Courting controversy: the use of trigger warnings in teaching human rights law – The Law Teacher

Posted March 15th, 2024 in education, human rights, legal education, mental health, news, universities by sally

‘This article explores how legal academics approach sensitive topics in human rights law, specifically how content is chosen, curated and discussed with students. It draws on data collected as part of a small pilot study which looked at how human rights academics approach “controversial” topics and how their views on controversy and sensitivity may be reflected in their curriculum. It focuses on the wider debate around trigger warnings in higher education and explores how academics use them. It concludes that, despite their negative reputation, “trigger warnings” can play a necessary and welcome role in navigating sensitive material.’

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The Law Teacher, 1st March 2024

Source: www.tandfonline.com

The UK and the ECHR After Brexit: The Challenge of Immigration Control – EIN Blog

Posted March 15th, 2024 in asylum, brexit, EC law, human rights, immigration, news by sally

‘This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (ECHR) and evaluates the challenges that the UK’s moving away from ECHR compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the ECHR in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the ECHR with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.’

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EIN Blog, 14th March 2024

Source: www.ein.org.uk

Madeline Gleeson & Theodore Konstadinides: The UK’s Rwanda policy and Lessons from Australia- UK Constitutional Law Association

‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’

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UK Constitutional Law Association, 14th March 2024

Source: ukconstitutionallaw.org

Court of appeal decides the secretary of state is wrong, wrong, wrong: the charter applies to people with pre-settled status – Journal of Social Welfare and Family Law

‘Previously in the saga of benefits and pre-settled status (PSS – the status awarded to EU nationals and their family members covered by the Withdrawal Agreement if they have been in the UK less than 5 years), the UK government introduced regulations in 2019 stipulating that PSS awarded under the EU Settlement Scheme was not a sufficient right to reside for EU nationals to pass the habitual residence test when claiming many benefits. These regulations were challenged on the basis that they were discriminatory on the grounds of nationality, and while the Court of Appeal (COA) agreed in Fratila v SSWP [2020] EWCA Civ 1741, the Court of Justice of the European Union (CJEU) found in CG that people with PSS were not protected from nationality discrimination (Case C-709/20 CG v The Department for Communities in Northern Ireland EU:C:2021:602).’

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Journal of Social Welfare and Family Law, 8th March 2024

Source: www.tandfonline.com

Civil servants threaten ministers with legal action over Rwanda bill – The Guardian

‘Civil servants have threatened ministers with legal action over concerns that senior Home Office staff could be in breach of international law if they implement the government’s Rwanda deportation bill.’

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The Guardian, 12th March 2024

Source: www.theguardian.com

Lies, damned lies and fakery – UK Human Rights Blog

Posted March 11th, 2024 in arbitration, banking, foreign jurisdictions, fraud, human rights, judgments, news by tracey

‘Contax Partners inc BVI v Kuwait Finance House and others [2024] EWHC 436 (Comm). Legal news abounds these days with stories of fabricated decisions and authorities generated by ChatGPT and similar AI mechanisms. But there’s nothing like a bit of old-fashioned human plagiarism to tickle the palates, and the full force of a judge’s fury was unleashed on such an attempt recently in the High Court.’

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UK Human Rights Blog, 9th March 2024

Source: ukhumanrightsblog.com

Prisoner describes ‘torture’ of indefinite jail term as he makes landmark public parole bid – The Independent

Posted March 11th, 2024 in human rights, imprisonment, mental health, news, parole, prisons by tracey

‘The first IPP prisoner to have his parole bid held in public has revealed how each day is “torture” serving a sentence with no release date.’

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The Independent, 10th March 2024

Source: www.independent.co.uk

When Treaties are Forbidden – EIN Blog

‘Safe Third Country (STC) agreements involve the transfer of protection-seekers from one State to another. They take different forms, including bilateral treaties (the UK-Rwanda Treaty), political agreements (the Italy-Albania MoU) and regional mechanisms (Dublin III). They are usually justified as a means of sharing responsibility for protecting refugees and ‘managing’ access to asylum determination processes, as is the case for the Canada-US Safe Third Country Agreement. In other contexts their explicit purpose is to deter and to punish.

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EIN Blog, 29th February 2024

Source: www.ein.org.uk

Assisted dying / assisted suicide – an informer – Mental Capacity Law and Policy

‘In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying / assisted suicide on 29 February 2024 and as a modest contribution to informing debate about these issues, I have recorded an ‘informer,’ in which I give an overview of the current law in England & Wales and worldwide, set out some of the reasons why people might want change, and some reasons why people are concerned about it, and then look at what the European Convention on Human Rights and the UN Convention on the Rights of Persons with Disabilities might say of relevance. It is quite a lot for half an hour, and it goes without saying that it is a video which engages with difficult matters.’

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Mental Capacity Law and Policy, 29th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Calls to end the ‘living nightmare’ of indefinite jail terms ahead of crunch Lords debate – The Independent

Posted February 26th, 2024 in bills, criminal justice, human rights, imprisonment, mental health, news, prisons, sentencing by tracey

‘Mental health, human rights and criminal justice experts have made a joint plea for parliament to end the “living nightmare” of indefinite jail terms, following a series of revelations by The Independent. Thousands of prisoners have been left languishing in jail for years longer than their minimum tariff, and with no hope of release, under imprisonment for public protection (IPP) sentences – which were scrapped more than a decade ago amid human rights concerns.’

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The Independent, 26th February 2024

Source: www.independent.co.uk

Removing UK climate protesters’ defence ‘could erode right to trial by jury’ – The Guardian

‘A UK government attempt to remove one of the last remaining defences for climate protesters would be a slippery slope to the erosion of the constitutional right to trial by jury, the court of appeal was told on Wednesday.’

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The Guardian, 21st February 2024

Source: www.theguardian.com

High court rejects legal challenge over UK arms sales to Israel – The Guardian

Posted February 21st, 2024 in government departments, human rights, international law, Israel, news, war, weapons by sally

‘The high court has dismissed a case urging the suspension of UK arms sales to Israel.’

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The Guardian, 20th February 2024

Source: www.theguardian.com

‘Scandalous’ if UK watchdog role left empty when Rwanda plan starts, says inspector – The Guardian

‘The UK’s chief inspector of borders and immigration has called it “scandalous” that his watchdog role could be left vacant while the Rwanda scheme is introduced.’

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The Guardian, 19th February 2024

Source: www.theguardian.com

Good Law Project issues letter before action against Secretary of State over “arbitrary” new Voter ID rules – Local Government Lawyer

‘Campaign organisation Good Law Project has sent a letter before action to the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, regarding his response to a report by the Electoral Commission on the impact of the voter ID requirements.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Home Office plans new protest offences and anti-Zionism is a protected belief – UK Human Rights Blog

‘The Home Office has announced its intention to create new offences relating to actions taken by attendees at protests. The plans include making it an offence to possess flares or pyrotechnics at a protest, to wear a face covering at a protest, and to climb on war memorials. The changes will be added as amendments to the Criminal Justice Bill. The Home Office has emphasised that the new rules are not a blanket ban on face coverings, and only apply where the protester’s intention is to conceal their identity.’

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UK Human Rights Blog, 12th February 2024

Source: ukhumanrightsblog.com

UK’s Rwanda bill ‘incompatible with human rights obligations’ – The Guardian

‘The UK government’s controversial Rwanda legislation that deems the African country as a safe place to deport people to is fundamentally incompatible with Britain’s human rights obligations and places it in breach of international law, according to a damning parliamentary report.’

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The Guardian, 12th February 2024

Source: www.theguardian.com

Detention at Her Majesty’s Pleasure incompatible with young murderers’ human rights – Law Society’s Gazette

‘High Court judges have ruled that to keep a young offender convicted of murder detained indefinitely is incompatible with certain rights under the European Convention on Human Rights.’

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Law Society's Gazette, 12th February 2024

Source: www.lawgazette.co.uk

Royal Marines to fight MoD in court in asbestos claim – BBC News

‘A group of 260 Royal Marines have issued proceedings against the Ministry of Defence (MoD) amid claims they were “knowingly” exposed to asbestos.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk

UK home secretary apologises over unlawful detention of Bahraini activist – The Guardian

Posted February 9th, 2024 in asylum, compensation, detention, government departments, human rights, immigration, news by michael

‘The home secretary, James Cleverly, has apologised and arranged for compensation to be paid to a human rights activist after officials unlawfully detained him at Gatwick airport on his return to the UK from a UN meeting in Switzerland.’

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The Guardian, 8th February 2024

Source: www.theguardian.com

Council of Europe calls on UK not to process asylum claims in Rwanda – The Guardian

Posted February 8th, 2024 in asylum, detention, human rights, news, reports, Rwanda by tracey

‘Europe’s leading anti-torture watchdog has called on the government to process asylum claims in the UK rather than sending people to Rwanda because of the risk they may be exposed to human rights abuses there.’

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The Guardian, 8th February 2024

Source: www.theguardian.com