‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’
UK Human Rights Blog, 21st September 2021
Source: ukhumanrightsblog.com
‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’
UK Human Rights Blog, 21st September 2021
Source: ukhumanrightsblog.com
‘A new bill could prevent millions of people from being able to vote, according to a report published by the Joint Committee on Human Rights (JCHR).’
Each Other, 21st September 2021
Source: eachother.org.uk
‘Universal credit claimants are about to lose £20-a-week from their payments, equivalent to £1040 a year. Introduced as a temporary measure at the start of the coronavirus pandemic in 2020, Chancellor Rishi Sunak said the extra payment would stop in October. Removing the uplift, which has helped claimants make ends meet during the pandemic, could infringe on the right to a private life enshrined in Article 8 of the Human Rights Act.’
Each Other, 15th September 2021
Source: eachother.org.uk
‘Aileen McHarg and Alison Young believe that the new British constitution, which I wrote about in my book of that name published in 2009 is less securely based than I suggested. The pillars of that new constitution were, I argued, the Human Rights Act, the devolution settlement, the referendum, and the new arrangements for the government of London which provided for Britain’s first directly elected mayor.’
UK Constitutional Law Association, 14th September 2021
Source: ukconstitutionallaw.org
‘Cambridge University Foundation NHS v AH and others (by her Litigation Friend and the Official Solicitor). These are the words that Hayden J, Vice President of the Court of Protection, used to describe AH, the applicant in this case. The Official Solicitor identified it as “the most troubling and tragic of cases of this kind” with which she has been involved.’
UK Human Rights Blog, 13th September 2021
Source: ukhumanrightsblog.com
‘What does international law say about turning back migrants at sea, and can “pushback” tactics be used safely and legally?’
House of Commons Library, 13th September 2021
Source: commonslibrary.parliament.uk
‘This post is the second part of two posts on the draft Online Safety Bill. In my first post, here, I detailed the mechanics of the proposed bill in detail. This post will summarise some of the civil society responses since the publication of the draft bill, attempting an evaluation of how reasonable those responses are in light of the available information.’
UK Human Rights Blog, 11th September 2021
Source: ukhumanrightsblog.com
‘A few days ago it was highlighted in the press that the Association of Independent Meat Suppliers was in discussions with the Ministry of Justice. The aim of these was to explore how prisoners could be used to cover labour shortages, one of the many reported effects of Brexit. The scheme under which this could be done is the “Release under Temporary License”, which permits certain categories of prisoners who are on day release to work. Another group of prisoners who could work in this context are those with long sentences that are coming towards the end of these and who are idle for years while in prison.’
UK Labour Law, 8th September 2021
Source: uklabourlawblog.com
‘The Government stopped remote working in Parliament in July, leaving some representatives locked out. Now, a cross-section of MPs are calling on the Leader of the House of Commons to reinstate it.’
Each Other, 8th September 2021
Source: eachother.org.uk
‘In April this year, thousands of anonymous reports were shared by students on Everyone’s Invited, a website which encourages young survivors of sexual abuse to share their stories. After these reports were received, Everyone’s Invited decided to name the schools implicated in these accounts. Of the 2,962 schools identified, 2,556 are secondary schools and 406 primary schools and 119 universities. To date, in excess of 51,000 testimonies have been shared on the site.’
3 Hare Court, 1st September 2021
Source: www.3harecourt.com
‘UK religious groups have been accused of “shocking failings” and “blatant hypocrisy” in the way they handle child sex abuse allegations, according to the findings of a recent inquiry.’
Each Other, 7th September 2021
Source: eachother.org.uk
‘On 6 July 2021 the European Court of Human Rights (ECtHR) published its judgment in the case of Norman v UK (Application no. 41387/17). The case concerned Mr Robert Norman, an officer at Belmarsh prison, who in 2015 was convicted of misconduct in public office for passing a variety of information to a tabloid journalist in exchange for money. The ECtHR found that, in Mr Norman’s case, the offence itself did not constitute a breach of Article 7 ECHR (no punishment without law): Mr Norman’s conduct was sufficiently serious for it to have been foreseeable that it would constitute a criminal offence. The ECtHR also found that the newspaper’s disclosure of Mr Norman’s activities to the police, and his subsequent prosecution and conviction, did not breach his rights under Article 10 ECtHR (freedom of expression).’
UK Human Rights Blog, 6th September 2021
Source: ukhumanrightsblog.com
‘Shielding – a piece of public health jargon with which we’re all now familiar – has seen individuals deemed clinically extremely vulnerable to Covid-19 asked to stay inside and avoid all contact with those outside their households.’
Each Other, 1st September 2021
Source: eachother.org.uk
‘Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.’
Local Government Lawyer, 27th August 2021
Source: www.localgovernmentlawyer.co.uk
‘Extinction Rebellion has demanded to know how its upcoming demonstrations will be policed after the Supreme Court ruled that protest can be a “lawful excuse” to block roads under human rights law.’
The Independent, 22nd August 2021
Source: www.independent.co.uk
‘In July 2020, the UN Human Rights Committee adopted General Comment No. 37 on the right to peaceful assembly, directing States to recognise the “intrinsic value” of the right, and to “promote an enabling environment for the exercise of the right to peaceful assembly without discrimination”. The Human Rights Committee also reaffirmed that, even in states of emergencies, states’ obligations to ensure non-discrimination remain: emergency measures must not discriminate either in their purpose or their effects.’
Oxford Human Rights Hub, 19th August 2021
Source: ohrh.law.ox.ac.uk
‘Every day, thousands of people experiencing homelessness in the UK are met with exhausting challenges, but one that rarely gets much attention is the constant search for somewhere secure to store their belongings.’
Each Other, 19th August 2021
Source: eachother.org.uk
‘Disability activists allege that City of York Council have breached their legal duty to promote equality by seeking to expand their “footstreets” scheme, which would permanently pedestrianise the city centre and potentially limit access for disabled patrons.’
Each Other, 16th August 2021
Source: eachother.org.uk
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