Category: human rights

Judges asked to rethink control order rulings after suspects abscond – The Guardian

Posted May 30th, 2007 in control orders, human rights, news, terrorism by sally

“Judges should be less ready to rule that control orders imposed on terrorism suspects breach human rights, the independent watchdog on terrorism law said yesterday. Lord Carlile of Berriew QC called on judges to review their approach to restrictions imposed by control orders after a further three terrorist suspects absconded last week, bringing the total to six.”

Full story

The Guardian, 30th May 2007

Source: www.guardian.co.uk

R (Baia and another) v. Secretary of State for the Home Department – WLR Daily

Posted May 29th, 2007 in human rights, immigration, law reports, marriage by sally

R (Baia and another v. Secretary of State for the Home Department

“The statutory scheme requiring permission by the Home Office for marriage by people subject to immigration control or those who had entered the United Kingdom illegally contravened arts 12 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to marry and the right not to be discriminated against for reasons of nationality or religion.”

WLR Daily, 23rd May 2007

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 in Iraq: a case to answer – The Independent

Posted May 29th, 2007 in armed forces, human rights, Iraq, news by sally

“The Attorney General, Lord Goldsmith, is facing accusations that he told the Army its soldiers were not bound by the Human Rights Act when arresting, detaining and interrogating Iraqi prisoners.”

Full story

The Independent, 29th May 2007

Source: www.independent.co.uk

Rampton patient fights smoking ban at high security hospital – The Guardian

Posted May 29th, 2007 in hospitals, human rights, news, smoking by sally

“Patients at Rampton high security psychiatric hospital, which houses some of the country’s most dangerous criminals, are challenging a smoking ban in a test case which claims the refusal to permit cigarettes in the hospital’s buildings or grounds violates their human rights.”

Full story

The Guardian, 28th May 2007

Source: www.guardian.co.uk

Reid threatens to suspend human rights laws after terror suspects go missing – The Independent

Posted May 25th, 2007 in human rights, news, terrorism by sally

“John Reid faced growing anger as he signalled the Government was ready to declare that Britain faced an “emergency” over terrorism and opt out of human rights legislation.”

Full story

The Independent, 25th May 2007

Source: www.independent.co.uk

An over-complex privacy law may trigger new legislation – The Independent

Posted May 23rd, 2007 in human rights, news, privacy by traceydennis

“The Human Rights Act created a right to privacy but case law has made it difficult to define what it is.”

Full story

The Independent, 23rd May 2007

Source: www.independent.co.uk

No smoke without fire – The Lawyer

Posted May 22nd, 2007 in human rights, news, smoking by traceydennis

“The smoking ban may stop claims over second-hand smoke, but will the smokers themselves start claiming it’s all too unfair?”

Full story

The Lawyer, 21st May 2007

Source: www.legalweek.com

Secretary of State for the Home Department v. E – WLR Daily

Posted May 21st, 2007 in control orders, human rights, law reports, terrorism by sally

Secretary of State for the Home Department v. E [2007] EWCA Civ 459

“It was not a condition precedent to the making, maintaining and renewal of a control order against a person that the Home Secretary complied with his duty to consider and reconsider the realistic prospect of successfully prosecuting that person for terrorism-related offences.”

WLR Daily, 17th May 2007

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.

Reid says human rights laws are fuelling terror – The Sunday Times

Posted May 14th, 2007 in human rights, terrorism by sally

“John Reid, the outgoing home secretary, yesterday called for controversial human rights laws to be watered down because he fears they are allowing terrorists to run free.”

Full story

The Sunday Times, 13th May 2007

Source: www.timesonline.co.uk

R (Johnson) v. Secretary of State for the Home Department and another – WLR Daily

Posted May 11th, 2007 in human rights, law reports, prisons by sally

R (Johnson) v. Secretary of State for the Home Department and another [2007] EWCA Civ 429

“After an unjustified and random period of delay in considering the entitlement of a long term prisoner to parole, if the prisoner could show that at an earlier consideration by the parole board he would have been released, his detention thereafter was arbitrary, unjustified and therefore unlawful. Under art 5(4) of the Convention for the Protection of Human Rights and Fundamental Freedoms he was entitled to have his case considered by the parole board speedily so that his sentence did not become arbitrary.”

WLR Daily, 9th May 2007

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.

Act of mercy – Law Society’s Gazette

Posted May 11th, 2007 in human rights by sally

“There is evidence of a much wider use of the Human Rights Act than by unpopular minorities, writes Roger Smith.” 

Full story

Law Society’s Gazette, 10th May 2007

Source: www.lawgazette.co.uk

Regina (AW, A and Y) v Croydon London Borough Council and Another – Times Law Reports

Posted May 11th, 2007 in asylum, human rights, law reports by sally

Support for asylum seekers

Regina (AW, A and Y) v. Croydon London Borough Council and Another

Court of Appeal 

“The duty to provide for an ablebodied destitute failed asylum-seeker, for whom the provision of support was necessary to avoid the breach of his or her rights under the European Convention on Human Rights, fell upon the Secretary of State for the Home Department whereas the duty to provide for an infirm destitute failed asylum-seeker in such circumstances rested upon the local authority.”

The Times, 11th May 2007

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.

Teachers backed over Muslim wear – BBC News

Posted May 8th, 2007 in education, human rights, Islam, news by sally

“Lord Chancellor Lord Falconer will tell headteachers common sense decisions stopping Muslim pupils wearing Islamic dress would not breach human rights.”

Full story

BBC News, 6th May 2007

Source: www.bbc.co.uk

Evans v. United Kingdom – Times Law Reports

Posted May 2nd, 2007 in embryology, human rights, law reports by sally

Public interest outweighs individual’s private right

Evans v. United Kingdom (Application No. 6339/05)

European Court of Human Rights

“The United Kingdom did not exceed its margin of appreciation in requiring that both donors had to give consent to the implanting of fertilised embryos in the uterus.”

The Times, 2nd May 2007

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.

Human rights battle over Alzheimer’s patient reaches Lords – The Times

Posted May 1st, 2007 in care homes, elderly, human rights by sally

“Elderly patients placed by the Government in private care homes should receive the same protection from human rights laws as they would in public facilities, the House of Lords heard today.”

Full story

The Times, 30th April 2007

Source: www.timesonline.co.uk

Lords to rule on care home eviction – The Guardian

Posted April 30th, 2007 in care homes, elderly, human rights, news by sally

“A company trying to evict an 83-year-old Alzheimer’s sufferer from a private care home it runs is facing a legal battle in a historic case that could affect hundreds of thousands of vulnerable people.”

Full story

The Guardian, 30th April 2007

Source: www.guardian.co.uk

Libyan terror suspects win right to stay in UK – The Times

Posted April 28th, 2007 in human rights, immigration, Libya, news, terrorism by sally

“A Home Office plan to deport terror suspects back to Libya is in tatters today, after an immigration court ruled that they could face an unfair trial and even torture if sent home.”

Full story

The Times, 27th April 2007

Source: www.timesonline.co.uk

UK terror suspects win key ruling – BBC News

Posted April 27th, 2007 in human rights, immigration, Libya, news, terrorism by sally

“Two Libyan terror suspects have won an appeal against deportation from the UK in a major defeat for the government.” 

Full story

BBC News, 27th April 2007

Source: www.bbc.co.uk

Copland v. United Kingdom – Times Law Reports

Posted April 24th, 2007 in human rights, law reports, privacy by sally

Employee’s privacy breached by employer’s monitoring

Copland v. United Kingdom (Application No. 62617/00)

European Court of Human Rights 

“The collection and storage of information by an employer of an employee’s telephone, e-mail and internet usage at the place of work was, in the absence of any legal provisions, unjustified.”

The Times, 24th April 2007

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.

Does Basra have the right to life? – Daily Telegraph

Posted April 19th, 2007 in armed forces, human rights, Iraq, jurisdiction, news by sally

“Further charges may be brought against British troops over the death of the Iraqi hotel worker Baha Mousa, Government lawyers revealed in court this week. The disclosure was made to five law lords who are being asked to decide whether the Human Rights Act entitles families of Iraqis killed under British occupation to independent inquiries into their deaths.”

Full story

Daily Telegraph, 19th April 2007

Source: www.telegraph.co.uk