Category: human rights

Jeff King: The Lockdown is Lawful: Part II – UK Constitutional Law Associaiton

Posted April 2nd, 2020 in constitutional law, coronavirus, emergency powers, freedom of movement, health, human rights, news, proportionality, statutory interpretation by sally

‘In the post published yesterday, I explained that under Part 2A of the Public Health (Control of Diseases) Act 1984, UK and Welsh ministers can make regulations to protect public health that can impose ‘special restrictions’ on persons, things and premises. They can impose such restrictions in the same way that Justices of the Peace may do against individuals and groups. However, there are four exceptions to that general rule (section 45D(3)). The general regulation-making powers cannot be used to force a person to (a) submit to medical examination; be (b) removed to or (c) detained in a hospital or similar establishment, or, and mostly notably, (d) ‘be kept in isolation or quarantine.’ The rationale for the exclusions seems to be that these highly invasive things must be done on a case-by-case (i.e. person or group) instead of community-wide basis.’

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UK Constitutional Law Association, 2nd April 2020

Source: ukconstitutionallaw.org

Application to end draconian UKOG injunction banning peaceful protest at oil sites in Surrey and Sussex – Garden Court Chambers

Posted April 1st, 2020 in chambers articles, climate change, demonstrations, energy, environmental protection, human rights, injunctions, news by sally

‘Lawyers for five peaceful protestors, supported by the Weald Action Group, have applied to the High Court to bring an end to an interim injunction against protest at oil sites in Surrey and Sussex in line with a new Court of Appeal ruling.’

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Garden Court Chambers, 1st April 2020

Source: www.gardencourtchambers.co.uk

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

Posted April 1st, 2020 in care homes, care orders, children, families, human rights, news, statutory interpretation by sally

‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’

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Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

Coroners’ Investigations, Inquests and COVID-19 – UK Human Rights Blog

Posted March 30th, 2020 in coronavirus, coroners, delay, health, health & safety, human rights, inquests, news by sally

‘The following post was written on the morning of 26 of March 2020. Today, 27th of March, the Chief Coroner brought out Guidance 35 on hearings during the pandemic (no. 35), with the proviso that all these issues will be kept under review.’

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UK Human Rights Blog, 26th March 2020

Source: ukhumanrightsblog.com

Article 8: Test for Family Life arising out of Foster Care is no different to that of “Birth Families” – UK Human Rights Blog

Posted March 26th, 2020 in appeals, asylum, children, families, fostering, human rights, immigration, news, trafficking in human beings by sally

‘On 12 March 2020 a unanimous Court of Appeal led by Sir Ernest Ryder (Senior President of the Tribunals), together with Lord Justice Bean and Lady Justice King, allowed the Appellant’s appeal against the First tier Tribunal (“FtT”) and Upper Tribunal (“UT”)’s decisions upholding the refusal of his application for leave to remain.’

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UK Human Rights Blog, 24th March 2020

Source: ukhumanrightsblog.com

What powers does “take such action as is necessary to enforce” give to police officers? – UK Police Law Blog

Posted March 26th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, health, human rights, interpretation, news, police, privacy by sally

‘The powers in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 allow a constable to “take such action as is necessary to enforce a premises closure or restriction”. The powers in theCoronavirus Act 2020, schedule 22 (formerly schedule 21 in the Bill) are to enforce a restriction or prohibition on gatherings or events and to close and restrict access to premises during a public health response period. Again, it will allow a constable to “take such action as is necessary to enforce such a restriction, prohibition or closure”. But what does the phrase, “take such action as is necessary to enforce …” mean?’

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UK Police Law Blog, 25th March 2020

Source: ukpolicelawblog.com

What The Coronavirus Bill Could Mean For Mental Health – Each Other

Posted March 26th, 2020 in bills, coronavirus, duty of care, emergency powers, human rights, local government, mental health, news, social services by sally

‘The UK government’s Emergency Coronavirus Bill paves the way for widespread changes to legislation that could potentially have an alarming impact on our human rights, especially in the area of mental health.’

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Each Other, 24th March 2020

Source: eachother.org.uk

High court rejects call to free 736 detainees at risk from coronavirus – The Guardian

Posted March 26th, 2020 in coronavirus, detention, government departments, health, health & safety, human rights, immigration, news by sally

‘The high court has rejected calls to free hundreds of immigration detainees who, lawyers and human rights activists say, are at risk from Covid-19 while behind bars.’

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The Guardian, 26th March 2020

Source: www.theguardian.com

Patient confidentiality – to breach or not to breach? – No. 5 Chambers

Posted March 25th, 2020 in chambers articles, confidentiality, damages, doctors, duty of care, families, health, human rights, negligence, news, pregnancy, psychiatric damage, third parties by sally

‘In 2007 C’s father (XX) killed his wife, C’s mother. He was made the subject of a hospital order. He was treated by D1’s multidisciplinary team. In 2009 his care was transferred to Dr O, a consultant forensic psychiatrist. C took part in family therapy sessions through D2. There was a suspicion that XX had Huntington’s disease but he refused to undergo genetic testing. He did not want C or her sister to know. His patient confidentiality was respected by D1 and D2. About this time C became pregnant. In 2013 C tested positive for Huntington’s. C was accidentally informed that XX had tested positive.’

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No. 5 Chambers, 10th March 2020

Source: www.no5.com

MS (Pakistan) v Secretary of State for the Home Department – Blackstone Chambers

Posted March 24th, 2020 in appeals, chambers articles, government departments, human rights, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘The Supreme Court has today [18 March] handed down an important judgment in the area of human trafficking and modern slavery.’

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Blackstone Chambers, 18th March 2020

Source: www.blackstonechambers.com

What does Manchester City’s Champions League ban have to do with human rights? – UK Human Rights Blog

Posted March 24th, 2020 in appeals, bias, disciplinary procedures, human rights, news, sport by sally

‘Last month European football’s governing body, UEFA, announced that English champions Manchester City had been fined 30 million Euros and banned from the Champions League – the most illustrious competition in European football. The Adjudicatory Chamber of UEFA’s Club Financial Control Body (CFCB) handed down a two-year ban on the basis that Man City had breached Financial Fair Play Regulations. The club have responded fiercely, complaining of a ‘prejudicial process’ and alleging that the case was ‘initiated by UEFA, prosecuted by UEFA and judged by UEFA.’ Against this background it is thought likely that City will rely on human rights arguments in their appeal to the Court of Arbitration for Sport (a somewhat ironic development in the view of some commentators given previous criticisms of the human rights records of the club’s backers).’

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UK Human Rights Blog, 23rd March 2020

Source: ukhumanrightsblog.com

Landmark Supreme Court judgment on state obligations under Article 4 ECHR to identify & protect victims of trafficking – Garden Court Chambers

Posted March 24th, 2020 in appeals, chambers articles, human rights, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘The Supreme Court has issued a landmark judgment regarding the scope of positive obligations of the state under Article 4 ECHR, to identify victims of trafficking and afford them protection, including immigration status, for their safety and recovery.’

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Garden Court Chambers, 18th March 2020

Source: www.gardencourtchambers.co.uk

UK has multiple social rights failings, finds Council of Europe – The Guardian

Posted March 24th, 2020 in human rights, news, reports, standards by sally

‘The UK’s low age of criminal responsibility, minimum pay rates for young teenagers and the failure to outlaw all forms of corporal punishment breach Council of Europe standards for social rights, according to its latest report.’

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The Guardian, 24th March 2020

Source: www.theguardian.com

Immigration Status of a Parent in an Application for a Child Arrangements Order by Lucy Coen – Broadway House Chambers

Posted March 23rd, 2020 in chambers articles, child arrangements orders, children, contact orders, families, human rights, immigration, news by sally

‘There can often be an interplay between family and immigration proceedings. This article seeks to give some guidance to family practitioners when the immigration status of a parent in contact proceedings is a live issue.’

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Broadway House Chambers, 19th March 2020

Source: broadwayhouse.co.uk

EP 105: Rights in a time of Quarantine – Niall Coghlan – Law Pod UK

Posted March 23rd, 2020 in coronavirus, freedom of movement, health, human rights, news by sally

‘Rosalind English discusses with biolaw expert Niall Coghlan the implications for human rights law of government measures to contain or mitigate COVID-19, focussing on the European Convention on Human Rights.’

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Law Pod UK, 20th March 2020

Source: audioboom.com

R (Christie Elan-Cane) v Secretary of State for the Home Department – Blackstone Chambers

Posted March 20th, 2020 in appeals, chambers articles, costs, documents, gender, government departments, human rights, news, passports by sally

‘The Court of Appeal has handed down judgment in an appeal brought by a non-gendered person, Christie Elan-Cane, challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female.’

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Blackstone Chambers, 10th March 2020

Source: www.blackstonechambers.com

The Corona Virus Bill and Human Rights – British Institute of Human Rights

Posted March 19th, 2020 in bills, coronavirus, human rights, news by sally

‘The UK, and the World, are facing a health crisis that we have not seen the likes of in over 100 years. This is a worrying time for many people and there is a need for governments to respond, including ours here in the UK. At times like these, when so many of us can find ourselves in an unfamiliar (or familiar) position of vulnerability, it is vital that we can be assured safety includes the protection of our dignity and not losing the rules of fairness and respect in the way power is used to respond to this situation. Recognising the need to protect everyone’s human dignity was, after all, born out of World War 2, one of the worst crises in modern history.’

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British Institute of Human Rights, 19th March 2020

Source: www.bihr.org.uk

New Judgment: MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9 – UKSC Blog

Posted March 19th, 2020 in appeals, asylum, Equality and Human Rights Commission, human rights, news, Supreme Court, trafficking in human beings by sally

‘MS’ application for asylum was rejected in August 2013 and the Secretary of State decided to remove MS from the UK. Appealing this decision to the FTT, on human rights grounds, the FTT had found that MS had been under compulsion and control but nonetheless dismissed the appeal. The UT then re-made the decision in view of errors of law by the FTT, finding in favour of MS. The UT observed that the decision of the National Referral Mechanism could only be challenged by judicial review proceedings, not through the immigration appeals system. However, the UT also held that if an NRM decision was perverse or otherwise contrary to some public law ground, the UT could make its own decision as to whether an individual was a victim of trafficking. Otherwise, the decision to remove him would be contrary to the European Convention on Action against Trafficking in Human Beings (‘ECAT’) and the European Convention on Human Rights (‘ECHR’).’

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UKSC Blog, 18th March 2020

Source: ukscblog.com

Will my hearing go ahead? Civil Procedure, Human Rights and the Coronavirus – Blackstone Chambers

Posted March 18th, 2020 in chambers articles, civil justice, civil procedure rules, coronavirus, courts, human rights, news by sally

‘In light of the COVID-19 outbreak and the protective measures which the UK government has introduced, litigators across the country are asking one burning question: will hearings go ahead, and if so how?’

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Blackstone Chambers, 18th March 2020

Source: www.blackstonechambers.com

Hostile Environment Immigration Policy ‘Undermining’ Coronavirus Response – Each Other

Posted March 18th, 2020 in coronavirus, health, human rights, immigration, medical treatment, news by sally

‘The government’s response to the coronavirus pandemic is being undermined by immigration policies which deter migrants from accessing healthcare, campaigners have warned.’

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Each Other, 17th March 2020

Source: eachother.org.uk