Category: human rights

In re E (A Child) – WLR Daily

Posted January 20th, 2014 in care orders, children, EC law, human rights, jurisdiction, law reports, reporting restrictions by sally

In re E (A Child) [2014] EWHC 6 (Fam); [2014] WLR (D) 10

‘In any care or other public law case with a European dimension good practice would now require the court to set out explicitly the basis upon which it had either accepted or rejected jurisdiction and to identify the precise basis upon which it had proceeded. Furthermore, in cases involving foreign nationals there had to be transparency and openness as between the English family courts and the consular and other authorities of the relevant foreign state.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

High Court rules on provision of care for nomadic Gypsy/Traveller children – Halsbury’s Law Exchange

Posted January 20th, 2014 in benefits, children, disabled persons, equality, human rights, judicial review, local government, news, travellers by sally

‘Marc Willers analyses the impact of a High Court ruling which gave an important judgment on the provision of care for nomadic Gypsy and Traveller children.’

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Halsbury’s Law Exchange, 17th January 2014

Source: www.halsburyslawexchange.com

State immunity upheld against human rights challenges in Strasbourg – UK Human Rights Blog

Posted January 20th, 2014 in compensation, human rights, international law, news, Saudi Arabia, state immunity, torture by sally

‘The Strasbourg Court has ruled that the inability of four men to bring torture compensation claims against Saudi Arabia in UK courts did not breach the Convention. The Court held that a “grant of immunity to the state officials in the present case reflected generally recognised rules of public international law” and that there had been no violation of Article 6 (right of access to court).’

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UK Human Rights Blog, 18th January 2014

Source: www.ukhumanrightsblog.com

Saudi Arabia ‘torture’ Britons told they cannot sue – BBC News

Posted January 15th, 2014 in appeals, damages, human rights, news, Saudi Arabia, state immunity, torture by tracey

‘Four British men have failed to overturn a decision by the UK’s highest court which stopped them suing Saudi Arabia for alleged torture. The European Court of Human Rights (ECtHR) ruled that the men’s human rights had not been breached by the British court’s decision.’

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BBC News, 14th January 2014

Source: www.bbc.co.uk

War Crimes, Annoyance Injunctions, and the Whole Life Tariff Saga – UK Human Rights Blog

Posted January 14th, 2014 in armed forces, bills, human rights, injunctions, news, sentencing, war crimes by tracey

‘This week, the International Criminal Court has received a dossier detailing the UK’s involvement in abuse in Iraq. Meanwhile, the House of Lords has put up a fight over the so-called “annoyance injunctions”, while the Government has sought to find a solution to the European Court of Human Rights’ ruling on whole life tariffs.’

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UK Human Rights Blog, 13th January 2014

Source: www.ukhumanrightsblog.com

Atheist Afghan man granted asylum in UK to protect him from ‘religious’ persecution – Daily Telegraph

Posted January 14th, 2014 in Afghanistan, asylum, human rights, Islam, news by tracey

‘A young Afghan man who became an atheist after coming to Britain has been granted asylum on the grounds that the threat to his life for having no faith would amount to “religious” persecution.’

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Daily Telegraph, 13th January 2014

Source: www.telegraph.co.uk

Is the Mental Capacity Act incompatible with the ECHR? – Halsbury’s Law Exchange

Posted January 10th, 2014 in Court of Protection, evidence, human rights, mental health, news, select committees by tracey

‘A group of leading lawyers has expressed concern that the current system for representation of certain protected parties (P) in Court of Protection proceedings is incompatible with the ECHR.’

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Halsbury’s Law Exchange, 10th January 2014

Source: www.halsburyslawexchange.co.uk

Ministers respond to ruling on ‘life means life’ sentences – Daily Telegraph

Posted January 9th, 2014 in courts, human rights, news, sentencing by sally

‘Government will send Europe initial response to controversial Strasbourg ruling which said “whole life” tariffs are a breach of human rights.’

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Daily Telegraph, 9th January 2014

Source: www.telegraph.co.uk

V‏irgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening); Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) v Virgin Atlantic Airways Ltd (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Posted January 8th, 2014 in aircraft, human rights, jurisdiction, law reports, patents by sally

V‏irgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening); Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) v Virgin Atlantic Airways Ltd (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening) [2013] EWCA Civ 1713 ; [2013] WLR (D) 511

‘The English Patents Court had no jurisdiction to review or investigate the decision of European Patent Office (EPO) to register a patent on an application under article 6 of the European Convention on Human Rights and Fundamental Freedoms, since the United Kingdom’s sovereign power in relation to that issue had been surrendered to the EPO under the European Patent Convention (EPC).’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Foreign drug dealer wins human rights case – Daily Telegraph

Posted January 8th, 2014 in ASBOs, deportation, drug trafficking, human rights, immigration, news by sally

‘A Jamaican man who commuted to London every day to sell crack on a council estate has used human rights laws to stop a deportation order.’

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Daily Telegraph, 7th January 2014

Source: www.telegraph.co.uk

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court

Posted January 6th, 2014 in adoption, appeals, families, guardianship, human rights, immigration, interpretation, law reports, Supreme Court by sally

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) [2013] UKSC 81 | UKSC 2012/0181 (YouTube)

Supreme Court, 18th December 2013

Source: www.youtube.com/user/UKSupremeCourt

Mental health patients being denied human rights in court, warn leading lawyers – The Independent

Posted January 6th, 2014 in codes of practice, Court of Protection, human rights, judiciary, mental health, news by sally

‘People with mental health problems are being denied justice by some Court of Protection judges who fail to even consider hearing patients’ testimony, leading lawyers have told a House of Lords inquiry.’

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The Independent, 3rd January 2014

Source: www.independent.co.uk

No rational basis for denying all prisoners the vote, concludes joint Parliamentary Committee – UK Human Rights Blog

Posted December 19th, 2013 in bills, elections, human rights, news, prisons, reports by tracey

‘The Parliamentary Joint Committee on the Draft Voting Eligibility (Prisoners) Bill today published its report.’

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UK Human Rights Blog, 18th December 2013

Source: www.ukhumanrightsblog.com

Scientology, University Unrest and Right to Die – the Human Rights Roundup – UK Human Rights Blog

Posted December 19th, 2013 in assisted suicide, demonstrations, human rights, news, religious discrimination, universities by tracey

‘This week, the Church of Scientology registered a win of sorts in the Supreme Court, while London’s biggest university said no to occupational student protests just as others were contemplating the possibility of gender-segregated talks  Meanwhile, the Home Secretary puts forward her answer to modern day slavery, while the Joint Committee on Human Rights puts pressure on Chris Grayling regarding the proposed legal aid reforms.’

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UK Human Rights Blog, 16th December 2013

Source: www.ukhumanrightsblog.com

Regina v Padda – WLR Daily

Posted December 18th, 2013 in appeals, assets recovery, confiscation, human rights, law reports, proceeds of crime, proportionality, restraint orders by sally

Regina v Padda [2013] EWCA Crim 2330; [2013] WLR (D) 496

‘Section 22(4)(a) of the Proceeds of Crime Act 2002 preserved an obligation on the court and a discretion to make a confiscation order which was just and in so doing it could take into account all relevant circumstances and had to take into account the legislative policy in favour of maximising the recovery of the proceeds of crime, even from legitimately acquired assets.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Lord Judge – Constitutional Change: Unfinished Business – UCL Constitutional Unit

Posted December 18th, 2013 in constitutional law, constitutional reform, human rights, judiciary, news by sally

‘Lord Judge delivered a lecture on the topic of “Constitutional Change: Unfinished Business”.’

Video

UCL Constitutional Unit, 17th December 2013

Source: www.ucl.ac.uk/constitution-unit

European court ‘steamrolling’ Britain, warns leading judge – Daily Telegraph

Posted December 18th, 2013 in EC law, human rights, judges, jurisdiction, news, Supreme Court by sally

‘Lord Mance warns the EU must not “steamroll” national courts to impose human rights rules on countries including the UK’

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Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

Prisoners serving less than a year should be allowed to vote, says Parliamentary committee – The Independent

Posted December 18th, 2013 in bills, elections, human rights, news, prisons by sally

‘Prisoners serving sentences of 12 months or less should be given the vote, the Government is today told by an all-party parliamentary committee.’

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The Independent, 18th December 2013

Source: www.independent.co.uk

Cormac Mac Amhlaigh: Once More Unto the (Public/Private) Breach …: s. 6 of the Human Rights Act 1998 and the Severability Thesis – UK Constitutional Law Group

Posted December 16th, 2013 in demonstrations, human rights, injunctions, interpretation, news, public private partnerships by sally

‘Two interesting recent blog posts dealt with the meaning of public and private under s. 6 of the Human Rights Act 1998. They were motivated by injunction proceedings in the High court whereby the Olympic Delivery Authority, (ODA) the body charged with the logistics and infrastructure of the London Olympic Games, had sought injunctions to restrain protestors from entering and occupying land which was to be developed as part of the Olympic site. The main issues emerging from this case discussed in the two posts was whether the ODA constituted a ‘core’ or ‘hybrid’ public authority under s. 6 HRA; whether it could itself enjoy human rights to defeat or counter any human rights obligations it may hold in its capacity as a ‘hybrid’ body exercising public functions; and where the ‘centre of gravity’ for determining the human rights obligations of hybrid bodies lay under the Act; under the s. 6(3)(b) ‘public function’ test or the definition of ‘private act’ under s. 6(5).’

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UK Constitutional Law Group, 13th December 2013

Source: www.ukconstituionallaw.org

University segregation guidance – manifesting, not imposing, beliefs – Halsbury’s Law Exchange

Posted December 16th, 2013 in freedom of expression, gender, human rights, Islam, news, sex discrimination, universities by sally

‘Controversy has been sparked by the guidance issued by Universities UK entitled External speakers in higher education institutions on the question of gender segregation in university talks.’

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Halsbury’s Law Exchange, 13th December 2013

Source: www.halsburyslawexchange.co.uk