‘The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known.’
UK Constitutional Law Association, 5th July 2022
Source: ukconstitutionallaw.org
‘On Friday 24th June 2022, in Dobbs v Jackson Women’s Health Organization, the US Supreme Court (SCOTUS) overruled the right to an abortion nearly 50 years since it first declared it a constitutionally protected right. An outpour of protests and condemnation followed the release of the opinion, with many legal professionals, politicians and NGOs across Europe speaking out against the devastating consequences this decision will have on women’s and other pregnant people’s rights in the US. Pregnancy holds implications for women’s physical and social identity, with repercussions on the woman’s economic status, her chance for education, career and ability to pursue the life she chooses, not least to mention her physical health. In the opinion of this blog’s authors, a pivotal decision such as access to an abortion should be shielded from state interference.’
UK Constitutional Law Association, 30th June 2022
Source: ukconstitutionallaw.org
‘The Appellant in R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 was assigned female at birth, however during and after puberty they felt revulsion at their body and underwent surgery in 1989 and 1990 to alleviate those feelings. The Appellant who identifies as non-gendered, is a campaigner for the legal and social recognition of this category. The provision of “X passports” are a focal point of the Appellant’s campaign.’
UK Human Rights Blog, 4th July 2022
Source: ukhumanrightsblog.com
‘A legal challenge claiming the London Borough of Hackney’s decision not to refer a mother to a housing association on the basis of her not being part of the Orthodox Jewish Community (OJC) has been unanimously dismissed by the European Court of Human Rights (ECHR).’
Local Government Lawyer, 1st July 2022
Source: www.localgovernmentlawyer.co.uk
‘Dominic Ruck Keene outlines a case in which an article 2 inquest determination concerning Community Mental Health Services was quashed.’
Local Government Lawyer, 1st July 2022
Source: www.localgovernmentlawyer.co.uk
‘Dominic Raab has expressed doubts about including the right to an abortion in the forthcoming bill of rights, saying the matter was already “settled in UK law”.’
The Guardian, 29th June 2022
Source: www.theguardian.com
‘If enacted in its present form the Bill of Rights Bill would compromise judicial independence, dilute ECHR rights protection, and undermine the principle of parliamentary democracy that it purports to protect. The Bill seeks to repeal the Human Rights Act 1998 (HRA 1998) in full and replace it with legislation which, according to a Government press release, will “ensure courts cannot interpret laws in ways that were never intended by Parliament”. It also seeks to inject a “healthy dose of common sense” into courts’ protection of Convention rights.’
Oxford Human Rights Hub, 27th June 2022
Source: ohrh.law.ox.ac.uk
‘In R (Gorani) v HM Assistant Coroner for Inner West London [2022] EWHC1593 (QB), a Divisional Court comprising Macur LJ and Garnham J rejected on all grounds a wide-ranging challenge to the conduct of in inquest into a suicide. Of particular interest were the Court’s observations on the effect of a finding that the investigative duty under article 2, ECHR was engaged, and their clarification that a coroner does not need to hear submissions before refusing to make a ‘preventing future deaths’ report. That said, it is a broad and interesting judgment and deserves reading in full by those with an interest in coronial law.’
UK Human Rights Blog, 28th June 2022
Source: ukhumanrightsblog.com
‘The Bill of Rights Bill is framed by the Government as necessary to ensure “meaningful democratic oversight” of human rights protection in the UK, with Conservative MPs keen to present the Bill as a means to restore sovereignty in the face of interfering judges – both at the level of the European Court of Human Rights (ECtHR) and UK courts. However, as this post will argue, the Bill undermines sovereignty and meaningful democratic oversight of rights protection in at least three ways not acknowledged by the Government and the Bill’s supporters. These are in the Bill’s process, presentation and procedures. That is, sovereignty is undermined by, first, the Bill’s process through Parliament, second, its presentation to Parliament by the Government, and third, via the procedures contained in the Bill that facilitate executive interference with judicial scrutiny of human rights protection. As we will see, while the Government purports to be placing parliamentary authority at the centre of UK human rights protection, in reality the executive is seeking more power to manipulate human rights law to its own advantage.’
UK Constitutional Law Association, 27th June 2022
Source: ukconstitutionallaw.org
‘New internet legislation will hand ministers “unprecedented” censorship powers, with significant implications for free speech, new research warns.’
The Independent, 27th June 2022
Source: www.independent.co.uk
‘Freedom of speech and the views of elected lawmakers will be given greater weight in law under a Bill of Rights introduced to Parliament today (Wednesday 22 June).’
Ministry of Justice, 22nd June 2022
Source: www.gov.uk
‘The provisions so far announced for the government’s Bill of Rights will put the UK on a collision course with the rule of law, the Law Society said this morning [22 June].’
Law Society's Gazette, 22nd June 2022
Source: www.lawgazette.co.uk
‘Three Sudanese victims of torture and trafficking who were threatened with being deported to Rwanda on a controversial charter flight last week have had their pleas to be released from detention rejected by a high court judge.’
The Guardian, 20th June 2022
Source: www.theguardian.com
‘In the UK, there are several Bills and Acts that may threaten the right to free speech under UK and international law, including the Public Order Bill, The Police, Crime, Sentencing and Courts Act 2022, The Online Safety Bill to name a few. The right to free speech is protected under Article 10 of the the Human Rights Act (HRA) and under Article 19 of the Universal Declaration of Human Rights. Freedom of speech protects the right to express and disseminate opinions, ideas and information through any means, as well as providing a tool to hold authorities to account. Quinn McKew, Executive Director of advocacy group Article 19, tells us how the Public Order Bill threatens democracy in the UK.’
Each Other, 15th June 2022
Source: eachother.org.uk
‘The Appellant is a Jamaican national, born in 1991. He came to the UK in December 2001 and has lived here since then. The Appellant’s mother is a lesbian who was persecuted by gang members in Jamaica, at whose hands both the Appellant and his mother suffered violence, harassment and assault. The Appellant and his mother were granted indefinite leave to remain in the UK as refugees in October 2003. The Appellant committed several criminal offences between 2005 and 2012. In June 2012, the Appellant was convicted of assault causing actual bodily harm for which he was sentenced to two years in a young offender’s institution. As a result, the Appellant is a foreign criminal who qualifies for automatic deportation under the UK Borders Act 2007.’
UKSC Blog, 15th June 2022
Source: ukscblog.com
‘The first deportation flight of migrants to Rwanda was cancelled at the last minute on Tuesday night following interventions from the European Court of Human Rights.’
The Independent, 15th June 2022
Source: www.independent.co.uk
‘A police force has apologised to the family of a man who died in custody after taking heroin in his cell.’
BBC News, 15th June 2022
Source: www.bbc.co.uk
‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’
Local Government Lawyer, 9th June 2022
Source: www.localgovernmentlawyer.co.uk
‘ “Joint enterprise” is a common law doctrine according to which an individual can be jointly convicted of the crime of another. It is a feature of law that has been misinterpreted for over 30 years. Now, the Crown Prosecution Service (CPS) and the Ministry of Justice (MOJ) may face legal action for breaching their duties under the Equality Act 2010 by failing to record data on joint enterprise prosecutions.’
Each Other, 26th May 2022
Source: eachother.org.uk
‘Last Wednesday, the UK government deported seven Jamaican nationals living in the UK. Under the UK Borders Act (2007), any foreign national who has served a prison sentence of 12 months or longer may face deportation. One father left behind his partner and his five-year-old daughter. For him, and for others in his position, it will be a struggle to see his family again, despite the right to a family life which is protected under the Human Rights Act (HRA).’
Each Other, 25th May 2022
Source: eachother.org.uk
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