Hate speech and the meaning of “unacceptable behaviour” – UK Human Rights Blog

“Late last year I posted about the case of Mr Mahajna, a national of Israel (but of Palestinian origin), who appealed against a deportation order issued by the Home Secretary under section 3(5) of the Immigration Act 1971 on the basis that his presence in the United Kingdom was not conducive to public good.

And so to the Upper Tribunal (UT), which has now issued its decision on Mr Mahajna’s appeal against the FTT’s decision.”

Full story

UK Human Rights Blog, 26th April 2012

Source: www.ukhumanrightsblog.com

Regina v Bagnall; Regina v Sharma – WLR Daily

Posted April 25th, 2012 in appeals, confiscation, human rights, law reports, proceeds of crime by sally

Regina v Bagnall; Regina v Sharma [2012] EWCA Crim 677; [2012] WLR (D) 118

“Where, in confiscation proceedings, the Crown accused an offender of an additional specific offence for which he had not been prosecuted and adduced evidence to make that accusation good, that did not amount to the bringing of a new charge. Since the defendant was not at risk of any further conviction and there was no finding of guilt, the findings reached by the judge, applying the statutory assumptions, merely went to the amount of the order the court was obliged to make. There was no unfairness in requiring a defendant to show that the source of his assets was legitimate.”

WLR Daily, 18th April 2012

Source: www.iclr.co.uk

Is climate change a human rights issue? – UK Human Rights Blog

Posted April 25th, 2012 in climate change, human rights, news by sally

“In his thought-provoking Guardian post Climate change is a human rights issue – and that’s how we can solve it, Olivier De Schutter, UN Special Rapporteur on the right to food, makes a case for human rights playing a radical new part in our response to climate change.”

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UK Human Rights Blog, 24th April 2012

Source: www.ukhumanrightsblog.com

Irrational, inhuman and degrading: detention of a mentally ill asylum-seeker was unlawful – UK Human Rights Blog

Posted April 23rd, 2012 in asylum, detention, false imprisonment, human rights, illegality, mental health, news by sally

“The detention of a mentally ill person in an Immigration Removal Centre (IRC) amounted to inhuman and degrading treatment and false imprisonment, and was irrational, the High Court has ruled.”

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UK Human Rights Blog, 23rd April 2012

Source: www.ukhumanrightsblog.com

Brighton Declaration on ECHR reform adopted – Ministry of Justice

Posted April 23rd, 2012 in admissibility, human rights, judiciary, news by sally

“Justice Secretary Kenneth Clarke has announced that the UK has negotiated a landmark agreement on reform of the European Court of Human Rights.”

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Ministry of Justice, 20th April 2012

Source: www.justice.gov.uk

Judge declares Christian radio ad ‘political’ – Daily Telegraph

“The proposed 30-second advert for Premier Christian Radio called on listeners to report their experiences as part of a campaign for ‘a fairer society’.”

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Daily Telegraph, 20th April 2012

Source: www.telegraph.co.uk

The Brighton Declaration and the “meddling court” – UK Human Rights Blog

Posted April 23rd, 2012 in admissibility, courts, human rights, judiciary, jurisdiction, news by sally

“The Brighton Declaration is the latest Declaration (see previously the Interlaken and Izmir Declarations) on the future (and reform) of the European Court of Human Rights made on behalf of the 47 member States to the Council of Europe, the parent organisation for the ECHR. Brighton was the venue, the United Kingdom having taken up the six month Chairmanship of the Committee of Ministers of the Council of Europe late last year.”

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UK Human Rights Blog, 22nd April 2012

Source: www.ukhumanrightsblog.com

Ken Clarke: ECHR reforms ‘will cut UK’s frustration’ – BBC News

Posted April 23rd, 2012 in admissibility, appeals, courts, deportation, human rights, judiciary, jurisdiction, news by sally

“Ken Clarke has said changes to the European Court of Human Rights will reduce ‘frustration’ over cases such as the proposed deportation of Abu Qatada.”

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BBC News, 22nd April 2012

Source: www.bbc.co.uk

Yes, criticise individual cases but Strasbourg court should develop law – The Guardian

Posted April 23rd, 2012 in admissibility, human rights, judiciary, jurisdiction, news by sally

“Report shows most criticism of judgments from European court of human rights is fact-specific.”

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The Guardian, 20th April 2012

Source: www.guardian.co.uk

Redressing the Democratic Deficit in Human Rights – UK Human Rights Blog

Posted April 20th, 2012 in human rights, judicial review, news, parliament by sally

“Who should decide questions of human rights, Parliament or the courts? Is there a democratic deficit in human rights? If so, how do we go about addressing it? These are just some of the many questions asked at the conference hosted by the Arts and Humanities Council on Redressing the Democratic Deficit in Human Rights.”

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UK Human Rights Blog, 20th April 2012

Source: www.ukhumanrightsblog.com

The Law Society Family Mediation event – Ministry of Justice

Posted April 20th, 2012 in human rights, speeches by sally

“Justice Minister Jonathan Djanogly speaks at The Law Society Family Mediation event.”

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Ministry of Justice, 16th April 2012

Source: www.justice.gov.uk

Justice Secretary opening remarks to Brighton conference – Ministry of Justice

Posted April 20th, 2012 in human rights, speeches by sally

“Kenneth Clarke’s opening remarks to the Brighton conference on the European Court of Human Rights, including contribution from Lord William Wallace, FCO minister.”

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Ministry of Justice, 19th April 2012

Source: www.justice.gov.uk

Why Should Family Lawyers be Interested in the Brighton Conference on the European Court of Human Rights? – Family Law Week

Posted April 20th, 2012 in families, human rights, news by sally

“Deirdre Fottrell, Barrister, of Coram Chambers considers the proposed reforms of the ECHR which are under consideration at the Brighton Conference and explains why they are of particular importance to family lawyers.”

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Family Law Week, 19th April 2012

Source: www.familylawweek.com

View from Brighton offers little cheer for Abu Qatada – The Guardian

Posted April 20th, 2012 in deportation, human rights, news, terrorism by sally

“If Strasbourg turns him down, the cleric could be deported more quickly than if he’d gone to the English appeal courts.”

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The Guardian, 19th April 2012

Source: www.guardian.co.uk

UK vs. Strasbourg: don’t believe the hype – UK Human Rights Blog

Posted April 20th, 2012 in human rights, news, statistics by sally

“The Abu Qatada deadline debacle has once again thrust the European Court of Human Rights – and in particular, its relationship with the UK – into unwanted controversy just as European representatives gathered in Brighton to debate the Court’s future. This new fracas over the deportation of Abu Qatada has acted as a lightning rod for well-rehearsed criticisms of the Strasbourg Court – that it is a ‘meddling pseudo-judiciary’ and the enforcer of a villains’ charter.”

Full story

UK Human Rights Blog, 20th April 2012

Source: www.ukhumanrightsblog.com

Commission publishes research on European Court of Human Rights judgments relating to UK government – Equality and Human Rights Commission

Posted April 20th, 2012 in human rights, news, statistics by sally

“Research released by the Commission at this week’s Brighton conference on the European Court of Human Rights, shows that just a tiny minority of rulings by the Strasbourg Court are against the UK government.”

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Equality and Human Rights Commission, 19th April 2012

Source: www.equalityhumanrights.com

Related link: The UK and the European Court of Human Rights (PDF)

Abu Qatada and the law of time – Carl Gardner – UK Human Rights Blog

Posted April 19th, 2012 in courts, human rights, news, time limits by tracey

“The BBC reported yesterday that there’s ‘doubt’ about the deportation of Abu Qatada, following his arrest on Tuesday and now his appeal to the European Court of Human Rights – which the Home Secretary Theresa May says is out of time. So: is she right? Is the appeal out of time? How has the Home Office got into this apparent mess? And what if any difference does this appeal make?”

Full story

UK Human Rights Blog, 19th April 2012

Source: www.ukhumanrightsblog.com

European court of human rights is not perfect, but it’s still precious – The Guardian

Posted April 19th, 2012 in constitutional history, courts, human rights, news by tracey

“When imagined post-Nuremberg, the human rights convention and Strasbourg court was never supposed to be a substitute for national protection of human rights.”

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The Guardian, 19th April 2012

Source: www.guardian.co.uk

May’s bid to deport Qatada descends into farce – Daily Telegraph

Posted April 19th, 2012 in appeals, deportation, human rights, news, terrorism, time limits by tracey

“The deportation of Abu Qatada descended into farce after a potential blunder by the Home Office allowed his lawyers to lodge a last-minute appeal which could extend his stay in Britain and derail attempts to remove him from the country.”

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Daily Telegraph, 18th April 2012

Source: www.telegraph.co.uk

Abu Qatada can be deported to Jordan, says Theresa May – The Guardian

Posted April 17th, 2012 in deportation, human rights, news, terrorism by sally

“The home secretary has ordered that the radical Islamist cleric Abu Qatada be deported to Jordan at the end of the month.”

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The Guardian, 17th April 2012

Source: www.guardian.co.uk