human rights – Page 128 – Current Awareness

Court of Appeal calls on Supreme Court to resolve conflict between UK and Strasbourg law – UK Human Rights Blog

Posted December 12th, 2013 in appeals, delay, detention, human rights, imprisonment, news, Supreme Court, treaties by sally

‘The Court of Appeal has ruled that continued detention in prison following the expiry of the “minimum terms” or “tariff periods” of their indeterminate terms of imprisonment did not breach prisoners’ Convention or common law rights, but has left it to the Supreme Court to determine the substance of the Convention claims in detail.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same – WLR Daily

Posted December 11th, 2013 in appeals, delay, human rights, judicial review, jurisdiction, law reports, prisons, sentencing, Supreme Court by sally

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same [2013] EWCA Civ 1587; [2013] WLR (D) 480

‘Where, in a case involving alleged breaches of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court of Appeal was faced with a conflict between decisions of the House of Lords and the European Court of Human Rights, the court could in appropriate circumstances dismiss the appeal and grant permission to appeal to the Supreme Court to resolve the conflict between the domestic law and that of the European Court, without hearing argument or expressing its views on the case.’

WLR Daily, 9th December 2013

Source: www.iclr.co.uk

Reforming the law on walking naked – a lanyard’s length between Convention rights and the English common law – Halsbury’s Law Exchange

Posted December 11th, 2013 in freedom of expression, human rights, indecent exposure, news by sally

‘I can’t help but smile at the thought of the furore that would ensue if (or when) the European Court of Human Rights were to decide that we English are far too uptight and ought not to be offended by nudity.’

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Halsbury’s Law Exchange, 10th December 2013

Source: www.halsburyslawexchange.co.uk

Gay discrimination and Christian belief: Analysis of Bull v. Hall in the Supreme Court – UK Human Rights Blog

Posted December 11th, 2013 in appeals, Christianity, civil partnerships, EC law, equality, homosexuality, hotels, human rights, marriage, news, religious discrimination, sexual orientation discrimination, Supreme Court by sally

‘The recent confirmation by the Supreme Court that it was unlawful discrimination for Christian hotel owners to refuse a double-bedded room to a same-sex couple was of considerable interest as the latest in a string of high-profile cases involving religious belief and discrimination on the basis of sexual orientation (and the first such judgment involving the highest court in the land). We have already provided a summary of the facts and judgment here, and our post on the Court of Appeal ruling can be found here.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

A tale of three murderers – BBC News

Posted December 11th, 2013 in human rights, murder, news, sentencing by sally

‘Three murderers were sentenced to life imprisonment on one day. The minimum terms set were 18, 27 and 40 years. Why were they so different?’

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BBC News, 11th December 2013

Source: www.bbc.co.uk

Mba v Merton London Borough Council – WLR Daily

Posted December 9th, 2013 in appeals, care workers, Christianity, employment tribunals, human rights, law reports, local government, proportionality, religious discrimination, Sunday trading, working time by sally

Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474

‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog

Posted December 9th, 2013 in appeals, asylum, detention, hospitals, human rights, immigration, medical treatment, mental health, ministers' powers and duties, news by sally

‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’

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UK Human Rights Blog, 6th December 2013

Source: www.ukhumanrightsblog.com

Judges to rule on ‘right to die’ – Daily Telegraph

Posted December 9th, 2013 in appeals, assisted suicide, bills, human rights, judiciary, news, Supreme Court by sally

‘A panel of Britain’s most senior judges are preparing to make a landmark ruling over attempts to introduce a ”right to die” under human rights legislation.’

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Daily Telegraph, 8th December 2013

Source: www.telegraph.co.uk

Mba, Article 9 and Indirect Discrimination – Employment Law Blog

Posted December 6th, 2013 in appeals, Christianity, employment, human rights, news, religious discrimination, tribunals by tracey

‘Ms Eweida, you may recall, is the British Airways employee who wanted to wear a cross on a necklace over her uniform so that others could see it. She considered that that was a religious belief. Over-simplifying, doing what she wanted to do meant a breach of her employer’s dress code. Ms Eweida complained that, amongst other things, she was the victim of an act of indirect discrimination.’

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Employment Law Blog, 5th December 2013

Source: www.employment11kbw.com

National Security trumps disclosure of Litvinenko secret documents, rules High Court – UK Human Rights Blog

Posted December 6th, 2013 in disclosure, documents, human rights, inquests, intelligence services, news, public interest immunity by tracey

‘Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 3724 (Admin). The Foreign Secretary successfully appealed against an order for disclosure of secret documents to the Inquest for the death of former KGB spy Alexander Litvinenko.’

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UK Human Rights Blog, 5th December 2013

Source: www.ukhumanrightsblog.com

European court is not superior to UK supreme court, says Lord Judge – The Guardian

Posted December 5th, 2013 in courts, human rights, judges, news, speeches, treaties by sally

‘The law should be changed to make it clear that British courts are not obliged to implement judgments of the European court of human rights (ECHR), according to the former lord chief justice.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

Juror jailed for contempt for using internet takes case to Europe – BBC News

Posted December 5th, 2013 in appeals, contempt of court, human rights, imprisonment, internet, juries, news, sentencing by sally

‘A Luton juror, who was jailed for contempt of court after carrying out research on the internet during a trial, is taking her case to Europe.’

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BBC News, 5th December 2013

Source: www.bbc.co.uk

What’s the point of human rights? – Lady Hale

Posted December 4th, 2013 in human rights, lectures, legal history, news by sally

What’s the point of human rights? (PDF)

Lady Hale

Warwick Law Lecture, 28th November 2013

Source: www.supremecourt.gov.uk

Prince Charles faces fresh challenge to secret communications with ministers – The Guardian

Posted December 4th, 2013 in bills, freedom of information, human rights, leases, lobbying, news, privilege, royal family, tribunals, veto by sally

‘Prince Charles is to face a fresh challenge to his secret communication channel to government ministers when a court is asked to reveal whether he lobbied for an exemption to property laws affecting his £800m estate.’

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The Guardian, 3rd December 2013

Source: www.guardian.co.uk

Senior judge: European court of human rights undermining democratic process – The Guardian

Posted December 4th, 2013 in detention, elections, human rights, interpretation, judges, judiciary, jurisdiction, news, Northern Ireland, prisons, Supreme Court by sally

‘The European court of human rights exceeds its legitimate powers, usurps the role of politicians and “undermines the democratic process”, one of the UK’s most senior judges has warned.’

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The Guardian, 28th November 2013

Source: www.guardian.co.uk

Slavery – then and, yes, now – Halsbury’s Law Exchange

Posted December 3rd, 2013 in false imprisonment, human rights, news, trafficking in human beings by sally

‘The recent story of three women being freed after an alleged 30 years held captive in a South London house has aroused enormous public interest. It is a shocking example of modern day slavery. Perhaps it is so shocking because we assume that the very practice of slavery no longer exists here; that it lives on only in the history books.’

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Halsbury’s Law Exchange, 2nd December 2013

Source: www.halsburyslawexchange.co.uk

Welfare of child not a trump card against deportation – UK Human Rights Blog

Posted December 2nd, 2013 in asylum, children, deportation, families, human rights, judicial review, news, proportionality by sally

‘The Supreme Court has clarified the principles to be applied when considering the welfare of children in deportation cases. The following summary is based on the Supreme Court’s Press Summary.’

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UK Human Rights Blog, 29th November 2013

Source: www.ukhumanrightsblog.com

Zoumbas v Secretary of State for the Home Department – WLR Daily

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458

“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk