Bill of Rights: Call to scrap plans to rewrite human rights law – BBC News

Posted January 26th, 2023 in bills, human rights, news, select committees by sally

‘Plans to rewrite UK human rights law would “damage people’s ability to enforce their rights” inside and outside court, MPs and peers say.’

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BBC News, 25th January 2023

Source: www.bbc.co.uk

Mother wins legal battle over tribunal’s refusal to say why son’s killer was discharged from hospital – The Guardian

‘A woman has won a legal battle against a mental health tribunal over its refusal to provide her with the the reasons for releasing her son’s killer into the community.’

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The Guardian, 25th January 2023

Source: www.theguardian.com

Human Rights in the UK Are in Crisis According to New Report – Each Other

Posted January 17th, 2023 in human rights, news, reports, United Nations by sally

‘Over 70 organisations from across civil society in England and Wales have provided evidence for a new report to the UN on the UK’s human rights record. The report concludes that rights in the UK – including everyday rights such as to food, housing, social security, work, trade unions, health and education – are in crisis.’

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Each Other, 17th January 2023

Source: eachother.org.uk

Rights of excusal from relationships and sexuality education – Local Government Lawyer

‘Clíodhna Kelleher considers a recent High Court judgment that there was no parental right to withdraw children from relationships and sexuality education.’

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Local Government Lawyer, 13th January 2023

Source: www.localgovernmentlawyer.co.uk

New plans to widen police powers for disruptive protests – BBC News

‘Police could be allowed to shut down protests before they cause serious disruption, under new government plans.’

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BBC News, 15th January 2023

Source: www.bbc.co.uk

The Government Accepts Recommendations To Protect Human Rights In Care Settings – Each Other

Posted January 11th, 2023 in care homes, government departments, human rights, news, select committees by sally

‘The government has accepted recommendations made by the Joint Committee on Human Rights (JCHR) on protecting human rights in health and social care settings. A formal response has been published following concerns about the protection of human rights in care settings which include the right to life (Article 2) and the right to be free from torture and degrading treatment (Article 3).’

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Each Other, 10th January 2023

Source: eachother.org.uk

Cases of the Year: 2022 – UK Human Rights Blog

Posted January 6th, 2023 in human rights, news by tracey

‘The year passed was, unsurprisingly, another year of tumult and surprise, something that by now registers as the norm rather than an aberration. Even so, 2022 must be a standout year – even by recent standards. From Russia’s invasion of Ukraine to the death of Queen Elizabeth II, the collapse of two consecutive Tory governments, dramatic election results around the world from Israel to Brazil, and in the run up to the festive season a football World Cup as mired in human rights controversy as in any sporting event can be, 2022 was not a quiet year.’

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UK Human Rights Blog, 5th January 2023

Source: ukhumanrightsblog.com

What Is In Store For Human Rights In 2023? – Each Other

Posted January 4th, 2023 in bills, brexit, deportation, human rights, immigration, news by sally

‘2022 may be remembered as one of the more turbulent years for human rights in the UK. Now, we look ahead at what might be in store for our rights in 2023.’

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Each Other, 4th January 2023

Source: eachother.org.uk

Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules breaches Article 14 of the ECHR – EIN Blog

Posted January 4th, 2023 in domestic violence, families, human rights, immigration, judicial review, news by sally

‘In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules, and the differential treatment between victims of spousal abandonment inside and outside the UK is not justified and therefore breaches of Article 14 of the ECHR and the Human Rights Act 1998. The fact that the rules protected victims of spousal abandonment if they were present in the UK when they were abandoned, but not if they were outside the UK having been tricked or coerced by their abusive spouse, severely impacted the article 8 rights of the latter victims and could not be justified by the SSHD. AM, the claimant was a national of Pakistan born in 1991. In 2017 she married IM, a British citizen, and she arrived in the UK in December 2017 on a spouse visa valid until August 2020. In December 2018 she gave birth to a daughter. She was subjected to very severe financial, physical, emotional and sexual domestic abuse and, sitting in the Family Division of the High Court, Theis J made findings of very serious domestic abuse against the father. The violence inflicted by IM on AM had resulted in severe and long-lasting physical harm including the removal of one of her ovaries and also a diagnosis of achalasia type 2, which resulted in a weight loss of over 30 kilos.’

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EIN Blog, 3rd January 2023

Source: www.ein.org.uk

Divisional Court upholds Government’s Rwanda policy – an extended look – UK Human Rights Blog

Posted December 21st, 2022 in asylum, deportation, government departments, human rights, immigration, news, refugees by sally

‘On 14th April of this year, the then-Prime Minister, Boris Johnson, announced a new ‘Migration and Economic Development Partnership’ between the UK Government and the Government of Rwanda to enable the removal of certain persons to who enter the UK to claim asylum (particularly those who arrive in small boats crossing the English Channel) to Rwanda, where – if their claims succeeded – they would be resettled.’

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UK Human Rights Blog, 20th December 2022

Source: ukhumanrightsblog.com

Rwanda Policy Ruled Lawful But ‘Awful’ – Each Other

Posted December 21st, 2022 in asylum, deportation, government departments, human rights, immigration, news, refugees by sally

‘The High Court has ruled that the government’s ‘awful‘ Rwanda policy is lawful. This follows an intervention from the European Court of Human Rights, which in a last-minute ruling stopped any flights under the scheme until the UK’s domestic courts could determine if it was legal. While the policy was ruled legal, eight individual cases will be determined separately and another hearing could be launched in 2023 if an appeal is made.’

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Each Other, 20th December 2022

Source: eachother.org.uk

Permacrisis in Public Law? With Sir Jonathan Jones KCB KC – Law Pod UK

‘Emma-Louise Fenelon speaks with Jonathan Jones about recent developments in UK public law and the Constitution. The discussion covers recent political turbulence, the Union, the Northern Ireland Protocol, Judicial Review reforms, Human Rights Act reforms and standards and ethics in public life.’

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Law Pod UK, 12th December 2022

Source: audioboom.com

Prof Brice Dickson: The UK’s Engagement With International Human Rights Monitoring Mechanisms – UK Human Rights Blog

Posted December 6th, 2022 in human rights, news, reports, standards, United Nations by sally

‘On 10 November 2022 the UN Human Rights Council conducted its fourth Universal Periodic Review of the UK’s compliance with international human rights standards. The Council’s report was adopted just six days later and contained no fewer than 302 recommendations from other States on how the UK could improve its human rights record. That figure is up from 227 in 2017. For early accounts of the review meeting see the pieces by Marcial Boo and Robert Booth.’

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UK Human Rights Blog, 5th December 2022

Source: ukhumanrightsblog.com

Woman with Down’s syndrome loses abortion law appeal – BBC News

‘A woman with Down’s syndrome has lost her appeal over a law that allows abortion up until birth for a foetus with the condition.’

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BBC News, 25th November 2022

Source: www.bbc.co.uk

The beginning of a pushback against Article 2 inquests? – UK Human Rights Blog

Posted November 25th, 2022 in appeals, drug abuse, human rights, inquests, mental health, news, suicide by tracey

‘In R (Morahan) v HM Assistant Coroner for West London [2022] EWCA Civ 1410, the Court of Appeal robustly rejected a challenge to the earlier decision of the Divisional Court that Article 2 did not apply to drug related death of a voluntarily admitted psychiatric patient.’

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UK Human Rights Blog, 24th November 2022

Source: ukhumanrightsblog.com

Removal of gametes from brain dead man would breach his rights to privacy: Court of Protection – UK Human Rights Blog

Posted November 25th, 2022 in consent, Court of Protection, families, human rights, news, privacy by tracey

‘The 22 year old patient in this case, X, was unconscious in intensive care during the course of this hearing, following a serious stroke. There was virtually no prospect that he would recover. This urgent application by X’s parents, out of hours, before Poole J was for a declaration that it would be lawful for a doctor to retrieve X’s sperm for storage after his death. The applicants also sought an order that X’s father V could sign the relevant consents under the Human Fertilisation and Embryology Act 1990 (“The 1990 Act”). The applicants did not seek any orders in respect of the use of X’s sperm once collected and stored. That was for another day.’

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UK Human Rights Blog, 24th November 2022

Source: ukhumanrightsblog.com

Saba Shakil: Bridging the gap between remedial reform and judicial practice: A study of challenges to delegated legislation – UK Constitutional Law Associaton

Posted November 24th, 2022 in bills, constitutional law, government departments, human rights, judiciary, news by sally

‘The resurrected Bill of Rights Bill (BoRB) shows that the government is continuing to grasp at the wrong end of the remedies stick – and it will continue to do so until it pays attention to the evidence. ‘

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UK Constitutional Law Association, 24th November 2022

Source: ukconstitutionallaw.org

Awaab Ishak: The Right To An Adequate Standard Of Living Should Prevent Such Deaths – Each Other

‘Awaab Ishak, a two-year-old boy from Rochdale, Greater Manchester, died in 2020 from a severe respiratory condition caused by prolonged exposure to mould in his home, an inquest has heard. The right to an adequate standard of living – which includes decent housing conditions – ought to protect people in the UK from living in a home which causes them harm.’

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Each Other, 21st November 2022

Source: eachother.org.uk

Painful lessons about the duty of candour (more on the unlawful seizure of migrants’ mobiles) – UK Human Rights Blog

‘In this first Judgment, the Court analysed powers granted by the Immigration Acts 1971 and 2016 and rejected the Defendant’s erroneous interpretation of the relevant statutory provisions. It then made consequential orders (also reported) including steps to publicise its ruling, given that over 400 phones, still held, could not be linked to any individual migrant.’

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UK Human Rights Blog, 21st November 2022

Source: ukhumanrightsblog.com

Jane Rooney: The Extraterritorial Application of the Human Rights Act: Overseas Military Operations and Beyond – UK Constitutional Law Association

Posted November 22nd, 2022 in armed forces, bills, constitutional law, human rights, news by sally

‘With the reinstatement of Dominic Raab as Secretary of State for Justice, the Bill of Rights Bill, currently before Parliament, is once again a possibility only weeks after Liz Truss halted its progression on account that it was a ‘complete mess’. This post examines the Bill’s provisions on overseas military operations, how they compare with the UK judiciary’s approach, the Overseas Operations (Service Personnel and Veterans) Act 2021, and the European Court of Human Rights (ECtHR) jurisprudence. Also highlighted are other extraterritoriality issues outside overseas military operations that the UK will have to consider.’

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UK Constitutional Law Association, 22nd November 2022

Source: ukconstitutionallaw.org