Duty to care for student mental health has legal implications for universities – OUT-LAW.com

‘Universities have a duty to support students with mental health issues, but there are a series of legal issues that they need to consider which should shape how they do so.’

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OUT-LAW.com, 17th October 2018

Source: www.out-law.com

Jacob Rowbottom: Cakes, Gay Marriage and the Right against Compelled Speech – UK Constitutional Law Association

‘In the high-profile decision in Lee v Ashers, the Supreme Court had to consider a customer’s rights against discrimination along with the baker’s right to freedom of expression. In its finding for the baker, the Supreme Court took an important step in developing a domestic doctrine against ‘compelled speech’. While the outcome of the case divides opinion, the reasoning of the Court requires further consideration of when a person has a right not express a particular view.’

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UK Constitutional Law Association, 16th October 2018

Source: ukconstitutionallaw.org

Gender Recognition Act: ‘Why we want identity rules changed’ – BBC News

‘If you want to legally change your gender in the UK, first a doctor has to diagnose you with a medical condition.’

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BBC News, 17th October 2018

Source: www.bbc.co.uk

Review of UK hate crime law to consider misogyny and ageism – The Guardian

Posted October 16th, 2018 in equality, hate crime, Law Commission, news by sally

‘Goths, men, women and elderly people could receive protection under hate crime laws after officials announced a wide-ranging review of current legislation.’

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The Guardian, 16th October 2018

Source: www.theguardian.com

Conscience and cake: the final chapter – UK Human Rights Blog

‘Lee v. Ashers Baking Company Ltd. On Wednesday the Supreme Court handed down its much-anticipated judgment in the ‘gay cake’ case. The Court unanimously held that it was not direct discrimination on grounds of sexual orientation or political opinion for the owners of a Northern Irish bakery to refuse to bake a cake with the message ‘Support Gay Marriage’ on it, when to do so would have been contrary to their sincerely held religious beliefs.’

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UK Human Rights Blog, 15th October 2018

Source: ukhumanrightsblog.com

What does the Proposal to Introduce Trial-by-Video Link Mean for Justice? – Rights Info

‘The government’s plans for court modernisation, under Her Majesty’s Courts, Tribunals Service Reform Programme (HMCTS), include the development of fully-video hearings, where all parties join via electronic links and no one is in a courtroom.’

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Rights Info, 9th October 2018

Source: rightsinfo.org

Baker’s refusal to bake gay marriage cake not direct discrimination – OUT-LAW.com

‘A Christian bakery’s refusal to bake a cake iced with a message supportive of same sex marriage was not direct discrimination, the UK’s highest court has ruled.’

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OUT-LAW.com, 11th October 2018

Source: www.out-law.com

‘Gay cake’ row: Supreme Court rules in favour of Ashers – BBC News

‘The Christian owners of a Northern Ireland bakery have won their appeal in the so-called “gay cake” discrimination case.’

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BBC News, 10th October 2018

Source: www.bbc.co.uk

Government announces civil partnerships for mixed-sex couples – Family Law

‘The Government has announced its intention to introduce civil partnerships for heterosexual couples in England and Wales as an alternative to getting married, saying that the move will provide greater security for unmarried couples and their families.’

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Family Law, 2nd October 2018

Source: www.familylaw.co.uk

Equalities watchdog in legal challenge over fertility services for transgender people – Local Government Lawyer

Posted September 27th, 2018 in assisted reproduction, equality, news, transgender persons by tracey

‘The Equality and Human Rights Commission is to take NHS England to judicial review over fertility services for transgender people.’

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Local Government Lawyer, 27th September 2018

Source: www.localgovernmentlawyer.co.uk

NHS Sued For Failing To Offer Fertility Services To Transgender Patients – Rights Info

Posted September 26th, 2018 in assisted reproduction, equality, hospitals, news, transgender persons by sally

‘NHS England is being taken to court by the UK’s equality watchdog for its failure to offer fertility services to transgender patients.’

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Rights Info, 25th September 2018

Source: rightsinfo.org

EHRC launches legal aid inquiry after damning justice report – Legal Futures

Posted September 10th, 2018 in budgets, equality, Equality and Human Rights Commission, legal aid, news by tracey

‘A catalogue of disastrous consequences has followed a reduction in the scope of legal aid, including debt from high lawyers’ fees, possible ill-informed judicial decisions, and knock-on costs for other parts of the public sector, according to new research.’

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Legal Futures, 10th September 2018

Source: www.legalfutures.co.uk

Finnian Clarke: The Worboys Parole Board Decision: Right Outcome, Wrong Reasons – UK Constitutional Law Association

Posted September 7th, 2018 in equality, judicial review, news, parole, sexual offences by tracey

‘The decision of the Divisional Court in the matter of R (DSD and NVB) v Parole Board of England and Wales, or the “Worboys Parole Board” case, was described by the Court as “wholly exceptional”, [3]. The Court, comprising Sir Brian Leveson, Mr Justice Jay and Mr Justice Garnham, quashed the decision of the Parole Board to release John Worboys, the “black cab rapist”. However, the “exceptional” nature of the case and its facts led the court into some rather tortured reasoning that undermines the structure and integrity of UK public law substantive review. The decision not to let Worboys, now known as John Radford, onto the streets after 9 years imprisonment likely represented the correct outcome, but the way the court got to this conclusion will make life notably more difficult for Parole Boards in exercising their duties in future. Such an outcome is all the more frustrating since the Divisional Court had a perfectly workable alternative means to securing this outcome: through the use of the “Public Sector Equality Duty” (PSED) found in s.149 of the Equality Act 2010.’

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UK Constitutional Law Association, 7th September 2018

Source: ukconstitutionallaw.org

Three-quarters of new deputy High Court judges went to Oxbridge – Litigation Futures

Posted September 5th, 2018 in equality, judiciary, news, universities by sally

‘Three-quarters of new deputy High Court judges, announced yesterday, are Oxbridge graduates, it has emerged.’

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Litigation Futures, 5th September 2018

Source: www.litigationfutures.com

Lettings Agents are Discriminating Against Housing Benefit Tenants, says Shelter – Rights Info

Posted August 23rd, 2018 in benefits, equality, housing, landlord & tenant, news, reports, social security by sally

‘An investigation by Shelter has found many letting agents are refusing to rent to tenants who receive housing benefits.’

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Rights Info, 22nd August 2018

Source: rightsinfo.org

Women’s Rights and the Proposed Changes to the Gender Recognition Act – Oxford Human Rights Hub

Posted August 21st, 2018 in consultations, equality, gender, human rights, news, women by sally

‘In this post we use the word women to refer to individuals born as women (also known as ‘natal women’). The current government consultation on proposed changes to the Gender Recognition Act 2004 (GRA) has opened up space for discussions about who defines what it means to be a woman and who controls the boundaries to women’s places of association. Central to those debates are the safety, dignity, and privacy of women using sex-segregated spaces. These are significant matters, which raise complex issues for women, which is why so many feminists are adding their voices to the public debate. These are women who support trans-rights but whose genuine concerns, based on expertise and lived experience, are being silenced by accusations of ‘hate speech’ and ‘transphobia’.’

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Oxford Human Rights Hub, 17th August 2018

Source: ohrh.law.ox.ac.uk

Upper Tribunal finds Equality Act exclusion discriminates against autistic children – Local Government Lawyer

Posted August 16th, 2018 in autism, children, disability discrimination, education, equality, news, tribunals by sally

‘The Upper Tribunal has held that regulations under the Equality Act 2010 excluding children who have a ‘tendency to physical abuse’ from its protection give rise to unlawful discrimination under Article 14 ECHR.’

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Local Government Lawyer, 15th August 2018

Source: www.localgovernmentlawyer.co.uk

Equality watchdog attacks Boris Johnson’s ‘inflammatory’ remarks – The Guardian

Posted August 13th, 2018 in complaints, disciplinary procedures, equality, Islam, news, political parties by sally

‘The equalities watchdog has branded Boris Johnson’s comments on the burqa “inflammatory and divisive”, but said it has no powers to launch an investigation.’

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The Guardian, 10th August 2018

Source: www.theguardian.com

Equality Act and ‘reasonable to remain’ – Nearly Legal

Posted August 10th, 2018 in disabled persons, equality, homelessness, housing, local government, news by sally

‘Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate care which for the time being is provided by her former partner.” She had the tenancy of a housing association property – a two bedroomed bungalow in sheltered accommodation, which was adapted for her needs.’

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Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

Are new initiatives to tackle age discrimination on their way? – Cloisters

Posted August 9th, 2018 in age discrimination, employment, equality, news by sally

‘In this blog, Rachel Crasnow QC considers the recent proposals to reform the Equality Act 2010 outlined by the Women and Equalities Committee in its report concerning Older People and Employment which was published on 17 July 2018. Their proposals were formulated after hearing expert evidence from a range of people including Cloisters’ Dee Masters.’

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Cloisters, 17th July 2018

Source: www.cloisters.com