Vicky Kapogianni: Clause 45 of the Nationality and Borders Bill: A Quasi-Open Window of Access to Justice – UK Constitutional Law Association

Posted February 24th, 2022 in asylum, bills, human rights, judicial review, legal aid, news, refugees by sally

‘Access to justice is a fundamental right in the common law and an essential part of the rule of law. In R v Lord Chancellor Ex Parte Witham, Laws J stated that the common law affords special weight to the right of access to the courts as a constitutional right. Such a constitutional right derives chiefly from two sources, the common law per se and Article 6 of the European Convention on Human Rights (ECHR). One of the major issues, however, for asylum seekers is the fact that the guarantees afforded under Article 6 ECHR, do not apply to asylum decisions. Its wider protection is constrained to the determination of “civil rights and obligations” and the right to asylum is not considered a “civil right” within the context of Article 6 (1) ECHR. Therefore, asylum seekers whose applications for refugee status or humanitarian protection have been unsuccessful, including refugees whose leave to enter or remain has been revoked, are subject to removal under section 10 of the Immigration and Asylum Act 1999.’

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UK Constitutional Law Association, 24th February 2022

Source: ukconstitutionallaw.org

TikTok Has Banned Misgendering And Deadnaming – Each Other

Posted February 23rd, 2022 in equality, gender, human rights, internet, names, news, transgender persons by sally

‘TikTok has announced that it has updated its community guidelines to protect human rights by banning misgendering and deadnaming – referring to someone by a previous name.’

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Each Other, 22nd February 2022

Source: eachother.org.uk

Court of Appeal refuses permission to judicially review infected blood compensation scheme – UK Human Rights Blog

‘CN v Secretary of State for Health and Social Care [2022] EWCA Civ 86. In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis B was not discriminatory. In any event, the Secretary of State’s justification for who was to be compensated under the ex gratia Scheme was to be given a wide margin of appreciation by the courts.’

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UK Human Rights Blog, 21st February 2022

Source: ukhumanrightsblog.com

A question of standing – UK Human Rights Blog

‘This was an interesting ruling on the matter of standing, something that has fallen rather by the wayside since it formed the subject of much satellite litigation in the 1990s. In essence, the Court ruled that the GLP had no standing to bring this claim. Despite its articles of association, whose purposes include the provision of sound administration and equality, democracy, high standards in public administration, access to justice, preservation of the environment or “any other philanthropic or benevolent purpose ancillary”.’

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UK Human Rights Blog, 18th February 2022

Source: ukhumanrightsblog.com

Jack Ritchie inquest: Parents hope for gambling laws change – BBC News

‘The parents of a 24-year-old gambling addict hope an inquest into his death will speed up changes in betting laws.’

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BBC News, 20th February 2022

Source: www.bbc.co.uk

Security Services And Civil Liberties Groups Both Criticise Human Rights Act Overhaul – Each Other

‘The 580-page report of the Independent Human Rights Act Review (IHRAR) provides the backdrop to a series of oral evidence sessions now being held by parliament’s Joint Committee on Human Rights (JCHR). In that report, both security services and human rights charities have issued warnings to the government over proposed changes to the Human Rights Act.’

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Each Other, 17th February 2022

Source: eachother.org.uk

Making Misogyny A Hate Crime Is Long Overdue – Each Other

Posted February 14th, 2022 in equality, hate crime, human rights, news, sex discrimination, women by sally

‘Misogyny – the hatred of, aversion to, or prejudice against women – is becoming ever more common within our society, yet little is being done to tackle it effectively.’

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Each Other, 11th February 2022

Source: eachother.org.uk

Failure to remove’ claims: some further developments – Local Government Lawyer

‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Judge raps council after 13-year-old boy unlawfully deprived of his liberty for five months – Local Government Lawyer

Posted February 11th, 2022 in care orders, children, detention, families, family courts, human rights, local government, news by tracey

‘A Family Court judge has sharply criticised a local authority over its failure to seek the court’s authorisation of a deprivation of liberty (DoL) of a 13-year-old boy (AB).’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Human rights reform would leave former SC justice ‘very confused’ – Law Society’s Gazette

Posted February 10th, 2022 in human rights, news, precedent, Supreme Court by sally

‘Reforming human rights legislation to give priority consideration to domestic law could create uncertainty, a former Supreme Court justice has warned.’

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Law Society's Gazette, 9th February 2022

Source: www.lawgazette.co.uk

Supreme Court dismisses protestors’ appeal over PKK flag conviction – UK Human Rights Blog

‘Pwr v Director of Public Prosecutions [2022] UKSC 2. On 26 January 2022 the Supreme Court ruled that s.13(1) Terrorism Act 2000 (“TA 2000 “) is a strict liability offence and that, whilst it does interfere with Art.10 ECHR (freedom of expression), the interference is lawful, necessary and proportionate.’

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UK Human Rights Blog, 3rd February 2022

Source: ukhumanrightsblog.com

Would Removing Social Media Anonymity Protect Or Threaten Our Rights? – Each Other

‘As online abuse and disinformation become more commonplace, the debate over whether anonymity on social media protects people from harm or restricts their rights is heating up.’

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Each Other, 3rd February 2022

Source: eachother.org.uk

Sex Worker Wins Anonymity In Landmark Case – Each Other

Posted February 4th, 2022 in anonymity, banking, employment, equality, human rights, news, privacy, prostitution by sally

‘A member of United Sex Workers (USW), the union for sex workers, has been granted anonymity in her case against SumUp, a major card-payment machines provider. This is a significant win in a landmark case challenging financial discrimination against sex workers.’

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Each Other, 4th February 2022

Source: eachother.org.uk

Is “Perception-Based Recording” for hate crime compatible with freedom of speech? – UK Human Rights Blog

‘In R (Harry Miller) v The College of Policing [2021] EWCA Civ 1926, the Court of Appeal ruled that current police guidance on the recording of ‘hate incidents’ unlawfully interferes with the right to freedom of expression. The decision overturns a 2020 ruling by the High Court in which Mr Miller’s challenge to the lawfulness of the Hate Crime Operational Guidance was dismissed (discussed previously on this Blog here).’

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UK Human Rights Blog, 28th January 2022

Source: ukhumanrightsblog.com

Court of Protection case review – Local Government Lawyer

‘Lauren Gardner reports on some significant recent judgments in the Court of Protection.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

The Independent Human Rights Act Review and the government’s Bill of Rights – UK Human Rights Blog

Posted January 28th, 2022 in consultations, government departments, human rights, news by tracey

‘Do they have anything in common? Relatively little, says Nicola Barker, Professor of Law at the University of Liverpool.’

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UK Human Rights Blog, 24th January 2022

Source: ukhumanrightsblog.com

Activist deceived into relationship with Met officer wins £229,000 compensation – The Guardian

‘An environmental activist who was deceived into a two-year intimate relationship by an undercover police officer has been awarded £229,000 in compensation after winning a landmark legal case.’

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The Guardian, 25th January 2022

Source: www.theguardian.com

High court to hear claims Sarah Everard vigil ban breached human rights – The Guardian

‘Women’s rights activists are at the high court to argue that the police’s decision to ban a vigil for Sarah Everard in London was a breach of their human rights.’

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The Guardian, 19th January 2022

Source: www.theguardian.com

Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 3: An Assessment – UK Constitutional Law Association

Posted January 18th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘This post completes my analysis of the Government’s Proposals for reform of the Human Rights Act 1998, following Part 1 (outlining the proposals) and Part 2 (analysing the interaction with the common law, the UK Supreme Court, and the intention to sharpen the focus on fundamental rights).’

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UK Constitutional Law Association, 14th January 2022

Source: ukconstitutionallaw.org

Self-Employment Support Scheme appeal dismissed – UK Human Rights Blog

‘R. (on the application of Motherhood Plan) v HM Treasury [2021] EWCA Civ 1703. In a judgment handed down on 24 November 2021, the Court of Appeal dismissed an appeal concerning the lawfulness of the Self-Employment Income Support Scheme (“the Scheme”) which was introduced by the Government in April 2020 during the first lockdown as part of its response to the Covid-19 pandemic.’

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UK Human Rights Blog, 17th January 2022

Source: ukhumanrightsblog.com