No right to assisted death: Conway v Secretary of State for Justice – Cloisters

Posted October 20th, 2017 in assisted suicide, human rights, news by sally

‘In recent years, disabled and terminally ill applicants have brought repeated legal challenges to section 2 of the Suicide Act 1961, which makes it an offence intentionally to do an act capable of encouraging or assisting the suicide or attempted suicide of another. Anna Beale considers Conway v Secretary of State for Justice, the most recent contribution to this difficult and complex area of law.’

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Cloisters, 6th October 2017

Source: www.cloisters.com

Judge sues over lack of whistleblowing protection – The Guardian

Posted October 19th, 2017 in appeals, employment, human rights, judges, news, whistleblowers by tracey

‘A judge who has spoken out over the impact of austerity on the justice system has taken a test whistleblowing case to the appeal court.’

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The Guardian, 18th October 2017

Source: www.theguardian.com

Can Social Media Damage Your Right to a Fair Trial? – RightsInfo

Posted October 18th, 2017 in anonymity, contempt of court, human rights, internet, juries, news by sally

‘An impartial jury is an essential part of our right to a fair trial, and the people may only consider evidence which has been lawfully presented in the courtroom.’

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RightsInfo, 18th October 2017

Source: rightsinfo.org

UK courts did not breach man’s right to reputation when dismissing his defamation claims, rules human rights court – OUT-LAW.com

Posted October 17th, 2017 in defamation, human rights, internet, news, publishing by tracey

‘Courts in the UK did not breach their obligation to protect a budding politician’s right to respect for his reputation when it dismissed his claim for allegedly defamatory comments published about him online, the European Court of Human Rights (ECtHR) has said.’

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OUT-LAW.com, 17th October 2017

Source: www.out-law.com

Conscientious objection again: Adyan v Armenia – Law & Religion UK

‘In Adyan and Ors v Armenia [2017] ECHR 882, four Jehovah’s Witnesses had been convicted and imprisoned for refusing to perform either military or alternative civilian service.’

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Law & Religion UK, 16th October 2017

Source: www.lawandreligionuk.com

What’s in a Word? Home Office Lose Torture Definition Case – RightsInfo

‘Last week, the Home Office lost a case over its controversial definition of “torture,” which the High Court ruled was unlawful.’

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RightsInfo, 16th October 2017

Source: rightsinfo.org

High Court rejects motor neurone sufferer’s application to overturn prohibition on assisted suicide – UK Human Rights Blog

Posted October 12th, 2017 in assisted suicide, human rights, news by sally

‘This case concerns the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. See our previous post on it here and here. It follows a line of cases which have addressed that or similar issues, in particular R (Pretty) v Director of Public Prosecutions [2001] UKHL 61; [2002] 1 AC 800 (“Pretty“), R (Purdy) v Director of Public Prosecutions [2009] UKHL 54; [2010] 1 AC 345 (“Purdy“) and R (Nicklinson) v Ministry of Justice [2014] UKSC 38; [2015] AC 657(“Nicklinson“). Permission to bring this judicial review was granted by the Court of Appeal (McFarlane and Beatson LJJ, see [2017] EWCA Civ 275), having earlier been refused by the Divisional Court (Burnett LJ, Charles and Jay JJ) at [2017] EWHC 640 (Admin’

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UK Human Rights Blog, 11th October 2017

Source: ukhumanrightsblog.com

Campaigner for gender-neutral passports wins court challenge – BBC News

Posted October 12th, 2017 in gender, human rights, news, passports by sally

‘A campaigner has been given the go-ahead to bring a High Court challenge against the government over gender-neutral passports.’

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BBC News, 11th October 2017

Source: www.bbc.co.uk

Victims need legally enforceable rights, commissioner says – The Guardian

Posted October 11th, 2017 in criminal justice, human rights, news, victims by tracey

‘The victims commissioner, Helen Newlove, has urged the government to guarantee victims legally enforceable rights within the criminal justice system.’

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The Guardian, 11th October 2017

Source: www.theguardian.com

The Universal Credit Row and Our Basic Human Rights – RightsInfo

Posted October 10th, 2017 in benefits, human rights, news, sanctions, social security, women by sally

‘Universal Credit is a new social security benefit that’s currently being rolled out across the UK.

Several politicians and charities – including some within Theresa’s May Government – have asked for the new scheme to be paused or stopped. But how does this relate to our human rights?’

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RightsInfo, 9th October 2017

Source: rightsinfo.org

“Assisted dying” and Article 8 again – Conway v S of S for Justice – Law & Religion UK

‘Mr Noel Conway, who is 67 and suffering from motor neurone disease, has lost the latest round in his bid to allow doctors to prescribe him a lethal dose of drugs when his health deteriorates further. His legal team had argued that he faced a stark and unfair choice: he could either bring about his own death while still physically able to do so, or await death with no control over how and when it came.’

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Law & Religion UK, 5th October 2017

Source: www.lawandreligionuk.com

Can marriage officers refuse to marry same-sex couples? – OUP Blog

Posted October 9th, 2017 in civil servants, equality, human rights, marriage, news by sally

‘Freedom of religion and same-sex equality are not inherently incompatible. But sometimes they do seem to be on a collision course. This happens, for instance, when religiously devout marriage officers refuse to marry same-sex couples. In the wake of legal recognition of same-sex marriage around the world, states have grappled with civil servants who cannot reconcile their legal duties with their religious beliefs.’

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OUP Blog, 9th October 2017

Source: blog.oup.com

Noel Conway: Terminally ill man loses High Court challenge against the law on assisted dying – The Independent

Posted October 6th, 2017 in assisted suicide, declarations of incompatibility, human rights, news by tracey

‘A man who is terminally ill with motor neurone disease has lost his High Court challenge to fight for his right to die.
The judgment does confirm, however, that the courts do have the authority to declare current inconsistency with human rights.’

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The Independent, 5th October 2017

Source: www.independent.co.uk

Merris Amos: Red Herrings and Reductions: Human Rights and the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted October 4th, 2017 in bills, EC law, human rights, news by sally

‘When Parliament resumes next week, the EU (Withdrawal) Bill will be entering its Committee stage in the House of Commons. Whilst a variety of issues were raised during the Second Reading debates, the treatment of the EU Charter of Fundamental Rights caused particular concern. The purpose of this post is to clarify the status granted by the Bill to the human rights protected by the Charter after exit day, and to consider how the human rights protected by the Charter might continue to enjoy effective protection when retained EU law is converted into domestic law.’

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UK Constitutional Law Association, 4th October 2017

Source: ukconstitutionallaw.org

Three Stories That Prove Just How Essential The Human Rights Act Is – RightsInfo

Posted October 3rd, 2017 in human rights, legislation, news by sally

‘After coming into force in October 2000, the Act enshrines many of our most valuable and essential rights into UK law. Without it, it would be much harder to access justice, equality and fair treatment.’

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RightsInfo, 2nd Octboer 2017

Source: rightsinfo.org

The felling of protest? – UK Police Law Blog

‘In Sheffield City Council v Fairhall [2017] EWHC 2121 (QB), the Court has been asked to consider the extent to which the decision in DPP v Jones [1999] UKHL 5; [1999] 2 AC 240 can be relied upon as a right to conduct peaceful but disruptive protest on the highway.’

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UK Police Law Blog, 30th September 2017

Source: ukpolicelawblog.com

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

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Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Let’s be clear: “Right to die” and “Withdrawal of treatment” are not the same – Transparency Project

Posted September 28th, 2017 in assisted suicide, consent, euthanasia, human rights, medical treatment, news by sally

‘The recent judgment of Mr Justice Peter Jackson that doctors and relatives do not always need to consult the court before withdrawing medical treatment from a terminally ill patient has been reported under headlines labelling it a “right to die” case. This is wrong and risks conflating two quite different situations in the lay reader’s mind.’

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Transparency Project, 24th September 2017

Source: www.transparencyproject.org.uk

Javier Garcia Oliva: Why the Constitutional Treatment of Religion in Great Britain Matters in Religious Disputes – UK Constitutional Law Association

‘Two high profile cases concerning the approach of public authorities towards religion and identity, where the care and future of looked after children were concerned, have featured this summer.’

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UK Constitutional Law Association, 26th September 2017

Source: ukconstitutionallaw.org

Do You Have a Right Not to be Expelled From School? – RightsInfo

Posted September 21st, 2017 in education, human rights, news, school children, school exclusions by sally

‘If you’re a conscientious and polite pupil, the chances are you’ve never even thought you could get expelled from your school. However, just when is a school allowed to show you the door?’

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RightsInfo, 20th September 2017

Source: rightsinfo.org