Nationality and Borders Bill threatens the rights of stateless children – EIN Blog

‘Priti Patel’s Nationality and Borders Bill has been controversial since its announcement to say the least. It has faced criticisms for its extremely harsh treatment of asylum seekers and refugees and its potential contribution to creating a hostile environment for migrants residing within the UK. However, it has now been argued by MP’s that the Bill risks failing to protect stateless children within the country.’

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EIN Blog, 17th November, 2021

Source: www.ein.org.uk

Court of Appeal upholds Universal Credit childcare rules – UK Human Rights Blog

Posted November 16th, 2021 in benefits, children, human rights, news, sex discrimination by sally

‘This is a case about the payment of childcare costs under Universal Credit. Universal Credit claimants can claim an element reimbursing them up to 85% of the costs of childcare while they go to work.’

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UK Human Rights Blog, 15th November 2021

Source: ukhumanrightsblog.com

Are the digital tools we’ve got used to during the pandemic subject to misuse? – Each Other

Posted November 16th, 2021 in computer programs, coronavirus, data protection, equality, human rights, news, privacy by sally

‘At the start of 2020, the urgent need to contain COVID-19 meant that alongside direct medical and clinical strategies, most countries tried to restrict the majority of the population’s movements in some way.’

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Each Other, 16th November 2021

Source: eachother.org.uk

Rehabilitation and retribution: In re JR123’s application – UK Human Rights Blog

‘What happens when someone is convicted of a criminal offence and is given a custodial sentence? Sometimes, the individual will serve at least part of their sentence in prison and the remainder on licence. But, what happens after they’ve served the totality of their sentence?’

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UK Human Rights Blog, 12rh November 2021

Source: ukhumanrightsblog.com

What is ecocide and how does it affect our rights? – Each Other

‘Voices from around the world have called for leaders at COP26 to create international law against ‘ecocide’. Lucy Skoulding explores what ecocide means and how existing legislation could be used to prevent it.’

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Each Other, 4th November 2021

Source: eachother.org.uk

MoD has settled 417 Iraq war compensation claims this year – The Guardian

‘The Ministry of Defence has quietly settled 417 Iraq compensation claims and paid out several million pounds to resolve accusations that British troops subjected Iraqis to cruel and inhumane treatment, arbitrary detention or assault.’

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The Guardian, 6th November 2021

Source: www.theguardian.com

Supreme Court delivers Judgment on Collective Bargaining – Littleton Chambers

‘The Supreme Court has handed down judgment in Kostal UK Ltd v Dunkley and others [2021] UKSC 47, an important decision for collective bargaining. It held that the employer (Kostal) was in breach of s. 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (the “1992 Act”) by making offers of a change to the terms and conditions of employment directly to employees and bypassing the procedure for collective bargaining agreed with Unite the Union (“Unite”).’

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Littleton Chambers, October 2021

Source: littletonchambers.com

Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47 – Inducements relating to collective bargaining – Old Square Chambers

‘On 27 October 2021 the Supreme Court handed down judgment in Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47, allowing the appeal by 57 members of Unite the Union, recognised by Kostal for collective bargaining purposes. This is the first occasion the appeal courts considered the interpretation of section 145B of the Trade Union & Labour Relations (Consolidation) Act 1992, which was introduced following the decision of the ECtHR in Wilson/Palmer v United Kingdom [2002] IRLR 568. S. 145B gives trade union members the right not to receive offers from their employer which, if accepted, would have the result that one or more terms of their employment will not (or will no longer) be determined by collective bargaining (the “prohibited result”), if (but only if) if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the Employment Tribunal (ET) must make a prescribed award (currently £4,341) to each member to whom the offer is made.’

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Old Square Chambers, 27th October 2021

Source: oldsquare.co.uk

Family Law Newsletter – Spire Barristers

‘Issue #53 of Spire Barristers’ Family Law Newsletter: edited by Chloe Lee and Philippa Pudney; news and Case Reviews by Francesca Massarella. Francesca began pupillage at Spire Barristers in September 2021.’

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Spire Barristers, 27th October 2021

Source: spirebarristers.co.uk

Does The Spectrum 10K Autism Study Endanger Human Rights? – Each Other

Posted November 1st, 2021 in autism, children, consent, DNA, human rights, medical ethics, mental health, news by tracey

‘Launched last month, Spectrum 10K is the UK’s largest study into autism to date. But according to campaigners, its ethics are questionable and autistic people are now calling for a boycott.’

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Each Other, 29th October 2021

Source: eachother.org.uk

The Court of Protection and Criminal Law – UK Human Rights Blog

‘Re C [2021] EWCA Civ 1527. This is an appeal from Hayden J’s judgment in Re C [2021] EWCOP 25. The appeal was allowed on the basis that care workers making arrangements to secure the services of a sex worker for C would place the care workers in peril of committing an offence contrary to section 39 of the Sexual Offences Act 2003 (“SOA”).’

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UK Human Rights Blog, 30th October 2021

Source: ukhumanrightsblog.com

Lord Hodge, The Scope of Judicial Law-making in Constitutional Law and Public Law – Supreme Court

‘The scope of judicial law-making in constitutional law and public law.’

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Supreme Court, 27th October 2021

Source: www.supremecourt.uk

Is An Overhaul Of The Human Rights Act Imminent? – Each Other

Posted October 28th, 2021 in government departments, human rights, news, statute law revision by sally

‘Dominic Raab has announced his intention to “overhaul” the UK’s Human Rights Act (HRA), despite widespread criticism.’

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Each Other, 27th October 2021

Source: eachother.org.uk

Helen’s law: killer refused parole for failing to disclose where body hidden – The Guardian

‘A prisoner has become the first person to be refused parole under a new law that makes it harder for killers to be released if they refuse to reveal where they hid their victim’s body.’

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The Guardian, 27th October 2021

Source: www.theguardian.com

Supreme Court considers asylum claim decided under quashed fast track rules – UK Human Rights Blog

Posted October 27th, 2021 in appeals, asylum, human rights, immigration, news, Supreme Court by sally

‘In 2015, the Court of Appeal found that the fast-track procedure rules for appeals against the refusal of some types of asylum claim (the FTR) was “structurally unfair, unjust and ultra vires” (R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840; [2015] 1 WLR 5341, known as DA6). The Court of Appeal quashed the FTR because this structural unfairness “created a risk that the applicants would have inadequate time to obtain advice, marshall their evidence and properly present their cases”, which “created an unacceptable risk of unfairness in a significant number of cases”.’

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UK Human Rights Blog, 26th October 2021

Source: ukhumanrightsblog.com

Human rights applications and statutory rights to appeal – the domestic abuse context – EIN Blog

Posted October 27th, 2021 in appeals, families, government departments, human rights, immigration, news by sally

‘For a while now, the case of MY (Pakistan) [2021] EWCA Civ 1500 has been pending before the Court of Appeal. The appealed decision, made by the Upper Tribunal (IAC) on 17 February 2020, removed the right to a statutory appeal where the Home Office had not considered any human rights arguments raised in an immigration application.’

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EIN Blog, 26th October 2021

Source: www.ein.org.uk

Significant Rise In Anti-LGBTQ+ Hate Crime Since 2015 – Each Other

‘In 2014-15, there were 6,363 reports of hate crimes based on sexual orientation. Comparatively, in 2020-21, there were 19,679 reports. For 2014-15, 598 transphobic hate crimes were reported but in 2020-21, 2,588 were reported.’

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Each Other, 25th October 2021

Source: eachother.org.uk

Do Employers Discriminate Against People Without Degrees? – Each Other

Posted October 25th, 2021 in education, employment, equality, human rights, news, statistics, universities by tracey

‘In 1999, then Prime Minister Tony Blair pledged that by 2010 half of all under-30s should go on to university, with the aim, in part, of bettering their chances of securing rewarding and well-paid jobs. The target was first met in 2017/2018 and now nearly 60% of sixth form leavers progress on to a degree course. However, in the age of the pandemic, is university really the best route into employment from both a practical and human rights perspective?’

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Each Other, 22nd October 2021

Source: eachother.org.uk

High Court: Differential standards on abortion time-limits do not breach the human rights of disabled persons – UK Human Rights Blog

‘In Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), the High Court considered the lawfulness of the provision in the Abortion Act 1967 which permits termination of a foetus after 24 weeks where there is a substantial risk that, if born, a child would be “seriously handicapped”.’

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UK Human Rights Blog, 25th October 2021

Source: ukhumanrightsblog.com

Proposed Voter ID reforms in the UK: The dangers of ‘fraud’ based regulation – Oxford Human Rights Hub

Posted October 22nd, 2021 in bills, elections, equality, fraud, human rights, identification, identity fraud, news by sally

‘The UK government’s Election Bill containing controversial Voter ID provisions is progressing with haste through parliament this month, despite significant alarm over its potential impact. Whilst the government claims the bill will increase ballot security, all evidence points to these proposals being harmful to voter access and electoral integrity as the US experience demonstrates.’

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Oxford Human Rights Hub, 18th October 2021

Source: ohrh.law.ox.ac.uk