High Court challenge over Rwanda policy due to start – The Independent

‘A High Court challenge against the Government’s plan to deport some asylum seekers to Rwanda is set to begin.’

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The Independent, 5th September 2022

Source: www.independent.co.uk

What impact might the Bill of Rights have on freedom of expression cases? Part II – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In this second post, Godwin Busuttil explains how the proposed Bill of Rights would change how courts were required to interpret the scope of Convention rights in the freedom of expression context. The Bill if enacted would mean that UK courts no longer needed to take account of decisions of the European Court of Human Rights. UK courts would also be expected generally not to interpret Convention rights in a way that was more expansive than interpretations placed upon those rights by the European Court of Human Rights. However, they would be allowed to do so when this was to protect freedom of expression.’

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Constitutional Law Matters, 24th August 2022

Source: constitutionallawmatters.org

What impact might the Bill of Rights have on freedom of expression cases? Part I – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In the first of two posts, Godwin Busuttil, a barrister at 5RB specialising in media and communications law, sets out how the Bill of Rights Bill may change the law relating to freedom of expression. Convention rights can be used to protect freedom of speech by protecting journalists from having to reveal their sources. This helps to promote freedom of expression as it means journalists can print stories without concerns that legal action may be taken against their source – e.g. if they have leaked a story that is in the public interest – which in turn would risk such sources ‘drying up’.’

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Constitutional Law Matters, 23rd August 2022

Source: constitutionallawmatters.org

Employment, freedom of speech and Evangelical views on sexuality: Walters – Law & Religion UK

‘In Rev Keith Walters v The Active Learning Trust Ltd & Anor [2022] UKET 3324619/2019 the claimant, the minister of an independent Evangelical congregation, supported himself by working as full-time caretaker at the Isle of Ely Primary School [34]. When the dispute arose, the parties agreed that Mr Walters believed that his role as a minister took precedence over his employment and that there might be times when he would need to be released from school to fulfil his ministerial duties such as funerals [37]. The Trust, however, disputed his contention that it had been agreed that, so long as he was present at the start and end of the day, there was no issue with how he spent his time and, further, that he reserved his right to be “unequivocal in publicly stating the Christian doctrine on various issues, some of which may be unpopular” [38]. The ET accepted that there was an agreement to be flexible but did not accept that Mr Walters was either free to do what he wanted during work time or had carte blanche to make public statements against the school’s policies [39]. Further, he had agreed to the Trust’s policies and procedures, including the staff Code of Conduct [40 & 41].’

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Law & Religion UK, 29th August 2022

Source: lawandreligionuk.com

Rwanda asylum deal not legally binding: Law Society – Law Society’s Gazette

Posted August 30th, 2022 in asylum, foreign jurisdictions, human rights, Law Society, news by tracey

‘The UK “asylum partnership” with Rwanda is not legally binding, has not been scrutinised by parliament and does not protect the rights of asylum-seekers, the Law Society has said in evidence to the House of Lords on the memorandum of understanding (MoU) for the provision of an asylum arrangement.’

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Law Society's Gazette, 30th August 2022

Source: www.lawgazette.co.uk

Upper Tribunal Rejects Points-Based Approach to Article 8 Proportionality Assessment – EIN Blog

‘Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining effective immigration control by removing a foreign national to their country of origin.’

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EIN Blog, 23rd August 2022

Source: www.ein.org.uk

Local authority age assessments considered in R (HAM) v Brent LBC – UK Human Rights Blog

Posted August 23rd, 2022 in asylum, children, human rights, immigration, judicial review, local government, news by sally

‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’

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UK Human Rights Blog, 22nd August 2022

Source: ukhumanrightsblog.com

Transparently clunky – Local Government Lawyer

‘Alex Ruck Keene QC (Hon) analyses recent comments made by Mostyn J and transparency orders before the Court of Protection.’

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Local Government Lawyer, 19th August 2022

Source: www.localgovernmentlawyer.co.uk

Equalities and rights: Conflict and the need for clarity – Attorney General’s Office

Posted August 19th, 2022 in attorney general, equality, human rights, judiciary, speeches by tracey

‘Attorney General Suella Braverman spoke at Policy Exchange about equalities and human rights.’

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Attorney General’s Office, 10th August 2022

Source: www.gov.uk/ago

Bill of Rights: good or bad for human rights? – Law Society’s Gazette

Posted August 18th, 2022 in bills, brexit, government departments, human rights, news by sally

‘The Bill of Rights Bill (the Bill), if enacted, will repeal the Human Rights Act (the HRA) 1998.’

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Law Society's Gazette, 17th August 2022

Source: www.lawgazette.co.uk

“Sportswashing – Are Legal Remedies Available?” – Church Court Chambers

Posted August 18th, 2022 in arbitration, human rights, international courts, news, sport, United Nations by sally

‘The phrase ‘sportswashing’ is one that is used regularly in the press. So, what is it? There is no single definition and none that appears in the Oxford English dictionary. We can be bold and safely surmise that it is where a state uses sport to propel their reputation positively as a means to cover their poor human rights record.’

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Church Court Chambers, July 2022

Source: churchcourtchambers.co.uk

Sarah Everard vigil protester sues Met police after conviction – The Guardian

‘A woman who was arrested and charged after attending the vigil for Sarah Everard in Clapham last year has launched civil proceedings against the Metropolitan police.’

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The Guardian, 16th August 2022

Source: www.theguardian.com

UK must curb influence of European human rights rules, says Braverman – The Guardian

Posted August 11th, 2022 in attorney general, brexit, equality, human rights, news by sally

‘Ministers should “take radical action” to counter the influence of European human rights rules to curb a burgeoning industry of highly paid equalities officers touting bogus grievances, Suella Braverman, the UK government’s chief law officer, has argued.’

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The Guardian, 10th August 2022

Source: www.theguardian.com

Is The Northern Ireland Troubles Legacy Bill ‘Fatally’ Flawed? – Each Other

Posted August 10th, 2022 in bills, human rights, news, Northern Ireland, terrorism, unlawful killing by sally

‘Human rights and civil liberty groups have criticised the government’s proposals to grant an effective amnesty for crimes committed as part of the Troubles in Northern Ireland. The ‘Troubles’ is a term used to describe a period of conflict in Northern Ireland that lasted over 30 years, up until the Good Friday Agreement was signed in 1998. The Northern Ireland Troubles (Legacy and Reconciliation) Bill attempts to address more than 1,000 unsolved killings. Now, rights groups have said the Bill violates the UK’s human rights obligations.’

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Each Other, 10th August 2022

Source: eachother.org.uk

IVF Access To Widen After Discrimination Case – Each Other

‘Lesbians, bi women and some trans people will no longer have to pay more for IVF treatment after a landmark discrimination case. Lesbian couple Megan and Whitney Bacon-Evans launched a legal case showing that NHS England’s IVF policy discriminated against same-sex couples. Unlike heterosexual couples, some LGBTQ couples and single women have had to pay for artificial insemination to prove their fertility status before they can receive NHS help for IVF.’

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Each Other, 9th August 2022

Source: eachother.org.uk

Virginity Testing Is Made A Criminal Offence Across The UK – Each Other

Posted August 4th, 2022 in bills, child abuse, children, families, health, human rights, news, women by tracey

‘TRIGGER WARNING: Please note that this piece includes language and themes of child abuse, virginity testing and coercion that some may find triggering.

The government has made it illegal to carry out, offer or aid and abet virginity testing or hymenoplasty in any part of the UK under the Health and Care Act 2022. Virginity tests breach women’s and girls’ fundamental rights under the Human Rights Act 1998 (HRA), including the right to be free from torture and inhuman treatment and the right to private and family life.’

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Each Other, 3rd August 2022

Source: eachother.org.uk

Deportation: Supreme Court revisits Unduly Harsh and Very Compelling Circumstances Tests – EIN Blog

‘On 20 July 2022, the UK Supreme Court gave its judgment in the three joined appeals of HA (Iraq), RA (Iraq) and AA (Nigeria) [2022] UKSC 22. The full judgment can be found here. These were all deportation appeals decided by the Court of Appeal. The Court of Appeal found in favour of the three individuals and the Secretary of State, through the Home Office, appealed to the Supreme Court.’

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EIN Blog, 3rd August 2022

Source: www.ein.org.uk

Discrimination and Freedom of Belief in the Sex and Gender Debate – UK Human Rights Blog

‘We do not usually cover first-instance employment tribunal judgments on this blog, but two cases handed down in the last three weeks – Forstater v. CGD Europe and Bailey v. Stonewall Equality Ltd and Garden Court Chambers – have attracted so much attention that we feel an exception must be made. Both cases involved women with ‘gender critical’ beliefs who faced hostility in their workplaces after expressing them. Both succeeded in their claims of direct discrimination and victimisation on grounds of belief under the Equality Act 2010. Although neither of the cases sets a binding precedent for other courts or tribunals, they contain interesting legal analysis and comment about the importance of freedom of expression and freedom of belief in the context of work which is of wider significance.’

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UK Human Rights Blog, 3rd August 2022

Source: ukhumanrightsblog.com

Waiting Times for Ambulances Could Violate Your Right to Health – Each Other

Posted July 27th, 2022 in delay, health, hospitals, human rights, news by sally

‘Waiting times for ambulances in England rose last month, prompting concerns that the service is “under intense pressure”. New data from NHS England shows that patients calling ambulances for serious conditions, such as a suspected stroke, had to wait an average of 51 minutes, more than double the 18 minute standard set by the NHS. This increased by more than 11 minutes since the previous month. The most urgent calls for life-threatening illnesses or injuries, the average waiting time in June was nine minutes, more than two minutes longer than the standard set by the NHS.’

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Each Other, 26th July 2022

Source: eachother.org.uk

Edmund Robinson: Fumbling with interpretation – Clause 5 of the Bill of Rights and the positive obligations challenge – UK Constitutional Law Association

Posted July 27th, 2022 in bills, brexit, constitutional law, human rights, interpretation, news by sally

‘The ‘Bill of Rights Bill’, repealing and replacing the Human Rights Act, has already attracted significant criticism. This post focuses on clause 5, with which the government seeks to give effect to its previously expressed scepticism regarding ‘positive obligations’. These are duties on the authorities to take positive measures to protect individuals from human rights breaches, rather than merely refraining from breaching those rights with their own actions. The obligation to protect those suffering domestic violence is such an obligation.’

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UK Constitutional Law Association, 27th July 2022

Source: ukconstitutionallaw.org