UK’s Rwanda bill ‘incompatible with human rights obligations’ – The Guardian

‘The UK government’s controversial Rwanda legislation that deems the African country as a safe place to deport people to is fundamentally incompatible with Britain’s human rights obligations and places it in breach of international law, according to a damning parliamentary report.’

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The Guardian, 12th February 2024

Source: www.theguardian.com

Detention at Her Majesty’s Pleasure incompatible with young murderers’ human rights – Law Society’s Gazette

‘High Court judges have ruled that to keep a young offender convicted of murder detained indefinitely is incompatible with certain rights under the European Convention on Human Rights.’

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Law Society's Gazette, 12th February 2024

Source: www.lawgazette.co.uk

Royal Marines to fight MoD in court in asbestos claim – BBC News

‘A group of 260 Royal Marines have issued proceedings against the Ministry of Defence (MoD) amid claims they were “knowingly” exposed to asbestos.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk

UK home secretary apologises over unlawful detention of Bahraini activist – The Guardian

Posted February 9th, 2024 in asylum, compensation, detention, government departments, human rights, immigration, news by michael

‘The home secretary, James Cleverly, has apologised and arranged for compensation to be paid to a human rights activist after officials unlawfully detained him at Gatwick airport on his return to the UK from a UN meeting in Switzerland.’

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The Guardian, 8th February 2024

Source: www.theguardian.com

Council of Europe calls on UK not to process asylum claims in Rwanda – The Guardian

Posted February 8th, 2024 in asylum, detention, human rights, news, reports, Rwanda by tracey

‘Europe’s leading anti-torture watchdog has called on the government to process asylum claims in the UK rather than sending people to Rwanda because of the risk they may be exposed to human rights abuses there.’

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The Guardian, 8th February 2024

Source: www.theguardian.com

Even many critics of the Rwanda deportation policy are missing the point of why it’s wrong – EIN Blog

‘The UK government’s proposals to send asylum seekers arriving to the UK onto Rwanda continue to spark intense opposition.’

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EIN Blog, 6th February 2024

Source: www.ein.org.uk

Popular Conservatives: Rees-Mogg attacks Lady Hale and calls for neutering of Supreme Court – Law Society’s Gazette

‘Baroness Hale revealed her “true colours” by voting against the Rwanda Bill, according to former leader of the Commons Jacob-Rees-Mogg, who yesterday called for the “politicised” Supreme Court to be emasculated.’

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Law Society's Gazette, 7th February 2024

Source: www.lawgazette.co.uk

Growing AI litigation risk requires business response – OUT-LAW.com

‘The risk businesses face from litigation is changing as artificial intelligence (AI) tools become more popular. Businesses need to recognise this and consider the different kinds of risks associated with AI technology and how they might give rise to liability.’

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OUT-LAW.com, 5th February 2024

Source: www.pinsentmasons.com

Teenager trapped in Gaza brings legal challenge against UK government – The Guardian

‘A teenager trapped in Gaza and separated from his parents has brought an urgent legal challenge against the UK Home Office and the Foreign, Commonwealth and Development Office (FCDO) after the government refused entry clearance for him to join his family in the UK.’

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The Guardian, 6th February 2024

Source: www.theguardian.com

Growing AI litigation risk requires business response – OUT-LAW.com

‘The risk businesses face from litigation is changing as artificial intelligence (AI) tools become more popular. Businesses need to recognise this and consider the different kinds of risks associated with AI technology and how they might give rise to liability.’

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OUT-LAW.com, 5th February 2024

Source: www.pinsentmasons.com

Either not Neither: further consideration of non-binary identity by the High Court – UK Human Rights Blog

Posted February 5th, 2024 in gender, human rights, news by sally

‘The Divisional Court (Lady Justice Laing and Mrs Justice Heather Williams) confirmed in R (Castellucii) v The Gender Recognition Panel and the Minister for Women and Equalities [2024] EWHC 54 (Admin) that the Gender Recognition Panel has no power under the Gender Recognition Act 2004 to issue a Gender Recognition Certificate that records an applicant’s gender as “non-binary”. It also held that this did not breach any of the Claimant’s rights under Article 14 of the European Convention of Human Rights.’

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UK Human Rights Blog, 5th February 2024

Source: ukhumanrightsblog.com

The legality of the new minimum income requirement – EIN Blog

Posted February 1st, 2024 in families, human rights, news, remuneration, social security by sally

‘The recently announced plan to increase the minimum income requirement (MIR) to £38,700 led to widespread criticism, with the government appearing to exclude all but the affluent from establishing family life in the UK. This has led to a partial policy shift, with it now announced that the threshold to sponsor a spouse will not rise to this amount until 2025, with an interim rise to £29,000 taking place in the Spring. Nonetheless, even this lower amount will be unaffordable to many families, raising questions about the compatibility of the rise with Convention rights. In R (MM) Lebanon v SSHD [2017] UKSC 10 the Supreme Court found that the initial MIR, set at £18,600, was lawful. In this post, I will highlight two key problems with the judgment, along with the failure of the MIR to restrict the social security entitlement of many affected families: the MIR’s primary justification.’

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EIN Blog, 31st January 2024

Source: www.ein.org.uk

The legality of the new minimum income requirement – EIN Blog

‘The recently announced plan to increase the minimum income requirement (MIR) to £38,700 led to widespread criticism, with the government appearing to exclude all but the affluent from establishing family life in the UK. This has led to a partial policy shift, with it now announced that the threshold to sponsor a spouse will not rise to this amount until 2025, with an interim rise to £29,000 taking place in the Spring. Nonetheless, even this lower amount will be unaffordable to many families, raising questions about the compatibility of the rise with Convention rights. In R (MM) Lebanon v SSHD [2017] UKSC 10 the Supreme Court found that the initial MIR, set at £18,600, was lawful. In this post, I will highlight two key problems with the judgment, along with the failure of the MIR to restrict the social security entitlement of many affected families: the MIR’s primary justification.’

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EIN Blog, 31st January 2024

Source: www.ein.org.uk

Top Cases of 2023: the good, the bad and the legally complicated – UK Human Rights Blog

‘As the dust settles on another year, it is (just about still) time to look back over the year gone to review some of the most dramatic, legally interesting or impactful cases of the year gone by. As ever, this is only a selection of the top cases of the year, but as a whole they reveal yet another year in which the courts have been drawn into the centre of the most important social and political debates of the society in which they find themselves.’

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UK Human Rights Blog, 29th January 2024

Source: ukhumanrightsblog.com

Jeff King: The House of Lords, Constitutional Propriety, and the Safety of Rwanda Bill – UK Constitutional Law Association

‘The Safety of Rwanda (Asylum and Immigration) Bill will receive its second reading in the House of Lords on 29 January 2024, having cleared the House of Commons unamended. There are a great many problems with the Rwanda Bill, any of which might weigh with the Lords, but this blog post focuses on just one: the likelihood that, if enacted, the Bill may well trigger a constitutional crisis between the courts and Parliament. It would be a crisis that is likely to endure beyond the life of the policy embodied in the Bill. I argue here that one of the roles of the House of Lords is to act as a constitutional safeguard, a steam-valve, and, in exercise of this function under the rare circumstances that attend this Bill, it would be legitimate for the Lords to not only make and insist upon far-reaching changes to the Bill, but even to refuse to pass it altogether. This post is not concerned with the realpolitik of whether peers would in fact vote the Bill down – though I come to the point in the conclusion. It rather seeks to refute the constitutional argument that it would be illegitimate to block or make potent amendments to it.’

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UK Constitutional Law Association, 26th January 2024

Source: ukconstitutionallaw.org

Financial Sanction and Free Speech in the High Court – UK Human Rights Blog

‘Graham Phillips, the Claimant, is a British national and video blogger who posts content from the Donbass dressed in Russian military fatigues. He says he is a journalist who provides a “counterbalance” to widespread western misunderstanding of the true situation in Ukraine but the Administrative Court disagrees. On 12 January 2024, it handed down judgment in R (Phillips) v Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 (Admin), in which it upheld the Government’s view that the Claimant is a propagandist for Russia who is lawfully subject to a sanctions regime which allows the state to freeze his assets.’

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UK Human Rights Blog, 25th January 2024

Source: ukhumanrightsblog.com

Indonesian fruit picker landed in debt bondage challenges Home Office – The Guardian

‘When Ismael found himself sleeping rough at York station in the late October cold he struggled to understand how an opportunity to pick berries 7,000 miles from his home had so quickly ended there.’

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The Guardian, 26th January 2024

Source: www.theguardian.com

A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon – Oxford Human Rights Hub

‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’

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Oxford Human Rights Hub, 23rd January 2024

Source: ohrh.law.ox.ac.uk

What is rule 39? UK government tells civil servants to ignore European court of human rights on Rwanda deportations – EIN Blog

‘The UK government is once again navigating legal and political hurdles over its plan to send asylum seekers to Rwanda. The latest debate is over the emergency bill that legally declares Rwanda a safe place to send refugees (despite the supreme court ruling the opposite).’

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EIN Blog, 23rd January 2024

Source: www.ein.org.uk

Ministers accused of watering down rules around abortion clinic buffer zones – The Guardian

Posted January 18th, 2024 in abortion, government departments, human rights, news, public order by sally

‘Ministers have been accused of watering down guidance around new buffer zones outside abortion clinics in England and Wales, after it emerged campaigners could still be allowed to conduct silent prayers and approach women attending clinics to discuss the issue.’

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The Guardian, 17th January 2024

Source: www.theguardian.com