human rights – Page 36 – Current Awareness

Daniella Lock, Fiona de Londras and Pablo Grez Hidalgo: Parliamentary Engagement with Human Rights under COVID-19 and the Independent Human Rights Act Review – UK Constitutional Law Association

Posted March 3rd, 2021 in constitutional law, consultations, coronavirus, human rights, news, parliament by sally

‘As the deadline for submissions to Independent Human Rights Act Review (IHRAR) passes this week, the appropriate division of constitutional labour in respect of human rights protection continues to attract debate. The terms of reference for the IHRAR suggests a focus on the role of the courts in protecting rights under the Human Rights Act 1998 (HRA). In particular, it asks whether the roles of the courts, Parliament and the Government are appropriately “balanced” in this respect. In our submission to the IHRAR we have highlighted that, in line with the structure and principles of the UK constitution, the HRA is designed to give Parliament a leading role in human rights protection. In spite of this, however, we have further noted that Parliament too often fails to undertake appropriate rights-related deliberation, scrutiny and engagement of legislative and policy action.’

UK Constitutional Law Association, 3rd March 2021

Source: ukconstitutionallaw.org

Judge rules council breached ECHR rights of orthodox Jewish 15-year-old boy – but not his brother – over proposal for respite placement accommodation – Local Government Lawyer

Posted March 3rd, 2021 in care homes, children, disabled persons, equality, families, housing, human rights, Judaism, judicial review, local government, news by sally

‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’

Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

A crucial and long-needed step against the devaluation of domestic work: ‘family worker’ exemption dis-applied in Puthenveettil v Alexander & ors – by Natalie Sedacca – UK Labour Law

Posted March 2nd, 2021 in EC law, employment tribunals, human rights, minimum wage, news, sex discrimination by sally

‘On 15 December 2020, the London South Employment Tribunal gave its judgment in a claim brought by a domestic worker, Ms Kamalammal P K Puthenveettil, challenging her exemption from payment of the national minimum wage on the basis of the “family worker” exemption. The Employment Tribunal (‘ET’) accepted the Claimant’s argument that this exemption, stemming from the “family worker” exemption, was unlawful and indirectly discriminatory on the basis of sex. This exemption has meant that some live-in domestic workers – part of an overwhelmingly female and largely ethnic minority and / or migrant workforce – have been at worst denied payment of the national minimum wage (‘NMW’), and in other cases lacked clarity about their entitlement to this very basic right. After outlining the background to Puthenveettil, this post will explain the family worker exemption and its (mis-)application to some live-in domestic workers. It will then analyse the judgment in Puthenveettil, its significance in questioning the devaluation of domestic work, and the limitations of the legal framework for domestic workers in the UK.’

UK Labour Law, 1st March 2021

Source: uklabourlawblog.com

High Court: Covid self-employed support scheme does not unlawfully discriminate against women – UK Human Rights Blog

Posted March 1st, 2021 in Administrative Court, coronavirus, employment, equality, government departments, HM Revenue & Customs, human rights, judicial review, maternity leave, news, self-employment, sex discrimination, taxation, women by sally

‘R (The Motherhood Plan and Anor) v HM Treasury [2021] EWHC 309 (Admin). In a judgment handed down on 17 February 2021, the High Court has ruled that the Self Employment Income Support Scheme (“the Scheme”) introduced during the coronavirus pandemic does not indirectly discriminate against self-employed women who have taken a period of leave relating to maternity or pregnancy in the last three tax years.’

UK Human Rights Blog, 26th February 2021

Source: ukhumanrightsblog.com

Lack of access to lawyers for immigration detainees being held in prison is unlawful, High Court rules – The Independent

Posted February 26th, 2021 in detention, human rights, immigration, legal aid, legal representation, news, prisons by sally

‘The legal aid provision for immigration detainees held in prisons is unlawful, the High Court has ruled, after it emerged a man was unable to access a lawyer for 10 months and had to represent himself.’

The Independent, 25th February 2021

Source: www.independent.co.uk

Shamima Begum: Isis member loses Supreme Court battle to return to UK – The Independent

Posted February 26th, 2021 in appeals, children, citizenship, human rights, news, Supreme Court, terrorism, young offenders by sally

‘Shamima Begum has lost her legal battle attempting to return to the UK to fight for her British citizenship. The Supreme Court found that the former Isis member did not need to be in the country to have a “fair and effective appeal”, overturning a previous ruling by the Court of Appeal.’

The Independent, 26th February 2021

Source: www.independent.co.uk

Stuck Between a Virus and a Human Rights Breach… – Garden Court Chambers

Posted February 25th, 2021 in carers, coronavirus, fostering, human rights, local government, news by sally

‘These are strange times and the risks posed by the pandemic are constantly changing and increasing. The impact of this on individuals is significant and concerns about personal safety are high. Balancing those concerns with schooling, home schooling and contact means this will become even more difficult.’

Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

Specific Issue Order for Vaccination-including COVID-19: M v H (Private Law Vaccination) [2020] EWFC 93 (15 December 2020) – Parklane Plowden Chambers

Posted February 25th, 2021 in children, coronavirus, expert witnesses, human rights, news, parental responsibility, vaccination by sally

‘This hearing before MacDonald J was part of a wider private law dispute between parents regarding the children (P aged 6 and T aged 4) spending time with their father. A finding of fact hearing had already taken place, with a final hearing listed to commence on 21 December 2020. The original application from the father included a specific issue order, initially on MMR vaccination. This was then amended to vaccination in accordance with the NHS vaccination schedule.’

Parklane Plowden Chambers, 24th February 2021

Source: www.parklaneplowden.co.uk

Mischief Wrought by Stephen Sedley – London Review of Books

Posted February 25th, 2021 in compensation, health & safety, human rights, news by sally

‘The United Kingdom has in recent years been blighted by a compensation culture generated by health and safety legislation and human rights laws and promoted by well-paid legal aid lawyers and credulous judges. We know these to be facts because newspapers and electronic media have exposed them fearlessly. David Cameron, when he was prime minister, was so concerned about the situation that he appointed the veteran Tory politician and entrepreneur Lord Young to report on the state of health and safety legislation and “the rise of the compensation culture over the last decade”. Young reported that the problem, fuelled as it was by media stories, was “one of perception rather than reality”. Nothing daunted, the prime minister wrote in his foreword to the report: “A damaging compensation culture has arisen …”‘

London Review of Books, 4th March 2021

Source: www.lrb.co.uk

Judges overturn conviction for refusal to give name and address in case of suspected Covid regulations breach – Local Government Lawyer

Posted February 25th, 2021 in coronavirus, human rights, identification, news, regulations by sally

‘The Administrative Court has ruled that a man was entitled to refuse to give his name and address to a police officer who wanted to issue a fixed penalty notice for breach of lockdown regulations.’

Local Government Lawyer, 24th February 2021

Source: www.localgovernmentlawyer.co.uk

The Human Rights Act, 1998 – Oxford Human Rights Hub

Posted February 25th, 2021 in bills, human rights, news by sally

‘A striking feature of the history of Europe since the ending of WW II has been the origin, development, application and enforcement of the international movement for the protection of human rights. That movement has become a vital part of the government of the continent of Europe; it has affected both the larger and smaller states, and brought together states which were enemies in WWII, or were opposed to each other in the Cold War before the fall of the Berlin wall and the ending of communism in many European states.’

Oxford Human Rights Hub, 24th February 2021

Source: ohrh.law.ox.ac.uk

Victims of human trafficking: can they be criminals as well? – EIN Blog

Posted February 24th, 2021 in appeals, children, criminal justice, drug offences, human rights, immigration, news, trafficking in human beings, victims, young offenders by sally

‘Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

EIN Blog 24th February 2021

Source: www.ein.org.uk

Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?- UK Constitutional Law Association

Posted February 23rd, 2021 in constitutional law, declarations of incompatibility, human rights, judicial review, news, regulations, statutory interpretation by sally

‘The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that the relationship between human rights, the courts, and delegated legislation ought to be recast.’

UK Constitutional Law Association, 22nd February 2021

Source: ukconstitutionallaw.org

Victims of human trafficking: can they be criminals as well? – UK Human Rights Blog

Posted February 23rd, 2021 in children, human rights, news, prosecutions, trafficking in human beings, victims by sally

‘V.C.L. and A.N. v the United Kingdom (16 February 2021). Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

UK Human Rights Blog, 22nd February 2021

Source: ukhumanrightsblog.com

17 Human Rights Groups Are Boycotting The Government’s Prevent Review – Here’s All The Context – Each Other

Posted February 18th, 2021 in human rights, Islam, minorities, news, terrorism by sally

‘Leading human rights groups including Liberty, Amnesty International and the Runnymede Trust have announced a boycott into a pending review of the Government’s Prevent Strategy.’

Each Other, 17th February 2021

Source: eachother.org.uk

R v R [2021] EWCA Crim 35 – Broadway House Chambers

Posted February 18th, 2021 in human rights, news, notification, statutory interpretation, terrorism by sally

‘Stephen Wood QC considers this important recent case concerning the notification requirements imposed upon Defendants, following conviction for terrorism offences.’

Broadway House Chambers, 17th February 2021

Source: broadwayhouse.co.uk

R (Salvato) v Secretary of State for Work and Pensions – Equality Law Blog

Posted February 17th, 2021 in benefits, children, equality, human rights, news, sex discrimination, women by sally

‘The High Court ruled that the requirement that the childcare element (CCE) of Universal Credit (UC) could be paid to applicants only after they had actually paid for childcare, rather than becoming liable so to do (“the proof of payment rule”), was unlawful because it discriminated indirectly against women contrary to Article 14 ECHR read with Article 8 and/or A1P1 Further, having scrutinised the justification for the Secretary of State’s approach through the prism of Article 14, he went on to find that it was also irrational as a matter of common law. The decision engages intelligently with the sometimes tricky question of appropriate comparator pools, and shines useful light on the potential for common law rationality to accommodate discrimination-based claims even were direct reliance on Article 14 to become unavailable.’

Equality Law Blog, 16th February 2021

Source: equalitylawblog.com

Substantial debts are not substantial arrears – Nearly Legal

Posted February 15th, 2021 in coronavirus, debts, housing, human rights, landlord & tenant, news, rent, repossession by sally

‘The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the Trinity House of Deptford Strond v (1) Prescott (2) Byrne (2021) EWHC 283 (Ch), was, until Saturday night, at risk of being a footnote in housing law history, but, with the extension of the ban on (most) evictions in England being extended until the end of March (here, and see below), it’s now a bit more important.’

Nearly Legal, 14th February 2021

Source: nearlylegal.co.uk

UK government accused of ‘dragging heels’ on racism – The Guardian

Posted February 12th, 2021 in equality, government departments, human rights, news, race discrimination, racism, select committees by sally

‘The government is still “dragging its heels” on racism, according to MPs and race equality campaigners critical of its response to a damning parliamentary report on Black people and human rights.’

The Guardian, 11th February 2021

Source: www.theguardian.com

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