UK Sanctions regime targets Human Rights abusers – Doughty Street Chambers

Posted July 10th, 2020 in chambers articles, human rights, news, sanctions by sally

The UK Foreign Secretary, Dominic Raab, has finally introduced a long awaited equivalent to the US Magnitsky Act.

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Doughty Street Chambers, 7th July 2020

Source: insights.doughtystreet.co.uk

High Court rules on preliminary issues in challenge relating to alleged UK involvement in torture – UK Human Rights Blog

‘In R (Reprieve & Ors) v Prime Minister [2020] EWHC 1695 (Admin), the High Court made a preliminary ruling that Article 6(1) of the ECHR does not apply to the forthcoming judicial review of the Government’s decision not to establish a public inquiry into allegations that the UK intelligence services were involved in the torture, mistreatment and rendition of detainees in the aftermath of 9/11. It was further held that the claimants are not entitled to the level of disclosure of open material outlined in SSHD v AF (No 3) [2009].’

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UK Human Rights Blog, 9th July 2020

Source: ukhumanrightsblog.com

Pubs, Pandemics and Privacy: 5 Things You Need To Know – Each Other

Posted July 9th, 2020 in coronavirus, data protection, human rights, licensing, news, privacy by sally

‘Hundreds of pubs across England have reopened their doors after months of lockdown – with a handful having to close again after punters reported testing positive for Covid-19.’

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Each Other, 8th July 2020

Source: eachother.org.uk

Lockdown challenge — permission refused – UK Human Rights Blog

‘Mr Justice Lewis has refused permission to bring a judicial review in what is arguably the most comprehensive and wide-reaching challenge brought to date to the legality of the lockdown Regulations and the decision to stop providing education on school premises (save for the children of key workers) in R (Dolan and Ors) v Secretary of State for Health and Social Care and Secretary of State for Education [2020] EWHC 1786 (Admin).’

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UK Human Rights Blog, 7th July 2020

Source: ukhumanrightsblog.com

Are “squalid” prison conditions and the response to the Covid-19 pandemic breaching human rights? – UK Human Rights Blog

‘The latest reports of HM Chief Inspector of Prisons and the Parliamentary Joint Committee on Human Rights lay bare the conditions in some British prisons.’

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UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

Supreme Court holds children’s hearings system is compatible with article 8 – UK Human Rights Blog

‘The Supreme Court recently dismissed two appeals concerning the role and rights of siblings in children’s hearings in Scotland. It held that the provisions of the Children’s Hearings (Scotland) Act 2011 in question were compatible with article 8 of the European Convention on Human Rights.’

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UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

Daniella Lock: The ‘Third Direction case’ Part One: Miller (Nos 1 and 2) in the National Security Context? – UK Constitutional Law Association

‘The ‘Third Direction case’, soon to be brought before the Court of Appeal, concerns the lawfulness of a previously secret national security policy of the UK Government. The policy authorises agents of the Security Service (MI5) to engage in criminal activity, which the claimants allege include the carrying out of torture and murder. Hearings on the case were held in November last year in the Investigatory Powers Tribunal (IPT), a specialist tribunal which adjudicates complaints on state surveillance and the conduct of the Security Services (MI5, MI6 and GCHQ). The IPT produced a judgment remarkably quickly, published in December.’

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UK Constitutional Law Association, 7th July 2020

Source: ukconstitutionallaw.org

Challenge to Lawfulness of “Lockdown” Regulations: Permission Refused – Coronavirus: Guidance for Lawyers and Businesses

Posted July 7th, 2020 in coronavirus, human rights, judicial review, news, regulations, ultra vires by sally

‘In the judgment today in Dolan & Ors v Secretary of State for Health And Social Care & Anor[2020] EWHC 1786 (Admin) Mr Justice Lewis refused permission to seek a judicial review of the Regulations made as a result of coronavirus. One specific issue has been deferred for later consideration.’

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Coronavirus: Guidance for Lawyers and Businesses, 6th July 2020

Source: lawinthetimeofcorona.wordpress.com

Religious services ban in England may have been illegal, judge rules – The Guardian

‘Banning religious services may have been illegal but other restrictions imposed by the government in England during the coronavirus lockdown were legitimate, a high court judge has ruled.’

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The Guardian, 6th July 2020

Source: www.theguardian.com

Dunn v FCO — the opening skirmishes – UK Human Rights Blog

‘In R (Dunn) v The Foreign Secretary and the Chief Constable of Northamptonshire [2020] EWHC 1620 (Admin) the Divisional Court dismissed two applications made in anticipation of the forthcoming rolled up judicial review arising out of the death of Harry Dunn.’

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UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

New UK law could challenge China over Hong Kong, but will it go far enough? – The Guardian

‘New UK human rights sanctions legislation set to be published in the next few weeks is being touted as a possible tool with which to confront Chinese officials over Hong Kong, but questions loom about whether the law’s range and impact can meet such high expectations.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Altruistic cell donation: Court of Protection – UK Human Rights Blog

‘How to determine “best interests” in the case of an adult lacking capacity, where a proposed medical donation for the benefit of a close relative may cause lasting harm to the donor?’

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UK Human Rights Blog, 2nd July 202

Source: ukhumanrightsblog.com

High court hears legal challenge to England’s lockdown restrictions – The Guardian

‘The government’s lockdown, which has closed schools, premises and companies while limiting free movement, is the “most sweeping and far-reaching” restriction on fundamental rights since the second world war, the high court has been told.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

5 Things You Should Know About Local Lockdowns – Each Other

‘Who decides whether my area needs to go into local lockdown? How will it be enforced? What is being done to protect the most vulnerable? These are a few of the questions on people’s minds after England’s first local lockdown came into force this week.’

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Each Other, 3rd July 2020

Source: eachother.org.uk

High court set to rule on humanist wedding recognition in England and Wales – The Guardian

‘Although the government was authorised by parliament to legally recognise humanist weddings in 2013, it has not done so. More than 6,000 couples who have gone through humanist ceremonies since then have faced a choice between having a second civil ceremony at a registry office or having no legal recognition of their marriage.’

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The Guardian, 1st July 2020

Source: www.theguardian.com

Simon Halliday, Jed Meers, and Joe Tomlinson: Public Attitudes on Compliance with COVID-19 Lockdown Restrictions (Part 2) – UK Constitutional Law Association

‘In March 2020, the government introduced a set of restrictions to ‘lockdown’ the UK in response to the COVID-19 pandemic, the central purpose of which is to protect public health by both containing the rate of infection and protecting the NHS’ capacity to treat a potential influx of COVID-19 patients. As part of our ongoing research on Law and Compliance during COVID-19, we have now undertaken two public opinion surveys to better understand public attitudes to the lockdown. We want to understand more about how people understand the rules, if they see themselves as compliant, what drives compliance, and how the rules relate to ordinary perceptions of rights.’

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UK Constitutional Law Association, 25th June 2020

Source: ukconstitutionallaw.org

Local Lockdown: England’s Uneven Path To Easing Coronavirus Restrictions – Each Other

Posted July 1st, 2020 in coronavirus, freedom of movement, human rights, news by sally

‘The UK government has introduced its first “local lockdown,” days before coronavirus restrictions in England were due to be further eased. As pubs, restaurants and hairdressers across much of the country prepare to re-open from 4 July, Leicester will endure stricter measures for at least another two weeks.’

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Each Other, 30th June 2020

Source: eachother.org.uk

Yossi Nehushtan and Megan Davidson: The UK 14-Day Quarantine Policy: Is Public Opinion a Relevant Consideration? – UK Constitutional Law Association

‘According to the government quarantine policy, that came into force on 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. Elsewhere we argued that the quarantine policy is irrational, unreasonable, disproportionate and therefore illegal. Here we argue that the policy was introduced mainly because of public opinion – and that public opinion in this case is an irrelevant consideration, one that should not have been taken into account by government.’

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UK Constitutional Law Association, 30th June 2020

Source: ukconstitutionallaw.org

Surrogacy and human rights — Anna Dannreuther – UK Human Rights Blog

‘In Re X (Parental Order: Death of Intended Parent Prior to Birth) [2020] EWFC 39 the Family Court read down section 54 of the Human Fertilisation and Embryology Act 2008 to enable a parental order to be granted where an intending parent died shortly before the child’s birth. This ensured the child’s Article 8 and 14 rights were protected, and prevented much emotional hardship for this family.’

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UK Human Rights Blog, 26th June 2020

Source: ukhumanrightsblog.com

UK could be breaking international law over cladding, says UN – The Guardian

‘The UN has warned Britain that its failure to strip combustible cladding from high-rise buildings containing tens of thousands homes may be a breach of international law.’

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The Guardian, 28th June 2020

Source: www.theguardian.com