Disclosure Is Essential To A Fair Trial. We Must Get It Right – Rights Info

Posted December 12th, 2018 in Crown Prosecution Service, disclosure, human rights, news, police by sally

‘Barrister Stefan Hyman outlines why the duty of disclosure is integral to our criminal justice system and vital to a fair trial, a fundamental human right.’

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Rights Info, 12th December 2018

Source: rightsinfo.org

Human dignity in a time of austerity: the Rule of Law as a counterpoint to the hostile environment for migrants – Garden Court Chambers

Posted December 12th, 2018 in asylum, budgets, human rights, immigration, news, rule of law by sally

‘Garden Court Chambers’ Amanda Weston QC delivered the plenary speech at our inaugural Migrant Support Conference with Legal Action Group (LAG) on 28 November 2018.’

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Garden Court Chambers, 3rd December 2018

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Dublin returns to Italy give rise to an arguable breach of Article 3 ECHR – Garden Court Chambers

Posted December 12th, 2018 in asylum, EC law, human rights, judicial review, mental health, news by sally

‘Judgment in the test case of SM & Ors v SSHD was handed down by the Upper Tribunal on 4 December 2018. The Tribunal quashed the decision to certify SM and RK’s human rights claims as “clearly unfounded” on the basis that their particular vulnerability, combined with the latest evidence of profound problems with the Italian reception system meant that that the Secretary of State should either exercise the discretion to consider their claims here or obtain an assurance that they would be provided with appropriate accommodation. The evidence before the Tribunal predated the latest Italian government’s anti-migrant policies.’

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Garden Court Chambers, 4th December 2018

Source: www.gardencourtchambers.co.uk

How has the Wessely Review grappled with the CRPD? – Doughty Street Chambers

Posted December 11th, 2018 in disabled persons, human rights, interpretation, mental health, news by sally

‘A couple of weeks ago we held a seminar on how the UN Convention on the Rights of Persons with Disabilities (“CRPD”) could be argued in UK courts and tribunals. The seminar explored the approach that courts around the world have taken in citing and interpreting the CRPD. The judicial route is only one way for international law to trickle down into domestic law. Another obvious way to implement human rights is via law and policy reform.’

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Doughty Street Chambers, 6th December 2018

Source: insights.doughtystreet.co.uk

Ep. 57: Mass starvation as a weapon of war – Law Pod UK

Posted December 11th, 2018 in food, human rights, international law, news, war, war crimes by sally

‘Rosalind English talks to 1 Crown Office Row’s Catriona Murdoch about the ways in which international law may be used to prevent it.’

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Law Pod UK, 10th December 2018

Source: audioboom.com

The Women Behind The Universal Declaration of Human Rights – Rights Info

Posted December 11th, 2018 in domestic violence, equality, human rights, legal history, news, statistics, women by sally

‘Hannah Swirsky, Campaigns Officer at René Cassin, outlines why the 70th anniversary of the Universal Declaration of Human Rights is a time for celebration, but also for remembrance of the unsung role of women in the Declaration, and, realising their legacies today.’

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Rights Info, 10th December 2018

Source: rightsinfo.org

Family Court judge raps council for “woeful” care of two young women – Local Government Lawyer

‘A Family Court judge has condemned a council’s care for two young women as “woeful” and said he was “appalled” by failures of social workers and managers.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Stansted 15 activists vow to overcome ‘dark, dark day for the right to protest’ – The Guardian

‘The Stansted 15 expected to face retribution for their protest. They never expected to be found guilty of terrorism offences.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Case Comments: KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53 and Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 – UKSC Blog

‘ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier Tribunal, to conduct a balancing exercise between the individual’s private and family life rights on the one hand and the ‘public interest’ on the other.’

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UKSC Blog, 4th December 2018

Source: ukscblog.com

Deliveroo riders lose high court battle to gain union recognition – The Guardian

Posted December 6th, 2018 in human rights, judicial review, news, self-employment, trade unions by sally

‘Deliveroo riders have lost a high court battle to gain union recognition, in a blow to gig economy campaigners.’

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The Guardian, 5th December 2018

Source: www.theguardian.com

Muslim takes local council to High Court because their burial rules ‘breach his human rights’ – Daily Telegraph

‘A Muslim man has taken his local council to the High Court after complaining that their burial rules are infringing on his human rights.’

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Daily Telegraph, 4th December 2018

Source: www.telegraph.co.uk

Asylum seekers ‘too afraid’ to seek NHS care, report says – The Guardian

Posted November 29th, 2018 in asylum, data protection, health, human rights, immigration, news, ombudsmen by tracey

‘Asylum seekers who need NHS care have been left in “considerable fear” because of the government’s “hostile environment” policies, according to the human rights watchdog.
In a highly critical report the Equality and Human Rights Commission (EHRC) says people have gone without medical help since ministers forced the NHS in England to impose upfront charges to access care last year.’

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The Guardian, 28th November 2018

Source: www.theguardian.com

Terminally ill Noel Conway loses Supreme Court appeal – BBC News

Posted November 28th, 2018 in appeals, assisted suicide, human rights, news, Supreme Court by tracey

‘A terminally ill man has lost a legal battle at the UK’s highest court over his right to die.’

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BBC News, 27th November 2018

Source: www.bbc.co.uk

Proposed legislation to create heterosexual civil partnerships will still not create a “common law” marriage – Family Law

‘In June 2018 the Supreme Court ruled in favour of a heterosexual couple who had argued that their inability to formalise their relationship through a civil partnership was incompatible with the European Convention on Human Rights. The Prime Minister indicated in October that she would legislate to give all couples the same choices as to how to achieve legal recognition of their relationship for the first time, writes Ashford’s family solicitor Emma Mackay.’

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Family Law, 22nd November 2018

Source: www.familylaw.co.uk

Tax tribunal rules that Arron Banks suffered political discrimination – UK Human Rights Blog

‘Banks v Revenue and Customs Commissioners [2018] UKFTT 617 (TC). Donations made by Arron Banks to the United Kingdom Independence Party (‘UKIP’) are subject to a tax regime which discriminates against the donor on grounds of his political opinion, the First-Tier Tribunal (Tax Chamber) has found.’

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UK Human Rights Blog, 14th November 2018

Source: ukhumanrightsblog.com

Case Comment: Lee v Ashers Baking Company Ltd & Ors [2018] UKSC 49 – UKSC Blog

‘It must be a rare moment in legal history, when cakes are at the centre of Supreme Court Knights_S_146668decisions in the same year on both sides of the pond.’

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UKSC Blog, 12th November 2018

Source: ukscblog.com

Speech by Lord Justice Singh: Racial Equality and the Law – Courts and Tribunals Judiciary

‘Speech by Lord Justice Singh: Racial Equality and the Law,’

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Courts and Tribunals Judiciary, 14th November 2018

Source: www.judiciary.gov.uk

Legal Challenge Protects Our Confidential NHS Data Being Shared with Home Office – Rights Info

‘NHS Digital has confirmed its withdrawal from an agreement to give the Home Office access to confidential data for immigration enforcement, following a legal challenge by campaigners.’

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Rights Info, 12th November 2018

Source: rightsinfo.org

Ep. 49: The Importance of Informed Consent in Clinical Negligence – Law Pod UK

Posted November 13th, 2018 in birth, consent, health, human rights, negligence, news, pregnancy, women by sally

‘Emma-Louise Fenelon talks with Suzanne White, the head of clinical negligence at Leigh Day Solicitors, about recent developments with regards to women’s rights in healthcare and informed consent in the context of childbirth.’

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Law Pod UK, 12th November 2018

Source: audioboom.com

Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part Two – UKSC Blog

‘(ii) Undue Harshness

Next, the court opined that the structure of s 117C was difficult to follow as it begins by asad-khanstressing that deporting foreign criminals is in the public interest; which increases with the seriousness of the offending. The unimpressive drafting led Lord Carnwath to observe that rather than expressly indicating “how or at what stage of the process those general rules are to be given effect,” s 117C is instead devoted to rules for two types of foreign criminals and two exceptions.’

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UKSC Blog, 9th November 2018

Source: ukscblog.com