Category: human rights

Vernon Bogdanor: Reply to McHarg and Young – UK Constitutional Law Association

Posted September 15th, 2021 in brexit, constitutional law, devolution, human rights, London, news, parliament by sally

‘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.’

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UK Constitutional Law Association, 14th September 2021

Source: ukconstitutionallaw.org

“The most complex Covid patient in the world” – UK Human Rights Blog

Posted September 15th, 2021 in coronavirus, Court of Protection, human rights, medical treatment, news by sally

‘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.’

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UK Human Rights Blog, 13th September 2021

Source: ukhumanrightsblog.com

Insight: Is turning back migrants at sea compatible with international law? – House of Commons Library

Posted September 14th, 2021 in asylum, human rights, immigration, international law, news, treaties, United Nations by sally

‘What does international law say about turning back migrants at sea, and can “pushback” tactics be used safely and legally?’

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House of Commons Library, 13th September 2021

Source: commonslibrary.parliament.uk

The Online Safety Bill Part 2: Do these proposals go too far, leading to overzealous policing? – UK Human Rights Blog

Posted September 13th, 2021 in bills, freedom of expression, human rights, internet, news, police by sally

‘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.’

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UK Human Rights Blog, 11th September 2021

Source: ukhumanrightsblog.com

Human Rights for Working Prisoners – by Virginia Mantouvalou – UK Labour Law

Posted September 10th, 2021 in employment, human rights, Ministry of Justice, news, prisons by sally

‘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.’

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UK Labour Law, 8th September 2021

Source: uklabourlawblog.com

Is The End of Online Parliamentary Debates A Human Rights Issue? – Each Other

Posted September 9th, 2021 in coronavirus, disabled persons, diversity, flexible working, human rights, news, parliament, women by sally

‘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.’

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Each Other, 8th September 2021

Source: eachother.org.uk

Sexual abuse in School – Adopting a zero-tolerance approach – 3 Hare Court

Posted September 8th, 2021 in abuse of position of trust, chambers articles, child abuse, children, disciplinary procedures, equality, human rights, news, school children, sexual offences, statistics, statutory duty, universities by sally

‘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.’

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3 Hare Court, 1st September 2021

Source: www.3harecourt.com

Inquiry Finds Religious Groups Are Failing Over Child Sex Abuse – Each Other

Posted September 8th, 2021 in abuse of position of trust, child abuse, children, Christianity, human rights, inquiries, Islam, Judaism, news, Sikhism by sally

‘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.’

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Each Other, 7th September 2021

Source: eachother.org.uk

Misconduct in public office – ECtHR reviews foreseeability of common law offence – UK Human Rights Blog

Posted September 6th, 2021 in appeals, disclosure, freedom of expression, human rights, media, misfeasance in public office, news, prison officers, prisons, professional conduct by sally

‘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).’

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UK Human Rights Blog, 6th September 2021

Source: ukhumanrightsblog.com

Are Shielders’ Human Rights Being Trampled? – Each Other

Posted September 2nd, 2021 in coronavirus, disabled persons, human rights, news, regulations by sally

‘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.’

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Each Other, 1st September 2021

Source: eachother.org.uk

Public Law Proceedings and the 1996 Hague Convention – Local Government Lawyer

Posted August 27th, 2021 in care orders, children, families, foreign jurisdictions, human rights, jurisdiction, local government, news by sally

‘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.’

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Local Government Lawyer, 27th August 2021

Source: www.localgovernmentlawyer.co.uk

XR demands answers on how protests will be policed after Supreme Court defends disruptive demonstrations – The Independent

Posted August 23rd, 2021 in appeals, bills, climate change, demonstrations, environmental protection, government departments, human rights, news, nuisance, police, proportionality, prosecutions, statistics, Supreme Court by sally

‘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.’

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The Independent, 22nd August 2021

Source: www.independent.co.uk

Discriminatory Denial of Peaceful Assembly in the UK – Oxford Human Rights Hub

Posted August 20th, 2021 in bills, demonstrations, equality, human rights, news, police, race discrimination, United Nations by sally

‘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.’

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Oxford Human Rights Hub, 19th August 2021

Source: ohrh.law.ox.ac.uk

What Are Homeless People’s Rights To Belongings? – Each Other

Posted August 20th, 2021 in homelessness, housing, human rights, local government, news, theft by sally

‘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.’

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Each Other, 19th August 2021

Source: eachother.org.uk

York Council Accused Of Breaching Equality Duty – Each Other

Posted August 18th, 2021 in disability discrimination, disabled persons, equality, human rights, local government, news, parking, roads by sally

‘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.’

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Each Other, 16th August 2021

Source: eachother.org.uk

Does The Legal Definition Of Rape Need Updating? – Each Other

Posted August 18th, 2021 in human rights, news, rape, sex discrimination, sexual offences, statistics, statute law revision, statutory interpretation by sally

‘The current legal definition of rape means that victims of sexual assault without penile penetration cannot technically claim the word, feeding the stigma felt by some survivors.’

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Each Other, 17th August 2021

Source: eachother.org.uk

New police CCTV use rules criticised as bare bones – BBC News

Posted August 17th, 2021 in closed circuit television, codes of practice, data protection, facial mapping, human rights, investigatory powers, news, police, privacy by sally

‘A proposed code of practice covering police use of live facial recognition in England and Wales has been criticised by human rights groups.’

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BBC News 17th August 2021

Source: www.bbc.co.uk

Challenge to Criminal Injuries Compensation Scheme dismissed by Supreme Court – UK Human Rights Blog

Posted August 16th, 2021 in criminal injuries compensation, criminal records, human rights, news, Supreme Court, trafficking in human beings by sally

‘A and B v Criminal Injuries Compensation Authority and another [2021] UKSC 27. On appeal from [2018] EWCA Civ 1534. The claimants in the case were victims of human trafficking with unspent convictions in Lithuania. The Criminal Injuries Compensation Scheme (CICS) provides compensation to victims of crime, apart from where they have unspent criminal convictions (“the exclusionary rule”). The question for the Supreme Court was whether the exclusionary rule breached the claimants’ rights under Articles 4 and 14 of the European Convention on Human Rights. The Court found that the rule did not breach these rights.’

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UK Human Rights Blog, 16th August 2021

Source: ukhumanrightsblog.com

Authorising unregistered care and deprivation of liberty – Local Government Lawyer

Posted August 13th, 2021 in appeals, care homes, care orders, children, detention, human rights, jurisdiction, local government, news, Supreme Court by sally

‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’

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Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Quarantine hotel rules face legal challenge – BBC News

Posted August 12th, 2021 in coronavirus, detention, false imprisonment, hotels, human rights, judicial review, news, vaccination by sally

‘A law firm representing travellers is challenging the UK’s quarantine hotel policy and seeking a judicial review.’

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BBC News, 12th August 2021

Source: www.bbc.co.uk