UK must curb influence of European human rights rules, says Braverman – The Guardian

Posted August 11th, 2022 in attorney general, brexit, equality, human rights, news by sally

‘Ministers should “take radical action” to counter the influence of European human rights rules to curb a burgeoning industry of highly paid equalities officers touting bogus grievances, Suella Braverman, the UK government’s chief law officer, has argued.’

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The Guardian, 10th August 2022

Source: www.theguardian.com

Is The Northern Ireland Troubles Legacy Bill ‘Fatally’ Flawed? – Each Other

Posted August 10th, 2022 in bills, human rights, news, Northern Ireland, terrorism, unlawful killing by sally

‘Human rights and civil liberty groups have criticised the government’s proposals to grant an effective amnesty for crimes committed as part of the Troubles in Northern Ireland. The ‘Troubles’ is a term used to describe a period of conflict in Northern Ireland that lasted over 30 years, up until the Good Friday Agreement was signed in 1998. The Northern Ireland Troubles (Legacy and Reconciliation) Bill attempts to address more than 1,000 unsolved killings. Now, rights groups have said the Bill violates the UK’s human rights obligations.’

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Each Other, 10th August 2022

Source: eachother.org.uk

IVF Access To Widen After Discrimination Case – Each Other

‘Lesbians, bi women and some trans people will no longer have to pay more for IVF treatment after a landmark discrimination case. Lesbian couple Megan and Whitney Bacon-Evans launched a legal case showing that NHS England’s IVF policy discriminated against same-sex couples. Unlike heterosexual couples, some LGBTQ couples and single women have had to pay for artificial insemination to prove their fertility status before they can receive NHS help for IVF.’

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Each Other, 9th August 2022

Source: eachother.org.uk

Virginity Testing Is Made A Criminal Offence Across The UK – Each Other

Posted August 4th, 2022 in bills, child abuse, children, families, health, human rights, news, women by tracey

‘TRIGGER WARNING: Please note that this piece includes language and themes of child abuse, virginity testing and coercion that some may find triggering.

The government has made it illegal to carry out, offer or aid and abet virginity testing or hymenoplasty in any part of the UK under the Health and Care Act 2022. Virginity tests breach women’s and girls’ fundamental rights under the Human Rights Act 1998 (HRA), including the right to be free from torture and inhuman treatment and the right to private and family life.’

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Each Other, 3rd August 2022

Source: eachother.org.uk

Deportation: Supreme Court revisits Unduly Harsh and Very Compelling Circumstances Tests – EIN Blog

‘On 20 July 2022, the UK Supreme Court gave its judgment in the three joined appeals of HA (Iraq), RA (Iraq) and AA (Nigeria) [2022] UKSC 22. The full judgment can be found here. These were all deportation appeals decided by the Court of Appeal. The Court of Appeal found in favour of the three individuals and the Secretary of State, through the Home Office, appealed to the Supreme Court.’

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EIN Blog, 3rd August 2022

Source: www.ein.org.uk

Discrimination and Freedom of Belief in the Sex and Gender Debate – UK Human Rights Blog

‘We do not usually cover first-instance employment tribunal judgments on this blog, but two cases handed down in the last three weeks – Forstater v. CGD Europe and Bailey v. Stonewall Equality Ltd and Garden Court Chambers – have attracted so much attention that we feel an exception must be made. Both cases involved women with ‘gender critical’ beliefs who faced hostility in their workplaces after expressing them. Both succeeded in their claims of direct discrimination and victimisation on grounds of belief under the Equality Act 2010. Although neither of the cases sets a binding precedent for other courts or tribunals, they contain interesting legal analysis and comment about the importance of freedom of expression and freedom of belief in the context of work which is of wider significance.’

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UK Human Rights Blog, 3rd August 2022

Source: ukhumanrightsblog.com

Waiting Times for Ambulances Could Violate Your Right to Health – Each Other

Posted July 27th, 2022 in delay, health, hospitals, human rights, news by sally

‘Waiting times for ambulances in England rose last month, prompting concerns that the service is “under intense pressure”. New data from NHS England shows that patients calling ambulances for serious conditions, such as a suspected stroke, had to wait an average of 51 minutes, more than double the 18 minute standard set by the NHS. This increased by more than 11 minutes since the previous month. The most urgent calls for life-threatening illnesses or injuries, the average waiting time in June was nine minutes, more than two minutes longer than the standard set by the NHS.’

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Each Other, 26th July 2022

Source: eachother.org.uk

Edmund Robinson: Fumbling with interpretation – Clause 5 of the Bill of Rights and the positive obligations challenge – UK Constitutional Law Association

Posted July 27th, 2022 in bills, brexit, constitutional law, human rights, interpretation, news by sally

‘The ‘Bill of Rights Bill’, repealing and replacing the Human Rights Act, has already attracted significant criticism. This post focuses on clause 5, with which the government seeks to give effect to its previously expressed scepticism regarding ‘positive obligations’. These are duties on the authorities to take positive measures to protect individuals from human rights breaches, rather than merely refraining from breaching those rights with their own actions. The obligation to protect those suffering domestic violence is such an obligation.’

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UK Constitutional Law Association, 27th July 2022

Source: ukconstitutionallaw.org

Brenda Hale: ‘There’s absolutely no need to scrap the Human Rights Act’ – The Guardian

‘renda Hale is a British judge who served as president of the supreme court of the United Kingdom from 2017 until her retirement in 2020. Lady Hale studied law at Cambridge, was called to the bar and then worked as an academic for many years. In 1984, she became the youngest person to be appointed to the Law Commission. In 1999, she was only the second woman to be appointed to the court of appeal. It fell to Hale, in September 2019, to deliver the judgment of the supreme court in the matter of the Queen’s prorogation of parliament on the advice of Boris Johnson. The court ruled that the prorogation was unlawful and the spider brooch Hale wore on that fateful day became one of the most famous fashion accessories in history. Her memoir, Spider Woman: A Life, is now out in paperback.’

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The Guardian, 24th July 2022

Source: www.theguardian.com

Human rights of people in care at risk due to slow progress on visiting – report – The Independent

‘The human rights of people in care are at risk of being breached by slow progress on enabling visits and the inappropriate use of resuscitation notices, a report has warned.’

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The Independent, 22nd July 2022

Source: www.independent.co.uk

Human Fertilisation and Embryology Act can be “read down” to accord with Convention family rights – UK Human Rights Blog

‘This poignant case tells a sad story, but an instructive one in terms of human rights and the ability of courts to interpret statutes in accordance with these rights under Section 3 of the Human Rights Act 1998.’

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UK Human Rights Blog, 19th July 2022

Source: ukhumanrightsblog.com

Is The Prevent Programme Compatible With Human Rights? – Each Other

Posted July 19th, 2022 in equality, freedom of expression, human rights, news, terrorism by sally

‘Many organisations and individuals have criticised the government’s Prevent programme, which forms part of the UK counter-terrorism strategy.’

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Each Other, 18th July 2022

Source: eachother.org.uk

Forced adoptions: Call for government apology to mothers – BBC News

Posted July 15th, 2022 in adoption, children, families, human rights, inquiries, news, select committees, women by tracey

‘Hundreds of thousands of unmarried women who were forced to give up their babies for adoption should receive a government apology, a report has said.’

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BBC News, 15th July 2022

Source: www.bbc.co.uk

Kirsty Hughes: The Bill of Rights and the Precarity of Abortion Rights – UK Constitutional Law Association

Posted July 12th, 2022 in abortion, bills, human rights, news, Northern Ireland by tracey

‘In the aftermath of the US Supreme Court ruling in Dobbs v Jackson Women’s Health Organization attention has turned to whether abortion is adequately protected in the UK from the winds of political change. Given that in England, Scotland, and Wales abortion is provided for by ordinary Act of Parliament, and in Northern Ireland by Regulation, an orthodox view of the constitution indicates that it is not. In response to Dobbs it has been suggested that the pending Bill of Rights should be amended to provide for a right to abortion. That proposal was swiftly rejected by Dominic Raab on the basis that abortion is settled in UK law – a view that is somewhat contradicted by ongoing difficulties in respect of abortion in Northern Ireland.’

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UK Constitutional Law Association, 11th July 2022

Source: ukconstitutionallaw.org

What the Princess of Pop teaches us about Capacity – Belinda Cheney – UK Human Rights Blog

Posted July 11th, 2022 in Court of Protection, deputyship, human rights, mental health, news by tracey

‘I was gripped by the Britney Spears saga. This phenomenally successful pop star was deemed to lack capacity in relation to most aspects of her life and finances for more than 13 years allowing her father full control over her considerable fortune and her person and critically, she was unable to object until the “Free Britney” movement highlighted the rampant injustice of the situation. Only then was she was permitted to appoint her own lawyer and “freed”. In this we consider briefly the similarities and differences between the US conservatorship and the UK deputyship.’

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UK Human Rights Blog, 7th July 2022

Source: ukhumanrightsblog.com

When is a Right not a Right? The British Bill of Rights – Oxford Human Rights Hub

Posted July 8th, 2022 in bills, brexit, constitutional law, human rights, news by sally

‘The Bill of Rights Bill, which repeals the Human Rights Act 1998, claims to ‘give effect’ to the rights set out in the European Convention on Human Rights. (Cl. 2). But its core aim is to ‘increase democratic oversight of human rights issues’ (Explanatory Note 2. B. p. 3). This aim is sought in a number of ways, one of the most important being set out in Clause 7.’

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Oxford Human Rights Hub, 7th July 2022

Source: ohrh.law.ox.ac.uk

The Bill of Rights Act 2022 and employment law: free speech implications – by Gus Baker – UK Labour Law

‘The “Bill of Rights Bill” (the “Bill”), introduced to Parliament on 22 June this year, has the potential to have significant implications for employment law. Once tribunals and courts accept the Bill’s exhortation to give “great weight” to freedom of speech, the consequences for workplace relations may be profound.’

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UK Labour Law, 6th July 2022

Source: uklabourlawblog.com

Stefan Theil: Henry VIII on steroids – executive overreach in the Bill of Rights Bill – UK Constitutional Law Association

‘Constitutional bombshells do not come along very often, most change is incremental and piecemeal – or at least that was the conventional wisdom that prevailed on the UK constitution for many decades. More recently, it appears that scarcely a month passes without suggestions, discussions, proposals, or enactments of far-reaching constitutional reforms – whether through government consultations, changes to the ministerial code, the political and legal constitution and devolution, or bills specifically introduced into Parliament to break international law.’

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UK Constitutional Law Association, 6th July 2022

Source: ukconstitutionallaw.org

Government Looks To Re-Criminalise Rough Sleeping In Levelling Up Bill – Each Other

Posted July 7th, 2022 in bills, homelessness, human rights, news, repeals, vagrancy by sally

‘The government has proposed replacing previously repealed legislation that makes begging and rough sleeping a criminal offence. The move comes after parliament scrapped the Vagrancy Act, a 200-year-old law that criminalised sleeping rough and begging in England and Wales. The Act was repealed through an amendment to the Police, Crime, Sentencing and Courts Act (PCSCA) in April.’

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Each Other, 7th July 2022

Source: eachother.org.uk

Iain Jamieson: Effect of the Bill of Rights upon the meaning of Convention Rights under the Scotland Act – UK Constitutional Law Association

Posted July 6th, 2022 in brexit, constitutional law, devolution issues, human rights, news, Scotland by sally

‘The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known.’

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UK Constitutional Law Association, 5th July 2022

Source: ukconstitutionallaw.org