Article by Jonathan Lewis – Victim status under the Human Rights Act 1998 – Henderson Chambers

Posted August 10th, 2021 in disclosure, human rights, inquiries, judicial review, news, rendition, victims by sally

‘Reprieve, a legal action non-governmental organisation, and two MPs judicially reviewed the Prime Minister’s decision not to hold a public inquiry into the alleged complicity of British state agents in the unlawful rendition, detention, and mistreatment of individuals by other states in the years following the attack on New York in September 2001. The Court of Appeal held that the claimants were not victims within the meaning of the Human Rights Act 1998 (HRA 1998) and that Article 6(1) of the European Convention on Human Rights (ECHR) therefore did not apply to the claim. It further decided that the claimants were not entitled to disclosure in accordance with the standard set in SSHD v AF (No 3). Written by Jonathan Lewis, barrister at Henderson Chambers.’

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Henderson Chambers, 3rd August 2021

Source: www.hendersonchambers.co.uk

The Queen (o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments – Nearly Legal

‘In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief because the issue had become academic, but if that had not been the case he would have found for the Claimant. Leeds City Council, the Claimant’s landlord, were an Interested Party in the JR, took a neutral position and were not represented. Leeds District Magistrates Court, the Defendant, did the same, the usual approach where a court is challenged.’

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Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

Bosses battle over rights and wrongs of ‘no jab, no job’ – The Guardian

Posted August 9th, 2021 in coronavirus, employment, human rights, news, unfair dismissal, vaccination by sally

‘While big-name US firms can compel their staff to be vaccinated against Covid, in the UK the issue is a legal and moral minefield.’

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The Guardian, 8th August 2021

Source: www.theguardian.com

Authorising unregistered care and deprivation of liberty — Martin Downs – UK Human Rights Blog

‘Legislatures in London and Cardiff have long ago established the most detailed safeguards and systems of registration to protect young people placed in children’s homes – most especially where that involves depriving them of their liberty. At the same time, the administrations in both capitals have presided over a situation whereby there is a significant shortage of such registered accommodation. This has tended to provoke expressions of outrage by the Judiciary. One of these problem cases has reached the Supreme Court (T (A Child), Re [2021] UKSC 35).’

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UK Human Rights Blog, 5th August 2021

Source: ukhumanrightsblog.com

Prosecutors review Extinction Rebellion cases as third protester in three days has conviction quashed – The Independent

‘Prosecutors are reviewing numerous Extinction Rebellion cases after a third protester in as many days had their conviction quashed.’

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The Independent, 5th August 2021

Source: www.independent.co.uk

Alta Fixsler: European court says UK hospital can withdraw life support – The Guardian

‘A Manchester hospital may withdraw life support from a seriously brain-damaged child after the European court of human rights rejected an appeal by the girl’s family.’

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The Guardian, 4th August 2021

Source: www.theguardian.com

Why Is Disability Hate Crime So Hard To Prove? – Each Other

‘Under UK law, something is deemed a hate incident if the victim or anyone else thinks it was motivated by hostility or prejudice based on disability, race, religion, gender identity or sexual orientation. It then becomes a hate crime if it crosses the boundary of criminality.’

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Each Other, 3rd August 2021

Source: eachother.org.uk

Inherent jurisdiction can be used for deprivation of liberty of children amid “scandalous” shortage of approved secure accommodation: Supreme Court – Local Government Lawyer

‘The inherent jurisdiction of the High Court can be used 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, the Supreme Court has held.’

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Local Government Lawyer, 30th July 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: In the matter of T (A Child) [2021] UKSC 35 – UKSC Blog

The Supreme Court has unanimously dismissed this appeal concerning two main issues: (i) First, is it a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case? (ii) Secondly, if contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what is the relevance of the child’s consent to the proposed living arrangements?

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Whose Job Is It To Fix The Normalisation Of Sexual Abuse In Schools? – Each Other

Posted August 3rd, 2021 in duty of care, education, human rights, news, school children, sexual offences by sally

‘The government released a report in June that revealed rampant sexual abuse in schools all over the country. Nine in ten girls surveyed said that sexist name-calling and being sent unwanted explicit imagery happened “a lot”, but whose responsibility is it to fix it?’

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Each Other, 2nd August 2021

Source: eachother.org.uk

New Judgment: R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38 – EIN Blog

Posted August 3rd, 2021 in asylum, children, detention, human rights, judicial review, news, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning the legality of the Home Department’s regime that provides for determining the age of asylum seekers entering the UK.’

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EIN Blog, 2nd August 2021

Source: www.ein.org.uk

New Judgment: R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38 – UKSC Blog

Posted August 3rd, 2021 in asylum, children, detention, human rights, judicial review, news, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning the legality of the Home Department’s regime that provides for determining the age of asylum seekers entering the UK.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

New Judgment: R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the standards to be applied by a court on judicial review of the contents of a policy document or statement of practice issued by a public authority. It is one of two appeals heard by the same panel of five Justices examining similar issues. It should be read together with the Court’s judgment in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Blood Donation Rule Changes Ease Discrimination Against Queer Men, but is it Enough? – Each Other

‘Blood donation rules for gay and bisexual men have been relaxed across the UK in a “landmark change”, but are the modifications enough to eradicate discrimination?’

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Each Other, 30th July 2021

Source: eachother.org.uk

What Are Reparations And What Forms Can They Take? – Each Other

‘With Jamaica preparing to ask for reparations from Britain for the Atlantic slave trade, EachOther asks what this could look like?’

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Each Other, 29th July 2021

Source: eachother.org.uk

Napier barracks conditions held not to meet minimum standards – UK Human Rights Blog

‘In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.’

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UK Human Rights Blog, 28th July 2021

Source: ukhumanrightsblog.com

A Coalition Of Over 200 Organisations Condemns Proposed Changes To Judicial Review – Each Other

Posted July 29th, 2021 in bills, charities, government departments, human rights, judicial review, news by sally

‘In an unprecedented move, a coalition of more than 220 organisations has condemned proposed changes to judicial review and the Human Rights Act, including EachOther UK.’

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Each Other, 28th July 2021

Source: eachother.org.uk

Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful – Oxford Human Rights Hub

‘The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) on the two-child rule (in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, and it wastes no opportunity to disappoint.’

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Oxford Human Rights Hub, 26th July 2021

Source: ohrh.law.ox.ac.uk

Fifty-two prisoners in close supervision units ‘that may amount to torture’ – The Guardian

‘Fifty-two people are being held in prison units in England and Wales in conditions that a UN human rights expert has said may amount to torture, the Guardian has learned.’

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The Guardian, 26th July 2021

Source: www.theguardian.com

Should We Have The Right To Housing? – Each Other

Posted July 27th, 2021 in coronavirus, housing, human rights, landlord & tenant, news, statistics by sally

‘In our new Visions of Human Rights series – we look at issues and social concerns that we currently don’t have the right to – but ones that charities and activists are asking to be reconsidered. During the pandemic, the spaces we have been confined to or unable to move from were under the spotlight like never before. Today Hannah Shewan Stevens looks at whether we should have the right to housing.’

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Each Other, 26th July 2021

Source: eachother.org.uk