“Charlie’s law” proposed to allow parents to seek treatment for children abroad – UK Human Rights Blog

Posted January 11th, 2022 in bills, children, consent, medical treatment, news, parental rights by tracey

‘A Private Members’ Bill before parliament which would allow parents of seriously ill children to seek treatment abroad is due to be debated this week. The Access to Palliative Care and Treatment of Children Bill 2019– 21 contains proposals to reform the law in response to recent high profile cases concerning the medical treatment of children (with specific reference to the case of Charlie Gard). The Bill, which has been tabled by palliative care professor Baroness Finlay, would stop judges making orders which prevent parents from taking their child abroad for treatment at any respected medical institution if there is no major risk of harm to them.’

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UK Human Rights Blog, 10th January 2022

Source: ukhumanrightsblog.com

Court of Protection authorises vaccination of autistic boy despite parental objections – Local Government Lawyer

‘The benefits of vaccination against Covid-19 for a child with autism, severe learning disability and asthma “significantly outweigh” the possible risks, the Court of Protection has found, despite objections from the boy’s parents.’

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Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

Does the law on predatory marriage need to change? – Family Law

Posted January 10th, 2022 in consent, elderly, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

Virgin Media fined £50,000 for sending marketing emails without consent – The Independent

Posted December 9th, 2021 in advertising, consent, electronic mail, fines, news by michael

‘Virgin Media has been fined £50,000 for sending marketing emails to customers who had not consented to receiving them, the Information Commissioner’s Office (ICO) said.’

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The Independent, 8th December 2021

Source: www.independent.co.uk

Capacity to engage in sexual relations: the relevance of the partner’s consent – UK Human Rights Blog

‘A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division). The Supreme Court has upheld the Court of Appeal’s decision that to have capacity to engage in sexual relations, a person needs to be able to understand that their sexual partner must have the capacity to consent to the sexual activity and must, in fact, consent before and during the sexual activity.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Supreme Court hands down landmark ruling on capacity to consent to sexual relations – Local Government Lawyer

‘The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 24th November 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: A Local Authority v JB (by his Litigation Friend, the Official Solicitor) [2021] UKSC 52 – UKSC Blog

‘The Respondent commenced proceedings in the Court of Protection seeking declarations under the Mental Capacity Act 2005 as to the Appellant’s capacity to consent to sexual relations. A question arose as to whether the judge should have regard to whether they had capacity to understand that the other person involved must give consent, and did in fact give and maintain consent throughout the act. The judge found that this was not relevant information for the purposes of determining if an individual had capacity to consent to sexual relations under the Act.’

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UKSC Blog, 24th November 2021

Source: ukscblog.com

Does the law on predatory marriage need to change? – Family Law

Posted November 8th, 2021 in consent, families, forced marriages, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 5th November 2021

Source: www.familylaw.co.uk

The killing of Sophie Moss: why did a vulnerable mother’s attacker get such a short sentence? – The Guardian

‘The man who killed Moss was given less than five years in prison, after claiming she consented to being choked. His mitigation? The “rough sex” defence that is no longer supposed to be allowed.’

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The Guardian, 2nd November 2021

Source: www.theguardian.com

Does The Spectrum 10K Autism Study Endanger Human Rights? – Each Other

Posted November 1st, 2021 in autism, children, consent, DNA, human rights, medical ethics, mental health, news by tracey

‘Launched last month, Spectrum 10K is the UK’s largest study into autism to date. But according to campaigners, its ethics are questionable and autistic people are now calling for a boycott.’

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Each Other, 29th October 2021

Source: eachother.org.uk

Research reveals rapes and assaults admitted to by male UK students – The Guardian

Posted October 29th, 2021 in consent, news, rape, sexual offences, statistics, universities by tracey

‘The first survey examining sexual violence by male UK students has shone a light on misogyny at universities, with scores admitting to rape, sexual assault and other forcible acts.’

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The Guardian, 29th October 2021

Source: www.theguardian.com

Jehovah’s Witnesses, blood transfusions and capacity: PW – Law & Religion UK

‘In PW (Jehovah’s Witness: Validity of Advance Decision), Re [2021] EWCOP 52, Mrs W, aged 80, had Alzheimer’s. She was seriously ill in hospital with potentially fatal internal bleeding from a gastric tumour and the evidence was that a blood transfusion and surgery could mean that she would live for another five to ten years. However, she had been a practising Jehovah’s Witness for most of her adult life. Her medical team had concluded that she lacked capacity to make decisions about her treatment, but she had made an advance decision in 2001 – which appeared to have been held on a register of such decisions made by Jehovah’s Witnesses – to refuse blood or blood products even if her life was in danger. All parties accepted that the advance decision had been properly made.’

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Law & Religion UK, 19th October 2021

Source: lawandreligionuk.com

Treating children for gender dysphoria: Bell v Tavistock & Portman NHS Trust – Law & Religion UK

‘Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363 has little, ostensibly, to do with “religion”, but relates to an issue which some would feel had moral and social dimensions – the treatment of children for gender dysphoria, defined by the Court of Appeal as “a complex condition that occurs in both children and adults. It involves, in the simplest terms, a strong desire to be and to be treated as being of the gender other than their natal sex at birth. Those diagnosed with it suffer associated significant distress or impairment in function. A range of clinical interventions may be prescribed”.’

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Law & Religion UK, 11th October 2021

Source: lawandreligionuk.com

“Let the Doctors Decide” – UK Human Rights Blog

‘In Bell and A v Tavistock and Portman NHS Trust and others [2021] EWCA Civ 1363 the Court of Appeal advised judges to avoid formulating policy in an area of social and moral complexity.’

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UK Human Rights Blog, 27th September 2021

Source: ukhumanrightsblog.com

Gillick competence, puberty-blockers and the Court of Appeal – Local Government Lawyer

‘Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.’

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Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

Ruling limiting under-16s puberty blockers overturned – BBC News

Posted September 17th, 2021 in children, consent, gender, medical treatment, news, transgender persons by tracey

‘Doctors can judge if under-16s can give informed consent to puberty blocker use, the Court of Appeal has ruled.’

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BBC News, 17th September 2021

Source: www.bbc.co.uk

Covid teams can vaccinate pupils against parents’ wishes, schools told – The Guardian

Posted September 16th, 2021 in children, consent, coronavirus, news, school children, vaccination by tracey

‘Healthcare staff can decide whether children get a Covid vaccine against the wishes of their parents, according to government guidelines published on Wednesday that left some headteachers fearing protests at the school gates.’

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The Guardian, 15th September 2021

Source: www.theguardian.com

‘Unduly lenient’ jail term for killing during sex considered for appeal – The Guardian

‘The attorney general’s office is considering whether to appeal against the jail term of four years and eight months handed to a man who choked his lover to death during sex.’

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The Guardian, 8th September 2021

Source: www.theguardian.com

Unacknowledged rape: the sexual assault survivors who hide their trauma – even from themselves – The Guardian

Posted August 26th, 2021 in assault, consent, news, rape, victims, women by sally

‘Surveys suggest a large proportion of women have experienced sexual assaults that they labelled as a misunderstanding. This has serious psychological repercussions and increases the chance of being victimised again.’

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The Guardian, 26th August 2021

Source: www.theguardian.com

Sex Pistols win legal fight against Johnny Rotten over songs – The Guardian

Posted August 24th, 2021 in agreements, artistic works, consent, licensing, media, news by sally

‘The former Sex Pistols frontman, Johnny Rotten, has lost a high court attempt to block the punk band’s songs from being used in a forthcoming drama series.’

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The Guardian, 23rd August 2021

Source: www.theguardian.com