‘UK legislation allowing employers to take disciplinary action against employees for their participation in lawful strike action is in breach of those employees’ human rights, according to a new Supreme Court ruling.’
OUT-LAW.com, 17th April 2024
Source: www.pinsentmasons.com
‘In R (TTT, by her mother and litigation friend UUU) v Michaela Community Schools Trust & Anor [2024] EWHC 842 (Admin), the school’s governing body decided in 2023 to prohibit its pupils from performing prayer rituals on its premises after the Headteacher had banned them as an interim measure. That policy applied to all prayer rituals, regardless of religion, but there was no evidence that pupils of any religion other than Islam wished to perform prayer rituals during the school day. Muslims are required to pray five times a day. The claimant, a Muslim, accepted that the requirements of the school day meant that she would not always be able to fulfil that obligation during the appropriate period; however, she wished to be allowed to perform the midday prayer [Duhr], which during the autumn and winter months would be possible during the school lunch break – which, she argued, was “free time”.’
Law & Religion UK, 17th April 2024
Source: lawandreligionuk.com
‘The core function of public services ombuds is to investigate complaints from individuals about “maladministration” by public bodies which has caused injustice. But ombuds have developed several other important functions designed to improve people’s experiences of public services. For example, as seen in the Council of Europe’s 2019 Venice Principles, ombuds are developing a role ensuring that public bodies do not neglect human rights.’
Essex Constitutional and Administrative Justice Initiative, 15th April 2024
Source: essexcaji.org
‘A high court decision to uphold a prayer ban at one of the highest performing state schools in England has been welcomed by Rishi Sunak and Kemi Badenoch, who described it as a “victory against activists trying to subvert our public institutions”.’
The Guardian, 16th April 2024
Source: www.theguardian.com
‘Prominent human rights lawyers Helena Kennnedy KC and Mark Stephens are among the legal signatories to a letter calling for a simpler test for a strategic lawsuit against public participation (SLAPP) in legislation aimed at curbing abusive litigation.’
Law Society's Gazette, 11th April 2024
Source: www.lawgazette.co.uk
‘Strasbourg Court fashions human rights out of climate change. David Hart KC discusses latest developments with Rosalind English.’
Law Pod UK, 10th April 2024
Source: audioboom.com
‘The High Court has rejected a judicial review challenge to an assistant coroner’s decision not to hold an Article 2 inquest examining whether two public bodies had any responsibility for a woman’s death.’
Local Government Lawyer, 11th April 2024
Source: www.localgovernmentlawyer.co.uk
‘The Private Life immigration route was introduced along with many other changes to the rules in July 2012 to implement the government’s view of its obligations under Article 8 ECHR. These rules have been amended several times since then, often in response to judicial findings and particularly in relation to children and young adults, by which we mean those under 18, and those aged between 18 and 24.’
EIN Blog, 9th April 2024
Source: www.ein.org.uk
‘A cross-party group of MPs is proposing to make abortion access a human right in England and Wales, putting forward legislation that would decriminalise abortion up to 24 weeks and introduce protections against access being stripped back.’
The Guardian, 8th April 2024
Source: www.theguardian.com
‘On 6 March 2024 the Supreme Court handed down two separate judgments in the cases of Bertino v Public Prosecutor’s Office, Italy [2024] UKSC 9 and Merticariu v Judecatoria Arad, Romania [2024] UKSC 10. The constitution of the Court for both cases was the same with the judgments written by Lord Stephens and Lord Burnett. Lords Hodge, Sales and Burrows completed the panel.’
UK Human Rights Blog, 4th April 2024
Source: ukhumanrightsblog.com
‘The former director of public prosecutions for England and Wales has warned against the risk of creating “thought crimes” amid the recent clampdown on protesters and demonisation of demonstrators by politicians.’
The Guardian, 24th March 2024
Source: www.theguardian.com
‘The House of Lords has inflicted fresh defeats on the government over its flagship Rwanda bill, meaning further delay to it becoming law.’
BBC News, 21st March 2024
Source: www.bbc.co.uk
‘The County Court has given judgment in Ali v Green Party of England and Wales [Central London County Court, 9 February 2024]. For the first time, the court had to consider the interaction between the Equality Act 2010 association provisions, the protected characteristic of belief, and the rights of political parties and their members under the European Convention on Human Rights. The decision will be of great interest to political parties and campaigners of all kinds.’
Cloisters, 9th February 2024
Source: www.cloisters.com
‘This article addresses work-related and gendered harms of the “hostile environment”, a set of measures implemented through the Immigration Acts of 2014 and 2016, which aims to make life in the UK impossible for irregular migrants. The hostile environment criminalises work without legal status, facilitates data sharing between public bodies and immigration enforcement, and restricts access services and benefits. The article examines factors that can make women susceptible to irregularity and exposure to hostile environment measures, and distinctive forms of gendered harm such as workplace sexual harassment. It argues that the detrimental impacts of the hostile environment contravene international and regional human rights obligations. Barring certain migrants from access to the labour market may violate the socio-economic right to work and/ or the right to private and family life, while a lack of access to legal remedy or labour inspection fuelled can violate migrants’ right to decent work and undermine protections against forced labour. The UK’s recent ratification of the Council of Europe’s “Istanbul Convention” and ILO Convention 190 on violence and harassment at work signifies a renewed commitment to safeguarding women regardless of migration status, but the universalistic potential of these instruments is undermined by the hostile environment’s continued operation.’
Industrial Law Journal, March 2024
Source: academic.oup.com
‘Rishi Sunak’s Rwanda deportation bill could be forced on to the statute books without fulfilling the government’s legal commitment to independent scrutiny, the former borders watchdog has told peers.’
The Guardian, 19th March 2024
Source: www.theguardian.com
‘This article explores how legal academics approach sensitive topics in human rights law, specifically how content is chosen, curated and discussed with students. It draws on data collected as part of a small pilot study which looked at how human rights academics approach “controversial” topics and how their views on controversy and sensitivity may be reflected in their curriculum. It focuses on the wider debate around trigger warnings in higher education and explores how academics use them. It concludes that, despite their negative reputation, “trigger warnings” can play a necessary and welcome role in navigating sensitive material.’
The Law Teacher, 1st March 2024
Source: www.tandfonline.com
‘This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (ECHR) and evaluates the challenges that the UK’s moving away from ECHR compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the ECHR in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the ECHR with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.’
EIN Blog, 14th March 2024
Source: www.ein.org.uk
‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’
UK Constitutional Law Association, 14th March 2024
Source: ukconstitutionallaw.org
© Inner Temple Library 2024