Upper Tribunal decides modified Paposhvili test applies to mental illness/risk of suicide cases – EIN Blog

‘In MY (Suicide risk after Paposhvili) Occupied Palestinian Authority [2021] UKUT 232 (IAC) (23 August 2021), the Upper Tribunal made it clear from the outset that the appellant’s appeal was allowed on Article 3 health grounds, which was the determinative issue in the appeal.’

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EIN Blog, 15th October 2021

Source: www.ein.org.uk

Raab threat to ‘correct’ court judgments is ‘deeply troubling’, warn legal experts – The Independent

‘Legal experts have responded with alarm to suggestions from justice secretary Dominic Raab that he will legislate to “correct” court judgments in human rights cases that go against the government.’

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The Independent, 17th October 2021

Source: www.independent.co.uk

Terror offender accused of ‘grooming’ Manchester Arena bomber will refuse to answer inquiry questions – The Independent

‘A terror convict who allegedly “groomed” the Manchester Arena bomber will refuse to ask questions if he is ordered to give evidence at the public inquiry into the attack.’

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The Independent, 15th October 2021

Source: www.independent.co.uk

A Decent Death – London Review of Books

Posted October 14th, 2021 in assisted suicide, human rights, news, prosecutions, suicide by sally

‘The​ law of England and Wales – Scotland’s law is not in all respects the same – has come a long way in my 82 years. Absurdly and cruelly, until the 1961 Suicide Act was passed it was a crime to kill yourself. While those who succeeded were beyond the law’s reach, those who tried and failed could be sent to jail. In the 1920s the home secretary had to release a Middlesbrough woman with fourteen children who had been given three months in prison for trying to kill herself. There is a Pythonesque sketch waiting to be written about a judge passing a sentence of imprisonment for attempted suicide: “Let this be a lesson to you and to any others who may be thinking of killing themselves.” In fact, by the mid 19th century the law had got itself into such a tangle that a person injured in a failed attempt at suicide could be indicted for wounding with intent to kill, an offence for which Parliament had thoughtfully provided the death penalty.’

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London Review of Books, 21st October 2021

Source: www.lrb.co.uk

High Court refuses fresh inquest in welfare benefits case – UK Human Rights Blog

‘In Dove v HM Assistant Coroner to Teeside and Hartlepool & Anor [2021] EWHC 2511, the High Court considered the State’s obligations under article 2 ECHR with respect to those in receipt of welfare benefits as well as the scope of coronial inquiries both where article 2 is and isn’t engaged. Although it was argued that failings by the Department of Work and Pensions were relevant to a death by suicide, a fresh inquest was refused in the circumstances.’

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UK Human Rights Blog, 13th October 2021

Source: ukhumanrightsblog.com

Parliamentary Inquiry Condemns UK Government’s Handling Of Coronavirus – Each Other

Posted October 14th, 2021 in coronavirus, human rights, inquiries, news, reports, select committees by sally

‘The UK’s handling of the coronavirus pandemic has been deemed one of the worst ever public health failures, according to an inquiry report.’

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Each Other, 13th October 2021

Source: eachother.org.uk

Harmful emissions and human rights duties – Local Government Lawyer

Posted October 13th, 2021 in children, environmental health, health, human rights, local government, news, waste by tracey

‘Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site.’

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Local Government Lawyer, 8th October 2021

Source: www.localgovernmentlawyer.co.uk

UK Abortion Legislation Does Not Protect The Right To Choose – Each Other

Posted October 11th, 2021 in abortion, human rights, news, women by sally

‘While many may believe such challenges to reproductive rights could not be replicated here in the UK, our domestic legislation on abortion remains patchy, paternalistic and lacking in power. At best, UK law has successfully made abortion a safe, affordable procedure. At worst, it violates people’s rights under the Human Rights Act to be free from discrimination, enshrined in Article 14, and inhuman or degrading treatment, protected under Article 3.’

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Each Other, 8th October 2021

Source: eachother.org.uk

UK put on global watchlist for curbing civic freedoms – Each Other

‘A new global watchlist highlighting nations where there is a serious and rapid decline in respect for civic space has named the UK as a country of concern.’

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Each Other, 7th October 2021

Source: eachother.org.uk

Court of Appeal rules on the legality of Christian requirement by fostering agency – UK Human Rights Blog

‘In this claim for judicial review, the issue was whether it was lawful for the claimant independent fostering agency (Cornerstone) only to accept heterosexual evangelical Christians as potential carers under the Equality Act 2010 (EA 2010) and the European Convention on Human Rights (the Convention).’

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UK Human Rights Blog, 7th October 2021

Source: ukhumanrightsblog.com

HRA reform in this parliament, Raab promises party faithful – Law Society’s Gazette

‘The Human Rights Act will be overhauled before the next general election, the lord chancellor and justice secretary pledged today.’

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Law Society's Gazette, 5th October 2021

Source: www.lawgazette.co.uk

Civil liberties groups criticise Priti Patel’s plan to criminalise protest – The Guardian

‘Civil liberties groups have reacted with dismay to Priti Patel’s plan to criminalise protest groups, saying demonstrations are a “core pillar of any healthy democracy”.’

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The Guardian, 5th October 2021

Source: www.theguardian.com

Human rights lawyers call on UK government to ban ‘conversion therapy’ – The Guardian

‘Leading human rights lawyers and experts have called for swift action to outlaw so-called conversion therapy, which they say is degrading and harmful, and should not be tolerated in a civilised society.’

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The Guardian, 1st October 2021

Source: www.theguardian.com

Deceived activist Kate Wilson wins tribunal against Met Police – BBC News

‘An activist who was deceived into a relationship with an undercover police officer has won a tribunal case for breaches of her human rights.’

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BBC News, 30th September 2021

Source: www.bbc.co.uk

Council Of Europe Criticises UK’s Treatment Of Transgender People – Each Other

‘The Council of Europe has published a report, adopted by a committee of parliamentarians from across the continent, which condemns the UK’s treatment of transgender people.’

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Each Other, 29th September 2021

Source: eachother.org.uk

Can AI qualify as an “inventor” for the purposes of patent law? – UK Human Rights Blog

‘The Court of Appeal has ruled that an artificial intelligence machine cannot qualify as an “inventor” for the purposes of Sections 7 and 13 of the Patents Act because it is not a person. Further, in determining whether a person had the right to apply for a patent under Section 7(2)(b), there was no rule of law that new intangible property produced by existing tangible property was the property of the owner of the tangible property, and certainly no rule that property in an invention created by a machine was owned by the owner of the machine.’

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UK Human Rights Blog, 28th September 2021

Source: ukhumanrightsblog.com

Judges Rule Abortion Law On Disability Does Not Violate Human Rights – Each Other

Posted September 29th, 2021 in abortion, birth, disability discrimination, disabled persons, equality, human rights, news by sally

‘The High Court has ruled against a legal challenge from a woman with Down’s syndrome which argued that permitting abortion up until birth for a foetus with certain disabilities is unlawfully discriminatory.’

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Each Other, 28th September 2021

Source: eachother.org.uk

Independent fostering agency loses appeal over lawfulness of only accepting heterosexual evangelical Christians as potential carers – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal by an independent fostering agency over whether it is lawful for it only to accept heterosexual evangelical Christians as potential carers.’

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Local Government Lawyer, 27th September 2021

Source: www.localgovernmentlawyer.co.uk

“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

Law and the Culture War – UK Human Rights Blog

Posted September 23rd, 2021 in belief discrimination, equality, gender, human rights, news, transgender persons by tracey

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com