Bill of Rights: ‘Collision course with rule of law’ – Law Society’s Gazette

Posted June 23rd, 2022 in bills, human rights, news, rule of law by sally

‘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].’

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Law Society's Gazette, 22nd June 2022

Source: www.lawgazette.co.uk

Sudanese trafficking victims must stay in detention, judge rules – The Guardian

‘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.’

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The Guardian, 20th June 2022

Source: www.theguardian.com

The Public Order Bill ‘Fundamentally Threatens’ UK Democracy – Each Other

Posted June 16th, 2022 in bills, freedom of expression, human rights, news, public order by sally

‘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.’

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Each Other, 15th June 2022

Source: eachother.org.uk

New Judgment: Secretary of State for the Home Department v SC (Jamaica) [2022] UKSC 15 – UKSC Blog

Posted June 16th, 2022 in deportation, human rights, Jamaica, news, Supreme Court by sally

‘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.’

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UKSC Blog, 15th June 2022

Source: ukscblog.com

What is the European Court of Human Rights? Key questions as Rwanda flight grounded – The Independent

‘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.’

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The Independent, 15th June 2022

Source: www.independent.co.uk

Thames Valley Police apologises over man’s heroin death in cell – BBC News

‘A police force has apologised to the family of a man who died in custody after taking heroin in his cell.’

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BBC News, 15th June 2022

Source: www.bbc.co.uk

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

‘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.’

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Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk

Joint Enterprise: Does Conviction By Association Pose A Risk To Human Rights? – Each Other

‘ “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.’

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Each Other, 26th May 2022

Source: eachother.org.uk

How Deportation Flights Affect Our Human Rights – Each Other

Posted May 26th, 2022 in deportation, human rights, immigration, news by sally

‘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).’

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Each Other, 25th May 2022

Source: eachother.org.uk

Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

Why The Human Rights Act Matters To Journalists – Each Other

Posted May 24th, 2022 in bills, human rights, media, news by sally

‘The Justice Secretary, Dominic Raab, recently took to the Mail Online to justify his plans to introduce a Bill of Rights replacing the Human Rights Act (HRA), the UK law that obliges the government to ensure our rights as citizens are upheld.’

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Each Other, 23rd May 2022

Source: eachother.org.uk

Agent’s abused former partner in legal action against MI5 – BBC News

‘A woman who was terrorised and abused by an MI5 agent is taking legal action against the security service.’

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BBC News, 21st May 2022

Source: www.bbc.co.uk

Proposed Reforms to the UK Human Rights Act – Oxford Human Rights Hub

Posted May 20th, 2022 in consultations, government departments, human rights, news by sally

‘In December 2021, the UK Government released its consultation document proposing changes to the Human Rights Act 1998. That document followed the report of the Independent Human Rights Act Review, established in 2020 to examine, first, the relationship between domestic UK courts and the European Court of Human Rights (ECtHR), and second, the impact of the Human Rights Act 1998 on the relationship between the three branches of state in the UK. Incidentally, the Oxford Human Rights Hub submitted evidence to that latter report. This article considers some of the most important proposed changes.’

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Oxford Human Rights Hub, 18th May 2022

Source: ohrh.law.ox.ac.uk

Daughter of woman whose corpse was abused loses High Court inquiry fight – The Independent

‘A woman whose mother’s corpse was abused by a necrophiliac murderer has lost a High Court fight with Health Secretary Sajid Javid over arrangements for a public inquiry.’

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The Independent, 17th May 2022

Source: www.independent.co.uk

Dual national Pakistani killer who renounced British citizenship loses deportation battle in Court of Appeal – EIN Blog

‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’

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EIN Blog, 13th May 2022

Source: www.ein.org.uk

Levi Bellfield: Raab says granting marriage request ‘inconceivable’ – The Guardian

‘Granting Levi Bellfield’s request to get married in prison is “inconceivable” unless serious safeguarding concerns are addressed, Dominic Raab has said. Bellfield, who murdered Marsha McDonnell, Amelie Delagrange and Milly Dowler, is engaged and has requested a prison wedding, the Ministry of Justice has confirmed.’

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The Guardian, 12th April 2022

Source: www.theguardian.com

The Government’s Proposed Bill Of Rights Is A ‘Power Grab’ – Each Other

‘On the same day Prince Charles declared in the Queen’s Speech that the government intends to replace the Human Rights Act (HRA) with a new Bill of Rights, civil liberties activists rallied behind a campaign in what may be a last attempt to protect it.’

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Each Other, 11th May 2022

Source: eachother.org.uk

Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld – UK Human Rights Blog

‘The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to the extent that the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.’

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UK Human Rights Blog, 3rd May 2022

Source: ukhumanrightsblog.com

Supreme Court grants permission to appeal over gang injunction secured by council – Local Government Lawyer

‘The Supreme Court has agreed to hear an appeal over whether a gang injunction obtained by Birmingham City Council breached human rights law.’

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Local Government Lawyer, 3rd May 2022

Source: www.localgovernmentlawyer.co.uk

Unequal Protection for LGBT+ Victims of Domestic Abuse – Oxford Human Rights Hub

‘Almost a decade ago, on 16 July 2012, Mr C was killed by his boyfriend, Mr Y. Pursuant to the Domestic Violence Crime and Victims Act 2004, local authorities conducted a review into the circumstances of C’s death. According to the Review, Mr C had been assaulted over a period of months and probably years. He had seen multiple health professionals in the last years of his life, none of whom had picked up on the signs of abuse or asked about it.’

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Oxford Human Rights Hub, 27th April 2022

Source: ohrh.law.ox.ac.uk