High Court blocks UK detainee transfers in Afghanistan – BBC News

“The UK government has been blocked from resuming the transfer of detainees caught in Afghanistan by UK forces to the Afghan authorities.”

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BBC News, 2nd November 2012

Source: www.bbc.co.uk

Related link: Document released in court by MoD

Secret courts plan may be incompatible with Human Rights Act says watchdog – The Guardian

Posted November 1st, 2012 in bills, civil justice, closed material, human rights, news, private hearings by sally

“The government’s plans for a new generation of secret courts faced a fresh setback on Wednesday when its own human rights watchdog warned the proposals could be incompatible with the law”

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The Guardian, 31st October 2012

Source: www.guardian.co.uk

Watchdog warns over secret hearings – The Independent

“Government plans to extend the use of secret hearings in courts are not compatible with the Human Rights Act, the equalities watchdog has said.”

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The Independent, 31st October 2012

Source: www.independent.co.uk

Prisoners’ votes: what’s the government up to? And are they missing a trick? – Head of Legal

Posted October 31st, 2012 in bills, elections, human rights, jurisdiction, news, parliament, prisons by sally

“It’s well known that the government faces a problem when it comes to prisoners’ votes.”

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Head of Legal, 30th October 2012

Source: www.headoflegal.com

Child maintenance powers ’emasculated’ after court ruling – Daily Telegraph

“Absent parents who fail to support their children may no longer be threatened with jail after a court ruling against a Government body set up to pursue them.”

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Daily Telegraph, 31st October 2012

Source: www.telegraph.co.uk

Working with the elderly and infirm: a delicate balance of rights – UK Human Rights Blog

“Close on the heels of last week’s decision regarding disclosure of information from the Child Sex Offenders Register comes this ruling on the police decision to disclose certain information from a nurse’s enhanced criminal records certificates without affording her an opportunity to make representations before the information was released.”

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UK Human Rights Blog, 30th October 2012

Source: www.ukhumanrightsblog.com

Prisoner votes: Strasbourg should give way to national independence – The Guardian

Posted October 30th, 2012 in constitutional law, courts, elections, human rights, news, parliament, prisons by sally

“The constitutional crisis predicted for years by Professor Vernon Bogdanor is upon us. He warned that the human rights reforms of the 1990s created a potential conflict between the sovereignty of parliament and the rule of law. ‘What happens if there is a clash between the two principles?’ he asked in his Magna Carta lecture of 2006. A very senior judge to whom he had posed the conundrum had replied ‘That is a question that ought not to be asked.'”

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The Guardian, 29th October 2012

Source: www.guardian.co.uk

Parliament and the judiciary – Speech by the Attorney General Dominic Grieve QC MP

Posted October 29th, 2012 in human rights, judiciary, parliament, parliamentary privilege, speeches by sally

Parliament and the judiciary

Speech by the Attorney General Dominic Grieve QC MP

BPP Law School, 25th October 2012

Source: www.attorneygeneral.gov.uk

Last quango in Paris? Why the fate of the EHRC is important for all of us – UK Human Rights Blog

Posted October 29th, 2012 in bills, human rights, jurisdiction, news by sally

“In its foreign policy, the UK Government is a keen advocate of national human rights institutions (NHRI’s). The Brighton Declaration, drafted by the UK, encourages Council of Europe States to consider ‘the establishment, if they have not already done so, of an independent National Human Rights Institution’. In June 2012 the UK signed a UN General Assembly resolution ‘Reaffirming the important role that such national institutions play and will continue to play.’”

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UK Human Rights Blog, 28th October 2012

Source: www.ukhumanrightsblog.com

Prisoners to launch legal action on voting rights – The Guardian

Posted October 29th, 2012 in compensation, elections, human rights, news, prisons by sally

“Prisoners denied the right to vote are to start legal proceedings for compensation immediately in wake of the declaration by David Cameron that he will not change the law despite a ruling by the European court of human rights and the views of his senior law officer Dominic Grieve.”

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The Guardian, 28th October 2012

Source: www.guardian.co.uk

Regina (George) v Secretary of State for the Home Department – WLR Daily

Posted October 26th, 2012 in deportation, human rights, immigration, judicial review, law reports by tracey

Regina (George) v Secretary of State for the Home Department: [2012] EWCA Civ 1362; [2012] WLR (D) 290

“The making of a deportation order automatically invalidated a grant of indefinite leave to remain. Revocation of the deportation order would revive the indefinite leave to remain, but in the case of a foreign criminal who could not be deported for legal reasons, the Secretary of State had power to revoke leave under section 76 of the Nationality, Asylum and Immigration Act 2002.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

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

Posted October 26th, 2012 in children, deportation, human rights, immigration, law reports, public interest by tracey

Mohan v Secretary of State for the Home Department: [2012] EWCA Civ 1363; [2012] WLR (D) 291

“The Court of Appeal adopted and endorsed guidance given by the Upper Tribunal (Immigration and Asylum Chamber) on the approach to be taken where the automatic deportation procedure under section 32 of the UK Borders Act 2007 arose in the context of a claim under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which was also under consideration in family proceedings.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Recall of prisoner on home curfew did not breach right to liberty – UK Human Rights Blog

Posted October 26th, 2012 in detention, freedom of movement, human rights, news, release on licence by tracey

“Whiston, R (on the application of) v Secretary of State for Justice – when a prisoner is recalled from home detention curfew he does not suffer a fresh deprivation of liberty so as to engage Article 5(4) of the Convention.”

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UK Human Rights Blog, 25th October 2012

Source: www.ukhumanrightsblog.com

Why does the notion of human rights get such a bad press in Britain? – The Independent

Posted October 26th, 2012 in human rights, judges, news by tracey

“The jurisdiction of the European Court of Human Rights runs in 47 countries, but it is criticised most overtly and regularly in Britain. The outgoing president asks why.”

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The Independent, 24th October 2012

Source: www.independent.co.uk

More shenanigans on prisoner votes – UK Human Rights Blog

Posted October 25th, 2012 in elections, human rights, news, prisons by sally

“The Government has until 22 November to put forth legislative proposals in order to comply with the court’s rulings on prisoner votes.”

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UK Human Rights Blog, 25th October 2012

Source: www.ukhumanrightsblog.com

Why saving the Human Rights Act will be good for your health – UK Human Rights Blog

Posted October 25th, 2012 in bills, health, human rights, legislation, news by sally

“Debate about whether the Human Rights Act (HRA) might be replaced by a new UK Bill of Rights often dwells on the potential loss, or at least weakening, of the legal route to accountability and redress for victims of human rights violations. An event next month in Liverpool reminds us how much more might be lost if the HRA were to be scrapped or watered down. In particular, it highlights the significance of section 6 of the Act, which requires all public authorities to act in a way which is compatible with European Convention rights unless primary legislation requires them to act otherwise.”

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UK Human Rights Blog, 24th October 2012

Source: www.ukhumanrightsblog.com

Prisoner votes row will lose the government respect – The Guardian

Posted October 25th, 2012 in attorney general, elections, human rights, news, prisons by sally

“Cameron’s depressing announcement means the UK’s reputation will suffer – and it was a snub to his attorney general.”

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The Guardian, 24th October 2012

Source: www.guardian.co.uk

Blow to Sarah’s Law as judges rule paedophiles’ human rights should be considered – Daily Telegraph

Posted October 25th, 2012 in criminal records, disclosure, human rights, judgments, news, sexual offences by sally

“A High Court ruling said paedophiles should be allowed to make representations before their details are revealed to members of the public.”

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Daily Telegraph, 24th October 2012

Source: www.telegraph.co.uk

Disclosure of sex offender information – new high court judgment – Panopticon

Posted October 25th, 2012 in criminal records, disclosure, human rights, judgments, news, sexual offences by sally

“The High Court has today handed down an important judgment on the legality of the Government’s Child Sex Offender Disclosure Scheme (CSOD): X(South Yorkshire) v Secretary of State for the Home Department [2012] EWHC 2954 (Admin). CSOD is a non statutory scheme which police forces nationally have been free to adopt since 2010. It enables members of the public to ask the police to provide details of a person who has some form of contact with children with a view to ascertaining whether that person had convictions for sexual offences against children or whether there is other relevant information about him or her which ought to be made available.”

Full story

Panopticon, 24th October 2012

Source: www.panopticonblog.com

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same – WLR Daily

Posted October 24th, 2012 in asylum, human rights, judicial review, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same [2012] EWCA Civ 1336; [2012] WLR (D) 282

“Persons who had sought, or been granted, asylum in Italy but had since come to the United Kingdom could not resist return to Italy on the ground that they faced inhuman or degrading treatment there unless it could be shown that there was a systemic deficiency in the system of refugee protection in that country. Short of such evidence, in respect of which the view of the United Nations High Commissioner for Refugees (‘UNHCR’) was pre-eminent, even powerful evidence of individual risk was of no avail.”

WLR Daily, 17th October 2012

Source: www.iclr.co.uk