‘Marie Crawford, barrister of Becket Chambers, considers one of the most significant developments in relation to child abduction cases in the last thirty years.’
Family Law Week, 11th June 2015
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.
UK Constitutional Law Association, 18th June 2015
‘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.
UK Human Rights Blog, 4th June 2015
‘The UK’s democratic liberties are the envy of the world. They are also precarious. We have no written constitution, and the unwritten traditions on which we rely instead are increasingly being called into question. Human rights, the monarchy, Europe, the sovereignty of Parliament, the formation of governments – are there any first principles on which we can agree? On the eve of the 800th anniversary of Magna Carta, Andy McSmith kicks off a week-long series on a subject of vital national importance’.’
The Independent, 7th June 2015
‘Today, 2nd June, Lord Dholakia is presenting a Bill to Parliament with a view to raising the minimum age of criminal responsibility. Details of the proposal have not yet been released, but raising the age from 10 to 14 or 15 would be in line with recommendations from the United Nations. England and Wales (and Northern Ireland) currently have one of the lowest ages of criminal responsibility (ACR) in the world at just 10 years old. Scotland’s ACR used to be even lower at 8, until they increased the age to 12 in 2011.’
Halsbury’s Law Exchange, 1st June 2015
‘Deirdre Fotttrell QC of 1 Garden Court Family Law Chambers considers the Supreme Court’s latest deliberations on when and how the provisions of the UN Convention on the Rights of the Child are directly enforceable in English law.’
Family Law Week, 21st May 2015
‘It is very widely believed that the Human Rights Act stops the UK from deporting foreign criminals whence they came. To a limited extent, there is some truth in this. Some appeals against deportation decisions do succeed on human rights grounds. Not many, though, and none succeed because of the Human Rights Act as distinct from the European Convention on Human Rights. Other appeals against deportation succeed under EU law or the Refugee Convention.’
Free Movement, 26th May 2015
‘Sir Brian Leveson, the judge most famous for his report into press ethics, has said he does not consider himself “crushed by the European jackboot” when it comes to applying the European convention of human rights in British courts.’
The Guardian, 24th May 2015
‘The return of a majority Conservative government in last week’s general election in the UK has made the Conservative Party’s plans for reforming human rights law in the United Kingdom a likely prospect. It is recalled that on 3 October 2014, the Conservative Party published its policy document ‘Protecting Human Rights in the UK’ which sets out its proposal to repeal the Human Rights Act 1998 (HRA) and replace it with a new British Bill of Rights. In addition, the policy document also raised the prospect that the UK might withdraw from the European Convention on Human Rights (ECHR).’
UK Constitutional Law Association, 15th May 2015
‘The Conservatives’ manifesto says the party wants to scrap the Human Rights Act. David Cameron has appointed Michael Gove, the former education secretary, to be Justice Secretary. This mean he’ll have most of the responsibility for policy over the area.’
The Independent, 11th May 2015
‘On first glance, this was not a judgment about human rights. It concerned the definition of statelessness under article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, and raised issues of competence and jurisdiction in relation to EU citizenship. Its specific interest for human rights lawyers lies primarily in the observations about the principle of proportionality; and in where the case, which most certainly does raise human rights issues, is likely to go next.
UK Human Rights Blog, 31st March 2015
‘Clive Anderson and guests get behind the political rhetoric to debate the potential impact on the rights of British citizens if the Government carries out a proposal to scrap the Human Rights Act and replace it with a “more British” Bill of Rights.’
BBC Unreliable Evidence, 24th January 2015