Noel Conway: Terminally ill man wins right to challenge court ruling preventing ‘dignified death’ – The Independent

Posted January 19th, 2018 in appeals, assisted suicide, declarations of incompatibility, human rights, news by tracey

‘A terminally ill man has won the right to continue battling for the right to a “peaceful and dignified death” in Britain’s courts.’

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The Independent, 18th January 2018

Source: www.independent.co.uk

Establishing a breach of Article 3 in medical cases: The ‘applicability’ of Strasbourg jurisprudence – Oxford Human Rights Hub

Posted January 17th, 2018 in deportation, human rights, medical treatment, news by sally

‘In EA & Ors (Article 3 medical cases – Paposhvili not applicable) [2017] UKUT 00445, the Upper Tribunal (Immigration and Asylum Chamber) refused to follow the most recent Strasbourg caselaw regarding the test for a breach of Article 3 ECHR in medical removal cases, finding that it was inconsistent with domestic precedent.’

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Oxford Human Rights Hub, 15th January 2018

Source: ohrh.law.ox.ac.uk

The EU Withdrawal Bill and Judicial Review: Are we ready? – UK Human Rights Blog

Posted January 16th, 2018 in bills, constitutional reform, EC law, human rights, judicial review, news by sally

‘A battle cry of the Brexiteers during the referendum campaign was a rousing appeal to restore the supremacy of Parliament: to free our great nation from its subservience to EU law. There is therefore a dispiriting irony that the process of withdrawal that is proposed in the EU Withdrawal Bill will lead to a hollowing out of the authority of Parliament[1]. On an unprecedented scale, it is proposed that Parliament will divest itself of powers in its traditional sphere of authority – that of legislating pursuant to the mandate granted by the electorate – and transfer such powers to the Executive. At the same time, there will be a sapping of Parliamentary power to the Judiciary, who will be required to adjudicate on issues of policy that would be expected to have been determined by the sovereign Parliament, unless some clear interpretative guidance is provided in the approach to be adopted to policy issues that will inevitably arise.’

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UK Human Rights Blog, 15th January 2018

Source: ukhumanrightsblog.com

Exploring options over contact applications from transgender parents (Re M (Children) – Family Law

Posted January 15th, 2018 in appeals, contact orders, human rights, Judaism, news, transsexuals by tracey

‘Family analysis: How should the court manage the impact of discriminatory behaviour on a child when evaluating welfare? Lyndsey Sambrooks-Wright, a barrister at 2 Dr Johnson’s Buildings, discusses the Court of Appeal’s decision in Re M (Children).’

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Family Law, 12th January 2018

Source: www.familylaw.co.uk

Must the family be told? Genetic information and liability for non-disclosure to relatives – 1 Crown Office Row

Posted January 9th, 2018 in disclosure, families, health, hospitals, human rights, news by sally

‘The facts of the ABC case are unusual and undeniably tragic. In 2007, ABC’s father shot and killed her mother. He was convicted of manslaughter, on the basis of diminished responsibility, and sentenced to a hospital order under the Mental Health Act 1983, s 37, with a restriction order under s 41 of the Act. The respective roles of the defendants in relation to the father’s subsequent care and treatment were as follows: he was detained in a clinic run by the second defendant (the South West London and St George’s Mental Health NHS Trust), where, whilst resident, he was seen by a social worker for whom the third defendant (Sussex Partnership NHS Foundation Trust) was responsible, and he was referred to the first defendant’s hospital (St George’s Hospital) in order that his disorder could be explored.’

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1 Crown Office Row, 9th January 2018

Source: www.1cor.com

Gilham v Ministry of Justice: Court of Appeal Rules That Judges Are Not ‘Workers’ – Old Square Chambers

Posted January 9th, 2018 in appeals, employment, human rights, judges, judiciary, news, whistleblowers by sally

‘In this important recent judgment, the Court of Appeal unanimously held that judges are not “workers” within the meaning of section 230(3) of the Employment Rights Act 1996, and therefore are not entitled to protection from whistleblowing under the provisions of that Act. The Court of Appeal also held that the absence of a remedy for whistleblowing under the 1996 Act did not amount to a breach of a judge’s rights under Article 10 or Article 14 ECHR.’

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Old Square Chambers, 3rd January 2018

Source: www.oldsquare.co.uk

Brexit Custom Laws Could ‘Slash Human Rights’ – Rights Info

‘New trade laws, which could allow ministers to water down or repeal equality laws altogether, are being debated in the House of Commons today.’

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Rights Info, 8th January 2018

Source: rightsinfo.org

Here’s Why You Need to Know About the Equality and Human Rights Commission – Rights Info

Posted January 8th, 2018 in Equality and Human Rights Commission, human rights, news by sally

‘If you’re following our work here at RightsInfo, the chances are you’re interested in following what’s going on with your human rights. So, you probably should know about the Equality and Human Rights Commission (EHRC).’

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Rights Info, 5th January 2018

Source: rightsinfo.org

Court of Appeal Overturns Decision Denying Trans Parent Contact With Children – Rights Info

Posted January 4th, 2018 in appeals, contact orders, human rights, Judaism, news, parental rights, transsexuals by sally

‘An ultra-Orthodox Jew who left her community to start a new life as a woman has been allowed an appeal by The Court of Appeal. This overturned an earlier ruling that she should have no direct contact with her five children.’

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Rights Info, 2nd January 2018

Source: rightsinfo.org

10 cases that defined 2017 – UK Human Rights Blog

Posted January 4th, 2018 in human rights, judgments, news by sally

‘2017 has been a dramatic year in global politics and no less in the world of human rights law.’

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UK Human Rights Blog, 22nd December 2017

Source: ukhumanrightsblog.com

Police ‘ignoring’ needs of detainees on periods – BBC News

Posted January 4th, 2018 in detention, human rights, news, police, women by sally

‘Police are “routinely ignoring” the needs of women detainees on their periods, the Independent Custody Visiting Association (ICVA) has said.’

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BBC News, 4th January 2018

Source: www.bbc.co.uk

Transgender Jewish woman wins review of child contact case – The Guardian

Posted December 21st, 2017 in appeals, contact orders, human rights, Judaism, news, transsexuals by tracey

‘An ultra-Orthodox Jew who left her community to start a new life as a woman has won the right to have her case reviewed in the high court after an earlier ruling that she should have no direct contact with her five children. The court of appeal has decided to refer back the case of the woman, known in court as J, who has not seen her children since leaving the tight-knit Haredi community in Manchester in 2015.’

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The Guardian, 20th December 2017

Source: www.theguardian.com

MOD to compensate Iraqis for “ill treatment” – UK Human Rights Blog

Posted December 19th, 2017 in armed forces, compensation, human rights, Iraq, news, war by sally

‘The High Court has upheld claims by four Iraqi civilians that their human rights had been breached by the British army. Their claims in tort were rejected as time-barred.’

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UK Human Rights Blog, 18th December 2017

Source: ukhumanrightsblog.com

High Court quashes guidance on deporting EEA nationals who are sleeping rough – UK Human Rights Blog

Posted December 18th, 2017 in freedom of movement, homelessness, human rights, immigration, news by sally

‘Recent years have seen a significant increase in the number of people sleeping on the streets in Greater London — the figure has more than doubled since 2017.[1] This includes people of all nationalities, and a significant number of EEA nationals.’

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UK Human Rights Blog, 15th December 2017

Source: ukhumanrightsblog.com

Government policy on rough sleeping by EEA nationals unlawful: High Court – Local Government Lawyer

Posted December 18th, 2017 in freedom of movement, homelessness, human rights, immigration, news by sally

‘The Government’s policy of treating rough sleeping by EEA nationals as an abuse of EU treaty rights, rendering the individuals liable to removal if proportionate to do so, is unlawful, a High Court judge has ruled.’

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Local Government Lawyer, 14th December 2017

Source: www.localgovernmentlawyer.co.uk

Privacy and the Princess – Transparency Project

Posted December 13th, 2017 in divorce, freedom of expression, human rights, matrimonial home, news, privacy by sally

‘Once upon a time, His Royal Highness Louis Xavier Marie Guillaume, Prince of Luxembourg, Prince of Nassau and Prince of Bourbon-Parma married Tessy Antony, now Her Royal Highness Tessy Princess of Luxembourg, Princess of Nassau and Princess of Bourbon-Parma. Unfortunately, they did not live happily ever after, as, after 11 years of marriage and two children, they are now divorcing in the High Court in London.’

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Transparency Project, 11th December 2017

Source: www.transparencyproject.org.uk

How the Prisoner Voting Debate Finally Came to a Close – Rights Info

Posted December 12th, 2017 in elections, electoral register, human rights, news, prisons by sally

‘Former PM David Cameron once said that the thought of giving prisoners the vote made him feel “physically sick.” It was just one comment, but it’s reflective of just how emotive the debate over prisoner voting has been.’

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Rights Info, 12th December 2017

Source: rightsinfo.org

Is the Smith case a step forward for the rights of cohabitees? – Family Law

Posted December 12th, 2017 in bereavement, cohabitation, human rights, negligence, news, personal injuries by sally

‘The inability of long term cohabitees to claim the bereavement award in personal injury cases is incompatible with their human rights: this was the recent finding of the Court of Appeal in Smith (suing in her own right and as the surviving partner of John Bulloch, deceased) v Lancashire Teaching Hospitals NHS Foundation Trust and others [2017] EWCA Civ 1916.’

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Family Law, 11th December 2017

Source: www.familylaw.co.uk

Suicide: How Human Rights Come into Play When the Worst Happens – Rights Info

Posted December 12th, 2017 in human rights, mental health, news, suicide by sally

‘Seven years ago today, the House of Lords made a landmark judgment about the state’s duty to protect people at risk of suicide.’

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Rights Info, 11th December 2017

Source: rightsinfo.org

Law of Medicine and the Individual: current issues – Lecture by Lady Justice Arden

Law of Medicine and the Individual: current issues (PDF)

Lecture by Lady Justice Arden

Justice KT Desai Memorial Lecture, October 2017

Source: www.judiciary.gov.uk