Category: human rights

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 20th, 2023 in appeals, human rights, injunctions, local government, news, Supreme Court, travellers by sally

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world”.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

Boy kept in solitary confinement wins £31,500 payout – The Guardian

Posted December 19th, 2023 in compensation, detention, human rights, mental health, news, young offenders by tracey

‘The UK government has agreed to pay £31,500 compensation after accepting that a 15-year-old boy with serious mental health problems was subjected to “inhuman or degrading treatment” by being kept in solitary confinement for almost two months.’

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The Guardian, 18th December 2023

Source: www.theguardian.com

Legal action planned over UK’s ‘cruel’ income threshold visa rules – The Guardian

Posted December 18th, 2023 in families, government departments, human rights, judicial review, news, remuneration, Supreme Court by sally

‘Multinational families threatened with division or exile by tough new income thresholds for living together in the UK are planning legal action to overturn the “cruel and inhumane” policy.’

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The Guardian, 17th December 2023

Source: www.theguardian.com

Legal Implications of Doubling the Family Visa Income Requirement – EIN Blog

Posted December 13th, 2023 in families, government departments, human rights, immigration, judicial review, news, remuneration, Supreme Court, visas by sally

‘As many readers will be aware, part of the Home Secretary’s recently announced “five-point plan” on immigration included a significant increase to the minimum income threshold for family visas under Appendix FM of the Immigration Rules.’

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EIN Blog, 12th December 2023

Source: www.ein.org.uk

Can the new Rwanda bill work and what could stop it? – BBC News

Posted December 7th, 2023 in asylum, bills, human rights, immigration, international law, news, Rwanda, Supreme Court, treaties by michael

‘Expert lawyers who have been involved in the Rwanda case – or supported the challenge to the policy – have described new legislation as potentially setting up a politically explosive fight with both the Supreme Court and European Court of Human Rights.’

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BBC News, 6th December 2023

Source: www.bbc.co.uk

Sunak’s bill aims to block UK human rights law to save Rwanda scheme – The Guardian

Posted December 7th, 2023 in asylum, bills, human rights, immigration, international law, news, Rwanda, Supreme Court, treaties by michael

‘An emergency bill published on Wednesday will assert that ministers have the power to ignore judgments that come from Strasbourg while stopping short of leaving or “disapplying” the European convention on human rights.’

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The Guardian, 6th October 2023

Source: www.theguardian.com

Case Preview: Secretary of State for Business and Trade v Mercer – UKSC Blog

Posted December 5th, 2023 in declarations of incompatibility, human rights, industrial action, news, Supreme Court, trade unions by sally

‘Under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”), s. 146, workers are protected against detriments falling short of dismissal related to taking part in the activities of an independent trade union at an appropriate time. The scope of “trade union activities” in that provision has been interpreted as not including industrial action.’

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UKSC Blog, 5th December 2023

Source: ukscblog.com

UK anti-strike rules may breach international law, MPs and peers warn – The Guardian

Posted November 30th, 2023 in health, human rights, immigration, industrial action, international law, news, regulations, select committees, transport by sally

‘Workers in some public sector jobs will be completely prevented from striking under restrictive rules that may breach international law, parliament’s watchdog on human rights has said.’

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The Guardian, 28th November 2023

Source: www.theguardian.com

High Court grants permission for legal challenge over lack of legal aid for school exclusion appeals – Local Government Lawyer

Posted November 29th, 2023 in appeals, children, education, equality, Equality and Human Rights Commission, families, human rights, legal aid, local government, news, school children, school exclusions by sally

‘The High Court has granted permission for a claimant to challenge the lack of legal aid for appeals before an Independent Review Panel (IRP), the independent body that reviews the lawfulness of permanent exclusions.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Bringing the Right to Die to the British Isles (Part I): The Isle of Man’s Proposed Assisted Dying Regime – Oxford Human Rights Hub

Posted November 29th, 2023 in assisted suicide, bills, human rights, news by sally

‘On 31 October 2023, a bill that would legalise assisted dying for the first time in the British Isles passed its second reading – but not in Westminster. Rather, it was Tynwald, the legislature of the Isle of Man, which took this step towards the protection of the right to a dignified death, or, depending on one’s view, the erosion of the right to life.’

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Oxford Human Rights Hub, 28th November 2023

Source: ohrh.law.ox.ac.uk

UK’s human-rights watchdog at risk of UN downgrade – The Guardian

Posted November 29th, 2023 in complaints, equality, Equality and Human Rights Commission, gender, homosexuality, human rights, news, sex discrimination, sexual orientation discrimination, transgender persons by sally

‘Britain’s equality watchdog could lose its right to participate at the UN human rights council as a result of complaints about its independence and record on transgender rights.’

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The Guardian, 28th November 2023

Source: www.theguardian.com

Is an Artificial Neural Network a computer programme ineligible for patent protection? – UK Human Rights Blog

Posted November 24th, 2023 in artificial intelligence, computer programs, human rights, intellectual property, news, patents by tracey

‘This fascinating case is imperative reading for anyone not computer literate who wishes to understand the concept of an Artificial Neural Network. In recent times the courts have had to grapple with the difficulties of this concept in relation to traditional computers and software. This appeal raised new questions because it involved deciding whether the use of an aspect of Artificial Intelligence, namely an Artificial Neural Network (“ANN”), in the circumstances of this case, fell under section 1(2)(c) of the Patents Act 1977 which excludes from patent protection “a program for a computer … as such”..’

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UK Human Rights Blog, 23rd November 2023

Source: ukhumanrightsblog.com

Shell to face human rights claims in UK over chronic oil pollution in Niger delta – The Guardian

Posted November 24th, 2023 in damages, energy, environmental health, human rights, news, pollution by tracey

‘Thousands of Nigerian villagers can bring human rights claims against the fossil fuel company Shell over the chronic oil pollution of their water sources and destruction of their way of life, the high court in London has ruled.’

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The Guardian, 23rd November 2023

Source: www.theguardian.com

The Supreme Court’s Rwanda Judgment: What Now for the Government? – Oxford Human Rights Hub

Posted November 22nd, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’

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Oxford Human Rights Hub, 22nd November 2023

Source: ohrh.law.ox.ac.uk

Theodore Konstadinides: Reassessing the UK’s Rwanda Asylum Policy: Tinkering with International Law and the Constitution – UK Constitutional Law Association

Posted November 22nd, 2023 in appeals, asylum, constitutional law, deportation, government departments, human rights, immigration, international law, news, Rwanda, Supreme Court by sally

‘On 15 November, the Supreme Court issued its much-awaited judgment in the case of AAA and others v the Home Secretary, commonly referred to as the Rwanda asylum policy case. The decision came notably quickly, almost a month after the case was heard, indicating the Court’s responsiveness to the urgency and the wider public interest surrounding the case. Despite the swift turnaround, the judgment was meticulously formulated, reflecting the serious implications of the case.’

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UK Constitutional Law Association, 21st November 2023

Source: ukconstitutionallaw.org

Adam Tucker: The Rwanda Policy, Legal Fiction(s), and Parliament’s Legislative Authority – UK Constitutional Law Association

Posted November 22nd, 2023 in appeals, asylum, constitutional law, deportation, government departments, human rights, immigration, news, Rwanda, Supreme Court by sally

‘Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends to “take the extraordinary step of introducing emergency legislation” which “will enable Parliament to confirm that… Rwanda is safe”.’

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UK Constitutional Law Association, 22nd November 2023

Source: ukconstitutionallaw.org

Doctor’s suspension after questioning the severity of Covid 19 did not breach his Article 10 rights – UK Human Rights Blog

Posted November 21st, 2023 in appeals, coronavirus, disciplinary procedures, doctors, human rights, news, tribunals by sally

‘This was an appeal by a doctor against a decision of the medical practitioners’ tribunal that he was guilty of misconduct. He also appealed against the tribunal’s decision to suspend his registration for six months.’

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UK Human Rights Blog, 20th November 2023

Source: ukhumanrightsblog.com

Just Stop Oil protesters’ jail terms potentially breach international law, UN expert says – The Guardian

Posted November 21st, 2023 in demonstrations, environmental protection, freedom of expression, human rights, international law, news, public order, roads, sentencing, treaties, United Nations by sally

‘Long sentences handed to two Just Stop Oil protesters for scaling the M25 bridge over the Thames are a potential breach of international law and risk silencing public concerns about the environment, a UN expert has said.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

Unanimous Supreme Court: Rwanda removals are unlawful – UK Human Rights Blog

Posted November 17th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by tracey

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’

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UK Human Rights Blog, 15th November 2023

Source: ukhumanrightsblog.com

Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

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The Guardian, 15th November 2023

Source: www.theguardian.com