Category: human rights

Watering down children’s rights – Doughty Street Chambers

Posted June 5th, 2020 in adoption, care orders, children, coronavirus, families, fostering, human rights, local government, news by sally

‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

After Elgizouli: what does the judgment mean for mutual legal assistance? – 6KBW College Hill

Posted June 4th, 2020 in death penalty, EC law, human rights, news, Supreme Court by sally

‘In Elgizouli v Secretary of State for the Home Department [2020] UKSC 10, a seven-Justice Supreme Court held that the provision of material by way of mutual legal assistance to the US for the prosecution of Shafee El Sheikh and Alexanda Kotey, without obtaining an assurance that the evidence would not be used in a death penalty trial, was unlawful. The consequences of this judgment, both generally and specifically for Mr El Sheikh and Mr Kotey, are unknown. Where does it leave the provision to the US of further material in relation to these two individuals? In what circumstances could the UK government truly claim to be satisfied that the transfer would be lawful? Only a careful reading of this judgment can assist, and even then such assistance may be limited.’

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6KBW College Hill, 1st June 2020

Source: blog.6kbw.com

Implications for expulsions following the Supreme Court ruling of AM (Zimbabwe) – Garden Court Chambers

Posted June 4th, 2020 in appeals, government departments, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘Cases where applicants seek to resist removal from the UK because of adverse health consequences have given rise to both great passions and difficult points of principle. The decision of the Supreme Court in AM (Zimbabwe) [2020] UKSC 17 gave the opportunity for the UK’s approach to catch up with that taken by the ECtHR in recent years. In this post we look at the implications of the judgment both generally and in relation to two specific scenarios, namely destitution and “fitness to fly”.’

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Garden Court Chambers, 19th May 2020

Source: www.gardencourtchambers.co.uk

Coronavirus: Are protests legal amid lockdown? – BBC News

Posted June 4th, 2020 in coronavirus, demonstrations, freedom of expression, human rights, news, police, regulations by sally

‘Solidarity protests against the death of George Floyd in the US are continuing to take place in the UK – but are they actually legal given the coronavirus lockdown?’

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BBC News, 3rd June 2020

Source: www.bbc.co.uk

“The Law of Humanity”: Home Office no recourse to public funds policy ruled unlawful – UK Human Rights Blog

Posted June 4th, 2020 in children, homelessness, housing, human rights, ministers' powers and duties, news by sally

‘In this judgment on the Home Secretary’s “no recourse to public funds” (NRPF) policy, the Divisional Court of the Queen’s Bench Division has confirmed that it does, citing authority going back to the time of the poor laws.’

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UK Human Rights Blog, 3rd June 2020

Source: ukhumanrightsblog.com

Delays and duties and human rights – Nearly Legal

Posted June 4th, 2020 in delay, disabled persons, housing, human rights, judicial review, local government, news, statutory duty by sally

‘Mr I, his wife and child had been given the tenancy of a two bedroom flat on the eight floor of a block of flats in discharge of the council’s homeless duty to them in September 2017. In November 2017 Mr I was suddenly paralysed from the waist down. He could not leave his bedroom and a wheelchair could not be used in the flat. The council carried out Care Act 2014 assessments, which acknowledged that he had a clear need to move to a suitable property, ground floor with 3 bedrooms and in which a wheelchair could be used.’

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Nearly Legal, 3rd June 2020

Source: nearlylegal.co.uk

‘I lost my father to Covid-19. Now I’m taking legal action against the UK government’ – The Guardian

Posted June 4th, 2020 in coronavirus, elderly, health, human rights, ministers' powers and duties, news, statutory duty by sally

‘Dr Minesh Talati wants accountability not just for his father’s death, but the other coronavirus victims who didn’t need to die.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Family judge says trial should be held on diplomatic immunity legislation and incompatibility with European Convention on Human Rights – Local Government Lawyer

Posted June 4th, 2020 in children, declarations of incompatibility, diplomats, family courts, human rights, immunity, local government, news by sally

‘A trial should be held on the “virtually insoluble dilemma” between diplomatic immunity and local authorities’ child protection duties, Mr Justice Mostyn has ruled in the High Court Family Division.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

36 Emergency Powers Group Newsletter – The 36 Group

Posted June 3rd, 2020 in assault, burden of proof, chambers articles, coronavirus, emergency powers, freedom of movement, human rights, immigration, landlord & tenant, news by sally

‘1. Knowing Your R’s from Your Elbow: Wrongful Convictions in the Time of Coronavirus – Arthur Kendrick & Tom Parker
2. “Repugnant to Ordinary Notions of Fairness”? The Burden of Proof in the ‘Leaving Home’ Offence – Catherine Rose
3. Beyond the Emergency Legislation: Offences of Deliberate Infection – Michael Haggar
4. To Derogate or Not to Derogate: Are the Lockdown Restrictions Compatible with the European Convention on Human Rights? – Nadeem Holland
5. Landlord and Tenant Rights in the Pandemic – Karen Reid
6. Immigration Appeals in the Age of Corona – Tom Wilding’

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The 36 Group, 2nd June 2020

Source: 36group.co.uk

R (Susan Fisher) v Durham County Council [2020] – The Interface Between Statutory Nuisance and Disability Discrimination – Francis Taylor Building

Posted June 3rd, 2020 in chambers articles, disability discrimination, disabled persons, environmental health, equality, human rights, local government, news, noise, nuisance by sally

‘In his judgment in R (on the application of Susan Fisher) v. Durham County Council [2020] EWHC [2020] EWHC 1277 (Admin) handed down in the Leeds District Registry on 21 May 2020, Julian Knowles J. has dismissed a challenge brought by Susan Fisher, a woman with a neurological disorder which cases her to make involuntary sounds and noises, including words and phrases, against the decision of my client Durham County Council to serve her with a abatement notice under the Environmental Protection Act 1990 (“EPA 1990”).’

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Francis Taylor Building, 21st May 2020

Source: www.ftbchambers.co.uk

Supreme Court to rule on ‘paedophile hunters’ case – BBC News

Posted June 3rd, 2020 in appeals, child abuse, children, deceit, human rights, internet, news, police, privacy, prosecutions, sexual offences, Supreme Court by sally

‘A convicted paedophile who was snared by a vigilante group is to have his case examined at the UK Supreme Court.’

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BBC News, 3rd June 2020

Source: www.bbc.co.uk

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

Posted June 2nd, 2020 in armed forces, courts martial, equality, human rights, judicial review, news, prosecutions, rape by sally

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

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Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

C-19 damage: does international law hold any answers? – UK Human Rights Blog

Posted June 1st, 2020 in China, coronavirus, damages, human rights, international law, news by sally

‘What is international law for, if it cannot be enforced against the country responsible for breach? That is the question raised by a recent report documenting a series of steps by the Chinese Communist party to conceal from the World Health Organisation and the rest of the world the outbreak and human-to-human transmission of coronavirus. If we want a rules-based international order to mean anything, the authors of the report point out, it must be upheld.’

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UK Human Rights Blog, 1st June 2020

Source: ukhumanrightsblog.com

Privacy group prepares legal challenge to NHS test-and-trace scheme – The Guardian

Posted June 1st, 2020 in computer programs, coronavirus, data protection, government departments, human rights, news, privacy, time limits by sally

‘Privacy campaigners are preparing a legal challenge to the NHS’s coronavirus test-and-trace programme as concerns grow about the amount of contact data that will be collected and retained by government.’

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The Guardian, 31st May 2020

Source: www.theguardian.com

Article 6 applies to challenge to conditions imposed on suspected Al-Qaeda affiliate – an extended look – UK Human Rights Blog

Posted May 21st, 2020 in human rights, immigration, news, proscribed organisations, terrorism by sally

‘In a complicated but very important decision, the High Court has ruled as a preliminary issue that the procedural protections under Article 6 which require a person to be given sufficient information about the allegations against them so they can give effective instructions to their lawyers will apply to a challenge to conditions imposed by order on a man suspected to have affiliations to Al-Qaeda.’

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UK Human Rights Blog, 19th May 2020

Source: ukhumanrightsblog.com

School breached data protection and human rights, unlawfully misused personal information of Down’s Syndrome pupil and mother: High Court – Local Government Lawyer

Posted May 21st, 2020 in data protection, disabled persons, human rights, news, school children by sally

‘A primary school breached the Data Protection Act 1988 and Human Rights Act 1998 and unlawfully misused the personal information of a child with Down’s Syndrome and her mother, the High Court has ruled.’

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Local Government Lawyer, 18th May 2020

Source: www.localgovernmentlawyer.co.uk

Suspect under investigation has reasonable expectation of privacy, CoA rules – Law Society’s Gazette

Posted May 20th, 2020 in appeals, bribery, human rights, injunctions, media, news, privacy, public interest, reporting restrictions by sally

‘Individuals under investigation by law enforcement bodies have a reasonable expectation of privacy up to the point they are charged, the Court of Appeal has confirmed. Dismissing an appeal by a news agency barred from revealing the identity of a US businessman identified in documents concerning a bribery probe, the court ruled that the fact that an individual is the subject of a criminal investigation is genuinely of a different character from allegations about the conduct being investigated.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Unconvicted terrorism suspects face indefinite controls under UK bill – The Guardian

Posted May 20th, 2020 in bills, burden of proof, criminal justice, government departments, human rights, news, terrorism, terrorism prevention & investigation measures by sally

‘Terrorism suspects who have not been convicted of any offence face expanded and potentially never-ending measures to control their lives under proposed counter-terrorism laws unveiled by the UK government.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

A2P1 and Access to Education during Covid-19 – Monckton Chambers

Posted May 19th, 2020 in coronavirus, disability discrimination, education, human rights, local government, news, school children by sally

‘As the home-time bell rang on 20 March 2020, schools and other educational providers across the country closed their doors in response to the Covid-19 pandemic. The only pupils currently permitted to attend school are vulnerable children and the children of key workers. All children, however, continue to enjoy the right to education under Article 2 of the First Protocol (A2P1) of the European Convention on Human Rights (ECHR).’

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Monckton Chambers, 18th May 2020

Source: www.monckton.com

Public Funds Part 1: Public Funds and Coronavirus – Richmond Chambers

Posted May 18th, 2020 in benefits, chambers articles, coronavirus, government departments, human rights, immigration, news by sally

‘No Recourse to Public Funds (NRPF) is a condition imposed on an individual’s immigration status in the UK, which prevents them from accessing certain benefits and forms of support. This continues to cause concern and particularly more so now for those whose income has been impacted by the Covid-19 pandemic. This article will form part of a series of 3 articles on public funds and the recent developments in light of the Coronavirus outbreak.’

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Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk