‘Modern slavery victims may face barriers to seeking justice while criminal gangs “evade punishment” under Priti Patel’s immigration bill, cross-party MPs have warned.’
The Independent, 21st December 2021
Source: www.independent.co.uk
‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’
UK Police Law Blog, 20th December 2021
Source: ukpolicelawblog.com
‘An ex-police officer has won a legal challenge against a national policy for forces to record gender-critical views as non-crime “hate incidents”.’
BBC News, 20th December 2021
Source: www.bbc.co.uk
‘This week, in response to the Independent Human Rights Act Review’s report, the Government published its proposals to reform the Human Rights Act (HRA) and a call for further submissions on its proposals. A comprehensive analysis of all of the Government’s proposals would not be possible in this short two-part post; that stated, whether they deserve such an in-depth response is questionable.’
Oxford Human Rights Hub, 19th December 2021
Source: ohrh.law.ox.ac.uk
‘The Supreme Court unanimously dismissed this appeal concerning whether the Court of Appeal was wrong in its conclusion that Her Majesty’s Passport Office’s policy does not unjustifiably breach articles 8 and 14 of the European Convention on Human Rights (“ECHR”).The policy in question holds that (i) an applicant for a passport must declare their gender/sex as being either male or female and (ii) a passport will only be issued bearing a male (“M”) or female (“F”) indicator in the gender/sex field on the face of the passport and will not be issued with an “unspecified” (“X”) gender marker.’
UKSC Blog, 15th December 2021
Source: ukscblog.com
‘A campaigner has lost a Supreme Court case challenging the government’s refusal to issue gender neutral passports.’
BBC News, 15th December 2021
Source: www.bbc.co.uk
‘The Human Rights Act will be revised under plans unveiled by the Justice Secretary Dominic Raab today (14 December).’
Ministry of Justice, 14th December 2021
Source: www.gov.uk
‘In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly be met, referencing the leading decisions in KO (Nigeria) and HA (Iraq).’
EIN Blog, 13th December 2021
Source: www.ein.org.uk
‘Judicial decision-making: case studies from Biblical times and now – The Rt Hon Lady Rose of Colmworth DBE”
Supreme Court, 1st December 2021
Source: www.supremecourt.uk
‘Dominic Raab is to outline a sweeping overhaul of human rights law that he claims will counter “wokery and political correctness” and expedite the deportation of foreign criminals.’
The Guardian, 14th December 2021
Source: www.theguardian.com
‘White v General Medical Council [2021] EWHC 3286 (Admin) (03 December 2021). A case in which the High Court reminds the regulator of requirements for imposing curbs on free speech.’
UK Human Rights Blog, 7th December 2021
Source: ukhumanrightsblog.com
‘In Overd & Ors v The Chief Constable of Avon and Somerset Constabulary [2021] EWHC 3100 (QB), the appellants, Michael Overd, Michael Stockwell Don Karns and Adrian Clark, four evangelical Christians, were arrested at Broadmead shopping centre in Bristol on 6 July 2016 after complaints from members of the public that their street preaching was racist and anti-Islamic and was causing a disturbance. Mr Overd was arrested on suspicion of an offence under s 50 Police Reform Act 2002 and the other three were arrested on suspicion of a racially-aggravated offence under s 5 Public Order Act 1986. They were detained before being released on bail and, ultimately, prosecuted under s 5 of the 1986 Act, but the prosecutions failed.’
Law & Religion UK, 8th December 2021
Source: lawandreligionuk.com
‘The Court of Appeal has upheld a High Court ruling which found a council did not infringe upon the protections against modern slavery afforded the appellant (H) under Article 4 of the European Convention of Human Rights (ECHR).’
Local Government Lawyer, 6th December 2021
Source: www.localgovernmentlawyer.co.uk
‘In R (Crowter & Ors) v Secretary of State for Health and Social Care [2021] EWHC 2536 (Admin), the issue before the Court was the fact that the Abortion Act 1967 differentiates between pregnancies where there is a substantial risk that, if born, a child would be “seriously handicapped” (the terminology used in the Act) and those where it would not. The three claimants – a 25-year-old woman with Down Syndrome who had gained an NVQ qualification level, was employed and had recently married, A, a two-year-old with Down Syndrome who had met all his developmental milestones, and A’s mother [6-8] – challenged the disability ground for abortion in section 1(1)(d) of the Act as contrary to Articles 2 (right to life), 3 (inhuman or degrading treatment) and 8 (private and family life) ECHR.’
Law & Religion UK, 3rd December 2021
Source: lawandreligionuk.com
‘An arrest on a charge of harassment violated a British journalist’s right to freedom of expression, the European Court of Human Rights (ECtHR) has ruled in a judgment likely to be contested by the government.’
Law Society's Gazette, 1st December 2021
Source: www.lawgazette.co.uk
‘In R (Babbage) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the Claimant applied for judicial review, claiming that his immigration detention from 27 February 2020 to 29 April 2021 had been unlawful and/or that there was a public law error relating to the delay in the provision of s.4 accommodation. Soole J gave a potentially significant judgment concerning the ambit of the “grace period” for locating s.4 Immigration and Asylum Act 1999 accommodation, i.e. accommodation provided to failed asylum seekers. The judge also made some apposite comments concerning the requirement for appropriate evidence in unlawful detention claims from the relevant decision maker.’
UK Human Rights Blog, 30th November 2021
Source: ukhumanrightsblog.com
‘The Department for Work and Pensions (DWP) is facing a court case which alleges a human rights breach that could see the Government ordered to pay £1,560 each to over two million benefits claimants.’
Each Other, 29th November 2021
Source: eachother.org.uk
‘At least 27 people have drowned in the English Channel attempting to cross in a small boat. There were three children, seven women, one of whom was pregnant, and 17 men. Although a joint search and rescue operation was seemingly launched in the narrow maritime area between the UK and France (which is only 20 miles wide), the highly equipped authorities of both coastal states were not able to intervene in time to save the victims. The British government has responded to these deaths by calling on France to take back anyone who attempts the crossing. Speaking in parliament following the tragedy, Home Secretary Priti Patel placed heavy emphasis on the French government’s responsibility for the tragedy, which she said was “not a surprise”.
Regardless of how these people got there, the UK has clear legal responsibilities to anyone who finds themselves in trouble in the Channel. However much French authorities bolster their own efforts, the UK is obliged by multiple international conventions to maintain robust search and rescue operations in the area.’
EIN Blog, 26th November 2021
Source: www.ein.org.uk
‘Peters & Anor, R (On the application of) the Secretary of State for Health and Social Care & Anor [2021] EWHC 3182 (Admin), 2 November 2021. This was a renewed application by the claimants for permission to proceed with a judicial review challenge to the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which requires a registered person who runs a regulated activity in a care home to ensure that any person entering the premises has been vaccinated, unless for clinical reasons that person is exempt.’
UK Human Rights Blog, 26th November 2021
Source: ukhumanrightsblog.com
‘Priti Patel is facing three legal challenges over her controversial plans to push back refugees on small boats in the Channel who are trying to reach the UK.’
The Guardian, 25th November 2021
Source: www.theguardian.com
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