human rights – Page 136 – Current Awareness

Hostility to the European Court and the risks of contagion – Philip Leach and Alice Donald – UK Human Rights Blog

Posted November 22nd, 2013 in courts, human rights, judiciary, news, treaties by sally

‘The relationship between the UK and the European Court remains turbulent and fractious. The Court has been the subject of significant criticism, notably from some politicians and commentators in the UK, relating to its supposed interference in domestic, sovereign questions and the quality of its judges. Some commentators, such as Michael Pinto-Duschinsky and the MP Nick Herbert have advocated withdrawal from the jurisdiction of the Court.’

UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com

EU Controversy, Churchill and the Charter – The Human Rights Roundup – UK Human Rights Blog

Posted November 22nd, 2013 in charters, EC law, human rights, international law, news, terrorism by sally

‘This week, Chris Grayling and the Court of Justice go head to head over the domestic status of the Charter of Fundamental Rights, while the ghost of Winston Churchill comes back to haunt the “United States of Europe” debate. Meanwhile, Theresa May’s plans to deprive terrorist suspects of their British citizenship are under fire, while calls for press accountability are repeated.’

UK Human Rights Blog, 20th November 2013

Source: www.ukhumanrightsblog.com

Who’s right about the EU Charter of Fundamental Rights? – Head of Legal

Posted November 22nd, 2013 in charters, constitutional law, EC law, human rights, international law, news by sally

‘Confusion abounds about the EU Charter of Fundamental Rights following Mr Justice Mostyn’s recent judgment in R (AB) v Home Secretary (in which he appeared to say the Charter puts into UK law all sorts of new rights British governments had wanted to exclude) and Tuesday’s reaction by the Lord Chancellor Chris Grayling (who, it’s reported, is urgently trying to clarify whether the Charter ”applies in the UK”).’

Head of Legal, 21st November 2013

Source: www.headoflegal.com

Podcast 224: Dexter Dias QC on female genital mutilation and human rights – Charon QC

Posted November 21st, 2013 in barristers, crime, female genital mutilation, human rights, news, prisons, women by sally

“Dexter Dias QC talks to me about the legal and moral issues involved in female genital mutilation and the increasing prison population in the USA and UK.”

Charon QC, 20th November 2013

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted November 21st, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by sally

Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 72 (YouTube)

Supreme Court, 20th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Will Marine “A” keep his anonymity? – UK Human Rights Blog

Posted November 19th, 2013 in anonymity, armed forces, courts martial, human rights, murder, news, third parties by sally

“Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan.”

UK Human Rights Blog, 18th November 2013

Source: www.ukhumanrightsblog.com

Extradition: why the government is wrong to remove the automatic right to appeal – Halsbury’s Law Exchange

Posted November 18th, 2013 in Administrative Court, appeals, bills, extradition, human rights, legal aid, legal representation, news, proportionality, time limits, warrants by sally

“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”

Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

Gay rights group challenges Charity Commission refusal – The Guardian

Posted November 18th, 2013 in appeals, charities, homosexuality, human rights, news, public interest by sally

“A human rights organisation that supports gay and lesbian individuals in countries where homosexuality is outlawed has been denied charitable status on the grounds that it is not sufficiently of ‘public benefit’.”

The Guardian, 17th November 2013

Source: www.guardian.co.uk

Government response and progress update to Equality and Human Rights Commission report ‘Hidden in Plain Sight’ – Home Office

Posted November 15th, 2013 in criminal justice, disabled persons, Equality and Human Rights Commission, harassment, hate crime, human rights, press releases, reports by sally

“In July 2012, the government published its response to the EHRC recommendations from its inquiry into disability related harassment. Our response set out our commitment to tackle disability related harassment and how we planned to take forward work to address the issues identified, including through ‘Challenge it, Report it, Stop it’, the government’s plan to tackle hate crime. This update provides an overview of the government’s specific achievements to address hate crime and disability-related harassment to date. Over the last year we have made significant progress in a number of areas to identify gaps and improve our response to disability equality, change negative attitudes and provide support for disabled people and disabled people’s organisations.”

Home Office, 14th November 2013

Source: www.gov.uk/home-office

Family of devout Muslim in minimally conscious state lose right-to-life case – The Guardian

Posted November 14th, 2013 in hospital orders, human rights, Islam, news by sally

“The family of an elderly devout Muslim who is in a minimally conscious state have lost their legal bid to prolong his life. They argued that the 72-year-old man, who can be identified only as VT, would regard his suffering as bringing him closer to God.”

The Guardian, 13th November 2013

Source: www.guardian.co.uk

Too little too late as Daily Mail “corrects” bogus human rights splash – UK Human Rights Blog

Posted November 13th, 2013 in compensation, human rights, media, news by sally

“The Daily Mail has belatedly ‘corrected’ its front page story on human rights damages, over a month after it appeared on 7 October 2013. Early last month I blogged on the original bogus article, which was so poor it generated a response from the ordinarily placid Council of Europe.”

UK Human Rights Blog, 12th November 2013

Source: www.ukhumanrightsblog.com

Miranda, Prisoner Votes & Judicial Review Myths – The Human Rights Roundup – UK Human Rights Blog

Posted November 13th, 2013 in airports, benefits, bills, detention, disabled persons, elections, freedom of expression, human rights, judicial review, media, news, prisons, select committees, terrorism by sally

“This week, the Parliamentary Joint Committee on the draft Voting Eligibility (Prisoners) Bill took evidence , and there were notable comments from the Secretary General of the Council of Europe, the body which monitors compliance with the European Court of Human Rights. Meanwhile, Baroness Hale weighed in on the proposed judicial review changes and, continuing along the judicial review vein, David Miranda (pictured) began his claim on Wednesday.”

UK Human Rights Blog, 11th November 2013

Source: www.ukhumanrightsblog.com

Sudanese sex offender wins damages for being held in custody too long – The Guardian

Posted November 13th, 2013 in appeals, child abuse, damages, delay, deportation, detention, human rights, immigration, news, sentencing, sexual offences by sally

“A sex offender has won the right to damages after the court of appeal ruled he was held in custody for too long while attempts to deport him were unsuccessful.”

Thr Guardian, 12th November 2013

Source: www.guardian.co.uk

Watch that Charter – UK Human Rights Blog

Posted November 12th, 2013 in asylum, EC law, human rights, news, torture, treaties by sally

“AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin). Here unfolds a story of sophisticated abuse of the asylum system in this country by an individual skilfully shamming persecution. Nor did the security agents who escorted the claimant on his departure come up smelling of roses: it emerged during the course of these proceedings that they had falsified a room clearance certificate to boost the defence case.”

UK Human Rights Blog, 8th November 2013

Source: www.ukhumanrightsblog.com

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others- WLR Daily

Posted November 11th, 2013 in human rights, investigatory powers, law reports, personal injuries, police, professional conduct, tribunals by michael

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others [2013] EWCA Civ 1342; [2013] WLR (D) 424

“An intimate sexual relationship instigated by an undercover police officer with a member of the public to obtain information was included in the phrase ‘personal or other relationship’ in section 26(8)(a) of the Regulation of Investigatory Powers Act 2000, and as such was conduct of the type which could be authorised under section 27 of the Act. Human rights claims arising out of such conduct carried out in ‘challengeable circumstances’ came within the exclusive jurisdiction of the Investigatory Powers Tribunal under section 65 of the 2000 Act. Claims in tort arising out of substantially the same facts could proceed in the High Court.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

Christian coronations of future monarchs face legal challenge – The Guardian

Posted November 11th, 2013 in Christianity, Church of England, equality, human rights, news, royal family by michael

“Campaigners are to attempting to launch a legal challenge to the Christian coronation of future monarchs in an attack on the most powerful symbol of the union between church and state.”

The Guardian, 10th November 2013

Source: www.guardian.co.uk

UK objects to attempt by Council of Europe to examine online spying – The Guardian

Posted November 11th, 2013 in electronic mail, human rights, intelligence services, interception, internet, news, privacy, public interest by michael

“Britain is delaying the publication of a declaration on internet freedom by the 47 members of Europe’s human rights watchdog after objecting to a probe into the gathering of ‘vast amounts of electronic data’ by intelligence agencies.”

The Guardian, 8th November 2013

Source: www.guardian.co.uk

The “uneasy” co-existence of public interest immunity and closed material procedure – UK Human Rights Blog

Posted November 8th, 2013 in closed material, damages, human rights, news, public interest immunity, torture by sally

“CF v Security Service and others and Mohamed v Foreign and Commonwealth Office and others [[2013] EWHC 3402 (QB). The High Court has today made the first court ruling on the use of the Justice and Security Act 2013 in a civil claim for damages.”

UK Human Rights Blog, 7th November 2013

Source: www.ukhumanrightsblog.com

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