The Parliamentary Joint Committee on Human Rights (‘the Joint Committee’) has released its report on the Annual Renewal of Control Order Legislation 2010, in which it heavily criticised the control order scheme. The scheme, introduced in 2005, allows courts to put terror suspects under restrictions resembling house arrest by placing them under curfews of up [...]
Archive for March, 2010
Joint Committee on Human Rights calls for control order scheme to be discontinued
Posted in Art. 6 | Right to Fair Trial, Terrorism, tagged Control orders on March 31, 2010 |
Shadow Justice Secretary speaks to lawyers on “The State of Human Rights”
Posted in In the news, Politics / Public Order, tagged Bill of Rights on March 30, 2010 |
We have been following with interest the debate over the proposed “Bill of Rights” which all of the major parties are considering in some form. Dominic Grieve QC, the Shadow Justice Secretary, gave a speech last week to the Human Rights Lawyers Association which touched upon the Conservative Party’s proposals. Francis Klug wrote in The Guardian [...]
Education not recognised as a “civil right” under Convention due process rules
Posted in Art. 6 | Right to Fair Trial, Case summaries, Children, Education, Protocol 2 Art. 1 | Right to education on March 29, 2010 |
R (on the application of LG) (Appellant) v Independent Appeal Panel for Tom Hood School (Respondent) & Secretary of State for the Department for Children, Schools and Families (Interested Party) [2010] EWCA Civ 142 (Read judgment here) CA (Civ Div) (Rix LJ, Wilson LJ, Sir Scott Baker) February 26 2010 An exclusion hearing by a school [...]
Recent posts roundup
Posted in Blog news on March 29, 2010 |
European Court rejects UK pensioners’ top-up claim Joint Committee on Human Rights calls for control order scheme to be discontinued Sharper teeth for the European Court of Human Rights? European Commission warns the UK about unfair cost of challenging environmental decisions Not unlawful for a Roman Catholic adoption agency to reject same-sex couples Are civil partnerships compatible with human rights law? [...]
European Commission warns the UK about unfair cost of challenging environmental decisions
Posted in Costs and Procedure, Environment, In the news, tagged Access to justice, Arhuus Convention on March 28, 2010 |
The European Commission has sent an official warning letter to the UK regarding the prohibitive expense of challenging the legality of environmental decisions. The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention) was signed by the United Kingdom in 1998, and came into force [...]
European Court rejects UK pensioners’ top-up claim
Posted in Art. 14 | Anti-Discrimination, Case summaries, European, tagged Pensions on March 28, 2010 |
Carson and Others v The United Kingdom (Application no. 42184/05) The European Court of Human Rights has rejected a claim by British pensioners living abroad that their pension payments should be uplifted to take into account inflation. The case was supported by Pension Parity UK, a pressure group. The majority in the Court held that [...]
According to Alex Bailin QC and Alison Macdonald writing in The Guardian, the European Court of Human Rights will soon have much needed power to filter cases at an early stage, and therefore begin to clear its huge backlog of cases: Fortunately, in January a significant stalemate was broken when Russia finally ratified a six-year-old [...]
Recent case summaries
Posted in Case summaries on March 20, 2010 |
Not unlawful for a Roman Catholic adoption agency to reject same-sex couples (19 March 2010) Education not recognised as a “civil right” under Convention due process rules (12 March 2010) Exceptionally serious circumstances must be established to resist extradition order says Supreme Court (5 March 2010) EU Directive on Refugee status does not enhance asylum [...]
Not unlawful for a Roman Catholic adoption agency to reject same-sex couples
Posted in Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Case summaries on March 19, 2010 |
Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales (Equality and Human Rights Commission intervening) [2010] EWHC 520 (Ch) The High Court have found that a Roman Catholic adoption agency (Catholic Care) could rely on regulation 18 of the Equality Act (Sexual Orientation) Regulations 2007 in refusing same-sex couples adoption services. Read [...]
Are civil partnerships compatible with human rights law?
Posted in Art. 12 | Right to Marry / Found Family, Art. 8 | Right to Privacy/Family, Family, tagged Gay marriage on March 17, 2010 |
Baroness Deech, the Chair of the Bar Standards Board, has given the second lecture in her series on family law at Gresham College. In this lecture she questions whether the current law of marriage is compatible with human rights law. In particular, homosexual couples cannot legally marry, and hetrosexual couples are disbarred from entering civil partnerships. [...]
Does the Human Rights Act apply to the Battlefield?
Posted in Art. 2 | Right to life, Personal Injury on March 16, 2010 |
Colonel Richard Kemp, former Commander of British Forces in Afghanistan, has written in the Times that lawyers have no place on the battlefield. He said: “In the heat of battle, a commander can’t worry about the Human Rights Act. It would make war impossible” Read the full article here. Read our previous post on this [...]
Key armed forces case opens in the Supreme Court
Posted in Art. 2 | Right to life, In the news, tagged Armed forces on March 16, 2010 |
The case of R (on the application of Smith) (FC) (Respondent) v Secretary of State for Defence (Appellant) and another is being heard today in the Supreme Court. The Secretary of State is appealing the 2009 decision of the Court of Appeal: See our case comment from the Court of Appeal judgment. In short, the [...]
Recent posts roundup
Posted in Blog news, tagged Recent posts on March 16, 2010 |
Last week on the UK Human Rights Blog: Education not recognised as a “civil right” under Convention due process rules Have MI5 “inflicted a body blow on their own reputation”? Exceptionally serious circumstances must be established to resist extradition order says Supreme Court Should children be protected against giving evidence in court? Towards a UK Bill of Rights?
Have MI5 “inflicted a body blow on their own reputation”?
Posted in In the news, Terrorism on March 12, 2010 |
David Pannick QC says in an article in the Times that the controversy surrounding the Binyam Mohammed case has been a disaster for the security services and has highlighted the need for more effective supervision: The sorry saga of the Binyam Mohamed litigation has required the judiciary to strip away evasions and half-truths by the Security [...]
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Recommended- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012Supreme Court rules by 5-2 majority that Julian Assange must be extradited to Sweden. Definition of "judicial authority" is a wide one.
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- Case law
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- MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 (18 May 2012) May 18, 2012Secretary of State acted lawfully in not ordering independent inquiry into 2009 protest at Immigration Detention Centre. Challenge by children separated from parents during protest and claiming pschiatric damage as result.
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- Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012) May 30, 2012
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UKHRB on Twitter
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Disclaimer
Exceptionally serious circumstances must be established to resist extradition order says Supreme Court
Posted in Art. 8 | Right to Privacy/Family, Case comments, Immigration/Extradition on March 5, 2010 |
Norris v United States [2010] UKSC 9 SC (Lord Phillips, Lord Hope, Lord Rodger, Lady Hale, Lord Brown, Lord Mance, Lord Judge, Lord Collins, Lord Kerr) 24 February 2010 In determining whether interference with an individual’s right to a family life was justified to achieve the aim of extradition, the court should not consider whether [...]
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