Category: human rights

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Devout Hindu loses cremation bid – BBC News

Posted May 8th, 2009 in burials and cremation, human rights, judicial review, news by sally

“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”

Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148

BBC News, 8th May 2009

Source: www.bbc.co.uk

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

Posted May 8th, 2009 in asylum, Greece, human rights, law reports by sally

“The irrebuttable presumption, laid down in paras 2 and 3 of Pt 1 of Sch 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, that a foreign national who entered the United Kingdom via Greece could be returned to Greece because Greece was a place from which he would not be sent to another state to face inhuman and degrading treatment contrary to art 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, was not in itself incompatible with the Convention provided there was no evidence to show that on his return to Greece he was actually at risk of being removed to another country in breach of his art 3 rights.”

WLR Daily, 8th May 2009

R (James) v Secretary of State for Justice (Parole Board intervening); R (Lee) v Same (Same intervening); R (Wells) v Same (Same intervening) (on appeal from R (Walker) v Same (Same intervening)) [2009] UKHL 22; [2009] WLR (D) 145

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (James) v Secretary of State for Justice (Parole Board intervening); R (Lee) v Same (Same intervening); R (Wells) v Same (Same intervening) (on appeal from R (Walker) v Same – WLR Daily

Posted May 8th, 2009 in human rights, law reports, parole, prisons, rehabilitation by sally

“The failure of the Secretary of State for Justice to provide courses to enable prisoners serving indeterminate sentences for public protection to enable them to demonstrate their safety for release to the Parole Board did not render their post-tariff detention unlawful.”

WLR Daily, 6th May 2009

Regina (Lee) v Same; Regina (Wells) v Same

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Lee) v Same; Regina (Wells) v Same – Times Law Reports

Posted May 8th, 2009 in human rights, law reports, parole, prisons, sentencing by sally

House of Lords

“Although the Secretary of State for Justice had failed in his public duty to provide such treatment courses for prisoners serving indeterminate sentences for public protection as would enable them to demonstrate to the Parole Board that it was safe to release them, their post-tariff detention was not unlawful.”

The Times, 8th May 2009

Regina (Nasseri) v Secretary of State for the Home Department

Regina (Nasseri) v Secretary of State for the Home Department – Times Law Reports

Posted May 7th, 2009 in asylum, Greece, human rights, law reports by sally

House of Lords

“As there was no evidence that Greece was a place from which a foreign asylum seeker would be deported to his own country to face inhuman and degrading treatment, there was nothing incompatible with the European Convention on Human Rights in a statutory provision which deemed that Greece was a safe country to which he could be returned from the United Kingdom.”

The Times, 7th May 2009

Y (Sri Lanka) v Secretary of State for the Home Department; Z (Sri Lanka) v Same

Y (Sri Lanka) v Secretary of State for the Home Department; Z (Sri Lanka) v Same – Times Law Reports

Posted May 5th, 2009 in asylum, human rights, law reports, mental health, torture by sally

Court of Appeal

“It would be a breach of article 3 of the European Convention on Human Rights, prohibiting torture, to order the return of an asylum seeker to a country where there was an undisturbed finding that the asylum seeker had been tortured and raped in captivity and where credible and uncontradicted expert evidence was that the likely effect of the trauma, if return was enforced, would be suicide.”

The Times, 5th May 2009

Jacqui Smith says DNA database profiles of 800,000 innocent people will be axed – The Guardian

Posted May 5th, 2009 in data protection, DNA, human rights, news by sally

“The home secretary, Jacqui Smith, will publish plans this week for the destruction of the DNA profiles of nearly a million innocent people from the police national database. The government’s response follows a ruling by the European court of human rights last year that the practice of retaining the DNA profiles was illegal.”

Regina (G) v Governors of X School

The Guardian, 3rd May 2009

Source: www.guardian.co.uk

Regina (G) v Governors of X School – Times Law Reports

Posted April 24th, 2009 in disciplinary procedures, human rights, law reports, legal representation, tribunals by sally

Queen’s Bench Division

“An employee of a school facing a disciplinary committee for allegations of sexual misconduct was entitled to an enhanced measure of procedural protection afforded by article 6.1 of the European Convention on Human Rights, guaranteeing the right to a fair hearing, which included the right to legal representation at the disciplinary hearing.”

Times Law Reports, 24th April 2009

Ex-defence chief says attack on liberties is bowing to terrorists – The Guardian

Posted April 24th, 2009 in human rights, investigatory powers, news, privacy by sally

“A former chief of the defence staff has warned that the ‘creeping irreversible curtailment’ of civil liberties in the name of national security is ‘playing the game by terrorists’ rules’.

The Guardian, 24th April 2009

Source: www.guardian.co.uk

British troops ‘breached human rights laws’ during Iraqi interrogations – The Times

Posted April 23rd, 2009 in armed forces, human rights, Iraq, news by sally

“British troops were accused at the High Court yesterday of using interrogation techniques on Iraqi civilian detainees that breached human rights laws.”

The Times, 23rd April 2009

Judge attacks human rights court – BBC News

Posted April 6th, 2009 in human rights, news by sally

“A senior British judge has accused the European Court of Human Rights of going beyond its jurisdiction and trying to create a ‘federal law of Europe’.”

Regina (AM)(Somalia) v Secretary of State for the Home Department

BBC News, 4th April 2009

Source: www.bbc.co.uk

Regina (AM)(Somalia) v Secretary of State for the Home Department – Times Law Reports

Posted April 1st, 2009 in asylum, human rights, law reports by sally

Court of Appeal

“An asylum-seeker’s in-country appeal against removal on human rights grounds could not be stifled by the later issue of a certificate by the Secretary of State for the Home Department that the opposition was clearly unfounded.”

The Times, 1st April 2009

AF (Jamaica) v Secretary of State for the Home Department [2009] EWCA Civ 240; [2009] WLR (D) 112

AF (Jamaica) v Secretary of State for the Home Department – WLR Daily

Posted March 27th, 2009 in deportation, human rights, law reports, married persons by sally

“In considering whether it was consistent with the right to respect for family life to require the wife and children of a man whose deportation had been ordered to accompany him in deportation the court should look at the issue from the point of view of the wife and children and not just of the potential deportee. It was not enough that there were no insuperable obstacles to their moving because the ultimate test was one of proportionality.”

WLR Daily, 26th March 2009

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Rights and responsibilities – Ministry of Justice

Posted March 24th, 2009 in constitutional law, human rights, press releases by sally

“A national debate is launched today to explore whether a clearer common understanding of our rights and responsibilities might be built by articulating them in a single text – a Bill of Rights and Responsibilities.”

Full press release

Ministry of Justice, 23rd March 2009

Source: www.justice.gov.uk

UK ‘home to 200 rights abusers’ – BBC News

Posted March 24th, 2009 in human rights, immigration, news, war crimes by sally

“More than 200 people responsible for war crimes and other human rights abuses overseas could be living in Britain, the BBC has learned.”

BBC News, 24th March 2009

Source: www.bbc.co.uk

The Big Question: Are there illegal government databases and what can we do about it? – The Independent

Posted March 24th, 2009 in data protection, government departments, human rights, news by sally

“The Big Question: Are there illegal government databases and what can we do about it?.”

The Independent, 24th March 2009

Source: www.independent.co.uk

Government bid to extend ‘human rights’ prompts fears of nanny state – Daily Telegraph

Posted March 23rd, 2009 in human rights, news by sally

“Entitlement to good health care, education and freedom from poverty could be enshrined in law under the green paper to be published by Justice Minister Jack Straw.”

Regina (AM and Others) v Secretary of State for the Home Department and Another

Daily Telegraph, 23rd March 2009

Source: www.telegraph.co.uk

Regina (AM and Others) v Secretary of State for the Home Department and Another – Times Law Reports

Posted March 20th, 2009 in detention, human rights, immigration, law reports by sally

Court of Appeal

“Allegations of inhuman or degrading treatment of inmates at a privately run immigration detention centre should have been investigated by the Secretary of State for the Home Department to meet the United Kingdom’s obligation under article 3 of the European Convention on Human Rights.”

The Times, 20th March 2009

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Emergency law to halt inmates’ court payouts for slopping out – The Guardian

Posted March 20th, 2009 in compensation, human rights, news, prisons by sally

“Ministers are to introduce emergency legislation to prevent thousands of prison inmates pursuing more than £55m in compensation for a breach of human rights over ‘slopping out’.”