate to be decided by top court – The Guardian

‘A decades-long battle by the exiled people of the Chagos Islands to be allowed to return home will reach its conclusion on Wednesday.’

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The Guardian, 26th June 2016

Source: www.guardian.co.uk

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A1P1 and public policy: compensation for not fishing? – UK Human Rights Blog

‘An interesting Court of Appeal decision concerning the science of migratory salmon, and the circumstances in which compensation will be granted when an interference with Article 1 Protocol 1 is found.’

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UK Human Rights Blog, 22nd June 2016

Source: www.ukhumanrightsblog.com

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ECHR: not discriminatory to deny same-sex partner a survivor’s pension – OUT-LAW.com

‘Refusing to retrospectively re-write national laws to reflect the “evolving” legal recognition of same-sex couples is not discriminatory, the European Court of Human Rights (ECHR) has confirmed.’

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OUT-LAW.com, 20th June 2016

Source: www.out-law.com

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Yes but No – Article 8 and the private sector – Nearly Legal

‘The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of Appeal decision (our note here) was frankly unsatisfactory, so finality from the Supreme Court was desirable.’

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Nearly Legal, 19th June 2016

Source: www.nearlylegal.co.uk

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Doctors could be prosecuted for gender-based abortion following British lawyers appeal to European Court of Human Rights – Daily Telegraph

‘Doctors who aborted foetuses based on their gender could finally be successfully prosecuted after British lawyers launched an appeal to the European Court of Human Rights calling for a reform of abortion law.’

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Daily Telegraph, 18th June

Source: www.telegraph.co.uk

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Seven Important Ways Human Rights Laws Are Protecting Older People – RightsInfo

Posted June 17th, 2016 in elderly, human rights, news by tracey

‘Today is World Elder Abuse Awareness Day. There are now 11.4 million people aged 65 or over in the UK – nearly 1/5 of the population. Over 500,000 elderly people are abused in the UK every year. But human rights can protect older people in a number of ways.’

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Rightsinfo, 15th June 2016

Source: www.rightsinfo.org

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Supreme Court rejects HRA over private tenancy – Law Society’s Gazette

Posted June 17th, 2016 in compulsory purchase, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court has ruled that private tenants cannot rely on the right to a private and family life under the European Convention on Human Rights to challenge a mandatory possession order.’

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Law Society’s Gazette, 16th June 2016

Source: www.lawgazette.co.uk

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Business And Human Rights… More Than Lofty Rhetoric? – RightsInfo

‘This Thursday, it will be five years since the United Nations Human Rights Council first adopted the UN Guiding Principles on Business and Human Rights. This post argues that while the UK has demonstrated its commitment to these principles and the protection of human rights in business, there is still room for improvement.’

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RightsInfo, 13th June 2016

Source: www.rightsinfo.org

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Staffordshire County Council v K and others – WLR Daily

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

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Hillsborough: the key lessons for our justice system – Law Society’s Gazette

‘What can lawyers learn from the tortuous 27-year struggle for justice?

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Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk

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Is there a human right to the city? Rethinking the politics of rights – OUP Blog

Posted June 9th, 2016 in housing, human rights, local government, news, rent by sally

‘What gives you the right? We are familiar with rights claiming, it comes easily to our lips when we believe we are entitled to something—to respect, to our fair share. Rights are fighting words. We invoke them when we have been wronged, when a situation has become intolerable. Rights claims are a way of fighting for control.’

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OUP Blog, 9th June 2016

Source: www.blog.oup.com

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Human Rights and Property Litigation: some general concepts – Falcon Chambers

‘In this talk we introduce you to some of the concepts that you need to be familiar with when dealing with human rights under the European Convention of Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).’

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Falcon Chambers, May 2016

Source: www.falcon-chambers.com

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Human Fertilisation and Embryology Act Incompatible with Convention Rights – Cloisters

‘Catriona Stirling considers the case of Z (a child) (No.2) [2016] EWHC 1191 (Fam), in which Sir James Munby, President of the Family Division, has made a declaration under s.4 of the Human Rights Act 1998 (HRA) that s. 54(1) of the Human Fertilisation and Embryology Act 2008 (HFEA) is incompatible with Article 8 together with Article 14 of the European Convention on Human Rights.’

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Cloisters, 26th May 2016

Source: www.cloisters.com

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Free Speech Explained In 5 Human Rights Cases – RightsInfo

Posted June 2nd, 2016 in freedom of expression, human rights, judgments, news by sally

‘Freedom of speech, often called freedom of expression, is thought of by many as the cornerstone of a liberal democracy.’

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RightsInfo, 26th May 2016

Source: www.rightsinfo.org

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The Immigration Act 2016 In Plain English – RightsInfo

Posted June 2nd, 2016 in human rights, immigration, legislation, news by sally

‘On 12 May 2016, the Immigration Act 2016 came into force, making it officially UK law. The Act focusses on illegal migration and punitive measures for those who don’t “play by the rules”. It’s a massive new law and brings with it major revisions of the immigration system. Here are the key changes in plain-English.’

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RightsInfo, 31st May 2016

Source: www.rightsinfo.org

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Examining the effectiveness of celebrity injunctions – Halsbury’s Law Exchange

‘Is the Supreme Court’s decision in PJS v NGN [2016] UKSC 26, [2016] All ER (D) 135 (May), as Lord Toulson suggests, out of touch with reality? Sara Mansoori, barrister at Matrix Chambers, considers the wider consequences of the case and suggests that even when information is in the public domain, the law of privacy can prevent repetition of that information where such repetition can cause unwarranted distress.’

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Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexhange.co.uk

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Senior EU lawyer backs workplace ban on Muslim headscarves – The Guardian

‘Companies should be free to ban Muslim women from wearing headscarves at work if they have a general policy barring all religious and political symbols, a senior EU lawyer has said.’

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The Guardian, 31st May 2016

Source: www.guardian.co.uk

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Serial killer Joanna Dennehy loses claim her human rights are being violated – The Independent

Posted May 27th, 2016 in detention, human rights, murder, news, prisons by tracey

‘Serial killer Joanna Dennehy has lost her High Court claim that she is entitled to damages for human rights violations after being placed in solitary confinement in jail.’

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The Independent, 26th May 2016

Source: www.independent.co.uk

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Father should be allowed to apply for parental responsibility following surrogacy – UK Human Rights Blog

‘Z (A Child) (No 2) [2016] EWHC 1191 (Fam) 20 May 2016. The Court of Protection has granted an order for a declaration of incompatibility with Convention rights of a section in the Human Fertilisation and Embryology Act on grounds of discrimination.’

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UK Human Rights Blog, 25th May 2016

Source: www.ukhumanrightsblog.com

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