A new year overhaul for the Human Rights Act – The Times
“It was a linchpin of Labour’s first term. But Jack Straw – and David Cameron – now agree the legislation is not fit for purpose.”
The Times, 9th December 2008
Source: www.timesonline.co.uk
Category: human rights
More than 180,000 asylum seekers set to stay because of human rights – Daily Telegraph
“At least 180,000 asylum seekers are set to be allowed to stay in Britain because of their human rights thanks to the Government’s backlog fiasco.”
Daily Telegraph, 10th December 2008
Source: www.telegraph.co.uk
Labour MP Diane Abbott wins human rights award – The Times
“Diane Abbott, the Labour MP, was awarded a special prize last night for her ’42 days’ speech at the Human Rights Awards 2008 presented by Liberty, Justice and the Law Society.”
The Times, 9th December 2008
Source: www.timesonline.co.uk
Comment is Free: Taking liberties with the law – The Guardian
“Hold the front page. The Lord High Chancellor doesn’t like our Human Rights Act and feels ‘frustrated’ by those pesky lawyers and judges who sometimes stand in his way. The Right Honourable Former Foreign Secretary of the War on Terror would like to send foreigners to places of torture. After all if it was good enough for his chums in the outgoing Bush administration.”
The Guardian, 8th December 2008
Source: www.guardian.co.uk
S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04) – Times Law Reports
S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04)
European Court of Human Rights
“The blanket and indiscriminate nature of the powers of retention of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences failed to strike a fair balance between the competing public and private interests.”
The Times, 8th December 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Jack Straw says human rights culture must be shaken up – Daily Telegraph
“Jack Straw, the Justice Secretary, has insisted that the Government still wants to press ahead with a new Bill of Rights and Responsibilities to rebalance the country’s human rights culture.”
Daily Telegraph, 8th December 2008
Source: www.telegraph.co.uk
Police are ordered to destroy all DNA samples taken from innocent people – The Times
“More than 1.6 million DNA and fingerprint samples of innocent people on police databases must be destroyed after a court ruled yesterday that keeping them breaches human rights.”
The Times, 5th December 2008
Source: www.timesonline.co.uk
DNA database innocents win landmark European court ruling – Daily Telegraph
“Two men from Sheffield, South Yorkshire, who were previously cleared of criminal charges, have won a major victory after the European Court of Human Rights ruled keeping their DNA on the British police database breached their human rights.”
Daily Telegrap, 4th December 2008
Source: www.telegraph.co.uk
R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily
“The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 4th December 2008
Source: www.lawreports.co.uk
Sark under new pressure to end feudal system – Daily Telegraph
“The Channel island of Sark has come under renewed pressure to scrap one of the last vestiges of its feudal system after the Court of Appeal ruled that its new constitution breached human rights laws.”
Daily Telegraph, 3rd December 2008
Source: www.telegraph.co.uk
Regina (JL) (a Youth) v Secretary of State for Justice – Times Law Reports
Regina (JL) (a Youth) v Secretary of State for Justice
House of Lords
“A near-suicide in custody which resulted in the prisoner’s mental incapacity triggered the state’s obligation to institute an independent initial investigation which complied with article 2 of the European Convention on Human Rights, protecting the right to life.”
The Times, 2nd December 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
R (L) v Secretary of State for Justice (Equality and Human Rights Commission intervening) – WLR Daily
“Where a prisoner attempted to commit suicide and sustained incapacitating long-term injury the state was obliged to institute an independent initial investigation which complied with art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”
WLR Daily, 27th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Salsbury v Law Society – WLR Daily
Salsbury v Law Society [2008] EWCA Civ 1285; [2008] WLR (D) 365
“The Solicitors Disciplinary Tribunal must now take into account the rights of the solicitor under arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It was an overstatement to say that a ‘very strong case’ was required before the High Court would interfere with a sentence imposed by the tribunal but, absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.”
WLR Daily, 26th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Human Rights undermines public safety, says Tory – Daily Telegraph
“The Human Rights Act has undermined public safety and led to a ‘rights culture’ developing in the UK, the Conservatives said.”
Daily Telegraph, 25th November 2008
Source: www.telegraph.co.uk
Carson and Others v United Kingdom (Application No 42184/05) – Times Law Reports
Carson and Others v United Kingdom (Application No 42184/05)
European Court of Human Rights
“The exclusion of pensioners living abroad from an index-linked uprating scheme applicable to all pensioners in the United Kingdom was not in breach of the European Convention on Human Rights.”
The Times, 20th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
E v Chief Constable of the Royal Ulster Constabulary and Another – Times Law Reports
E v Chief Constable of the Royal Ulster Constabulary and Another
House of Lords
“The positive obligation imposed on the state by article 3 of the European Convention on Human Rights to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified and absolute. It was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”
The Times, 19th November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Iraqis accused of killing soldiers at risk of torture, court told – The Guardian
“Two Iraqis accused of killing British soldiers risk being tortured and executed, in violation of their human rights, if they are tried in Iraq for war crimes, the high court was told yesterday.”
The Guardian, 19th November 2008
Source: www.guardian.co.uk
E v Chief Constable of the Royal Ulster Constabulary and another (Northern Ireland Human Rights Commission intervening) – WLR Daily
“The positive obligation imposed on the state and its emanations by art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms to prevent the infliction by third parties of inhuman or degrading treatment was not unqualified, and was an obligation to do all that was reasonably to be expected to avoid a real or immediate risk to an individual once the existence of that risk was known or ought to have been known.”
WLR Daily, 12th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Naming and shaming criminal masterminds ‘infringes their human rights’ – Daily Telegraph
“The leaders of the Serious Organised Crime Agency (Soca) have been ‘deeply frustrated’ after lawyers advised them not to name 39 convicted criminals because it would breach the convicts’ right to a family and private life, and could amount to an ‘unfair’ punishment.”
Daily Telegraph, 12th November 2008
Source: www.telegraph.co.uk
Lawyers’ riposte to Mail editor: this act protects everybody – The Guardian
“Senior lawyers hit back yesterday at the editor of the Daily Mail, Paul Dacre, after he railed against the ‘wretched’ Human Rights Act and a high court judge whose judgments he described as ‘arrogant and amoral’.”
The Guardian, 11th November 2008
Source: www.guardian.co.uk
