Prisoner loses high court challenge over slopping out – The Guardian

Posted December 19th, 2011 in human rights, news, prisons by tracey

“A serving prisoner has lost a high court challenge to the continued practice of slopping out that could have forced the government to spend millions on upgrading old jails in England and Wales. Roger Gleaves, 77, claimed that having to use a bucket as a toilet in his cell at HMP Albany, on the Isle of Wight, was so degrading it amounted to a breach of his human rights.”

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The Guardian, 19th December 2011

Source: www.guardian.co.uk

Children’s Commissioner publishes a series of recommendations to improve the Government’s human rights record on children – Children’s Commissioner

Posted December 19th, 2011 in children, human rights, reports by tracey

“Children’s Commissioner publishes a series of recommendations to improve the Government’s human rights record on children.”

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Children’s Commissioner, 18th december 2011

Source: www.childrenscommissioner.gov.uk

Pagan wins ‘family life’ human rights case – Daily Telegraph

Posted December 19th, 2011 in families, human rights, immigration, married persons, news, polygamy by tracey

“An American woman who worships Norse gods has won the right to stay in Britain because of her ‘family life’ with her boyfriend and his wife.”

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Daily Telegraph, 18th December 2011

Source: www.telegraph.co.uk

At last, Strasbourg heeds our supreme court – The Guardian

Posted December 15th, 2011 in hearsay evidence, human rights, news, Supreme Court by sally

“Today’s al-Khawaja judgment shows the European Court of Human Rights is listening to UK judgesToday’s al-Khawaja judgment shows the European Court of Human Rights is listening to UK judges.”

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The Guardian, 15th December 2011

Source: www.guardian.co.uk

European court backs British judges over hearsay evidence – The Guardian

Posted December 15th, 2011 in appeals, hearsay evidence, human rights, news, Supreme Court by sally

“Hearsay evidence can be used as the sole means of securing a criminal conviction where no other evidence is available, the European court of human rights (ECHR) has ruled.”

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The Guardian, 15th December 2011

Source: www.guardian.co.uk

Regina v S; Regina v H – WLR Daily

Posted December 15th, 2011 in accomplices, appeals, assisting offenders, human rights, law reports by sally

Regina v S; Regina v H [2011] EWCA Crim 2872; [2011] WLR (D) 363

“Section 46 of the Serious Crime Act 2007 was not incompatible with articles 6 and 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms by reason of being too vague and uncertain.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Lord Irvine: human rights law developed on false premise – The Guardian

“British courts have been slavishly following the jurisprudence of the European court of human rights and misinterpreting the Human Rights Act (HRA), according to the architect of the legislation.”

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The Guardian, 14th December 2011

Source: www.guardian.co.uk

UK ‘must secure’ release of US detainee, judges rule – BBC News

Posted December 14th, 2011 in appeals, detention, habeas corpus, human rights, news, terrorism by sally

“The Court of Appeal has ordered the UK to secure the release of a suspected insurgent who remains held without charge by the US in Afghanistan.”

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BBC News, 14th December 2011

Source: www.bbc.co.uk

The limits of conscientious objection – The Guardian

Posted December 14th, 2011 in conscientious objection, human rights, news by sally

“Article 9 of the European convention on human rights offered no protection to a soldier who objected to the war in Afghanistan on political grounds.”

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The Guardian, 13th December 2011

Source: www.guardian.co.uk

A human right to object to war – UK Human Rights Blog

Posted December 13th, 2011 in appeals, conscientious objection, courts martial, human rights, news, war by sally

“Moral objections to the UK’s involvement in Afghanistan do not constitute a defence to an insubordination charge, the Court Martial Appeal Court has ruled. The appellant was not entitled to disobey a lawful command on the ground of conscientious objection.”

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UK Human Rights Blog, 13th December 2011

Source: www.ukhumanrightsblog.com

Fresh battle looms between European human rights court and UK – Daily Telegraph

Posted December 13th, 2011 in cross-examination, evidence, human rights, news, Supreme Court, witnesses by sally

“Prosecutors could be forced to stop using evidence from victims and witnesses who do not attend court in another human rights battle between Britain and Europe.”

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Daily Telegraph, 13th December 2011

Source: www.telegraph.co.uk

Strasbourg’s ruling on hearsay evidence could change its relationship with UK – The Guardian

Posted December 12th, 2011 in hearsay evidence, human rights, news by sally

“The European court of human rights is considering a challenge by the UK supreme court to its ban on hearsay evidence.”

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The Guardian, 12th December 2011

Source: www.guardian.co.uk

Trevor Phillips attacks ‘bonkers’ use of Human Rights Act – Daily Telegraph

Posted December 12th, 2011 in equality, human rights, minorities, news by sally

“Trevor Phillips, the head of Britain’s equality watchdog, has attacked the ‘thoroughly bonkers’ misuse of the Human Rights Act – and warned that it must not become the ‘exclusive property of minorities’.”

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Daily Telegraph, 11th December 2011

Source: www.telegraph.co.uk

Human rights chief issues warning to UK over weakening of laws – The Guardian

Posted December 12th, 2011 in human rights, news by sally

“Watering down British laws ‘would send a dangerous signal to undemocratic states’, says Thomas Hammarberg.”

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The Guardian, 10th December 2011

Source: www.guardian.co.uk

Uninterrupted Morris Dancing rights beaten by an A1P1 claim? – UK Human Rights Blog

Posted December 7th, 2011 in human rights, legislation, news, retrospectivity, rights of way by sally

“Retrospective legislation often gives rise to claims under Article 1 Protocol 1 of the Convention – you may have some legal advantage (whether it be property or a legal claim) which you then find yourselves losing as a result of the change of law. I have posted on some of these, the ban of the pub fag machine, or the change in the law that meant insurers had to pay compensation for pleural plaques caused by asbestos. These A1P1 cases are not easy to win, not least because the courts are wary in thwarting legislative changes via one of the less fundamental and most qualified rights in the Convention locker.”

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UK Human Rights Blog, 7th December 2011

Source: www.ukhumanrightsblog.com

Regina v Lyons – WLR Daily

Posted December 5th, 2011 in armed forces, conscientious objection, human rights, law reports by sally

Regina v Lyons [2011] EWCA Crim 2808; [2011] WLR (D) 345

“A person who, having voluntarily entered military service, sought to be discharged from further service on the ground of conscientious objection was subject to the requirements of military service and military discipline until his claim had been established. The giving of notice of appeal did not justify a refusal to obey a lawful command pending the determination of the appeal.”

WLR Daily, 1st December 2011

Source: www.iclr.co.uk

Drug dealer Andre James jailed for gun crime wins ‘human rights’ case – Daily Telegraph

Posted November 28th, 2011 in deportation, drug trafficking, firearms, human rights, news by sally

“Foreign drug-dealer and gun criminal Andre James has been allowed to stay in Britain partly because he would return to a life of crime if he was deported.”

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Daily Telegraph, 26th November 2011

Source: www.telegraph.co.uk

McGowan v B – WLR Daily

Posted November 25th, 2011 in human rights, law reports, legal representation, news, police interviews by sally

McGowan v B [2011] UKSC 54; [2011] WLR (D) 339

“There was no rule of the European Court of Human Rights that a suspect in police custody could only waive his right of access to legal advice before and during police questioning if he had first received legal advice as to whether he should do so.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

Bratza bites back – UK Human Rights Blog

Posted November 25th, 2011 in human rights, judiciary, news by sally

“I had intended to entitle this post ‘Bratza goes ballistic’ which would, for reasons I will explain, have been unfair. However, as reported by guardian.co.uk, the new British president of the European Court of Human Rights has pushed back strongly against ‘vitriolic and – I am afraid to say, xenophobic – fury’ of the reaction to recent rulings by the UK government and press, which he says is ‘unprecedented in my experience, as someone who has been involved with the Convention system for over 40 years.'”

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UK Human Rights Blog, 25th November 2011

Source: www.ukhumanrightsblog.com

MoD’s resistance to human rights in Iraq blamed for death of Baha Mousa – The Guardian

Posted November 25th, 2011 in armed forces, assault, detention, human rights, Iraq, news by sally

“The army’s former chief legal adviser in Iraq has accused the Ministry of Defence of moral ambivalence and a cultural resistance to human rights that allowed British troops to abuse detainees and beat the Basra hotel worker Baha Mousa to death.”

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The Guardian, 24th November 2011

Source: www.guardian.co.uk