Lord Neuberger, the Master of the Rolls, provided an interesting discussion on so-called “super injunctions” in a speech on 28 April 2010. He said that “Where justice is carried out in secret, away from public scrutiny, bad habits can develop. Even if they don’t develop, the impression may arise that they have done so.” Super [...]
Archive for April, 2010
Super injunctions, bad habits and secret justice [updated]
Posted in Art. 10 | Freedom of Expression, Defamation / Libel, In the news, Judges and Juries, tagged article 10, European Convention, freedom of speech, human rights, John Terry, Lord Neuberger, super injunction on April 30, 2010 |
High Court says Lord Carey “mistaken” on religious discrimination [updated]
Posted in Art. 6 | Right to Fair Trial, Art. 9 | Thought/Conscience/Religion, Case summaries, Employment, In the news, Religion, tagged employment law, Gary McFarlane, human rights, Lord Carey, religious discrimination on April 29, 2010 |
McFarlane v Relate Avon Ltd [2010] EWCA Civ B1 (29 April 2010) – Read judgment Gary McFarlane, a Christian relationship counsellor, has lost his application to appeal his Employment Appeal Tribunal decision in the High Court. Mr McFarlane was sacked by a marriage guidance service after he said he would not promote gay sex. He [...]
1688 Bill of Rights may protect Parliamentary expense scandal three
Posted in Art. 6 | Right to Fair Trial, Criminal, In the news, Politics / Public Order, tagged Bill of Rights, human rights, parliamentary expenses scandal on April 29, 2010 |
With all of the talk of the Conservative Party’s proposed new Bill of Rights, it is easy to forget that we have had one on the statute books since 1688. This will now be brought into sharp focus through the Parliamentary expenses scandal, where three ex-MPs are planning to use the 322-year old Act to [...]
Prisoners in psychiatric hospitals not entitled to equal benefits with other patients
Posted in Art. 14 | Anti-Discrimination, Case comments, Mental Health, Prisons, tagged human rights, Human Rights Act 1998, Mental Health, Prisoners, psychiatric hospitals on April 29, 2010 |
R (D and M) v Secretary of State for Work and Pensions; R (EM) v Secretary of State for Work and Pensions [2010] EWCA Civ 18 Read judgment With apologies, this post originally appeared with the wrong title The Court of Appeal has ruled on two linked challenges to the entitlement to welfare benefits of [...]
Three perspectives on the Bill of Rights
Posted in CONVENTION RIGHTS, In the news, Politics / Public Order, tagged Australia, Bill of Rights, human rights, JUSTICE on April 28, 2010 |
Three interesting press articles on proposals for a Bill of Rights: The Northern Irish perspective – Monica McWilliams, chief commissioner for Human Rights in Northern Ireland writes in The Guardian: “The Human Rights Act is central to the constitutional DNA of the UK. It underpins the devolution settlements while simultaneously elucidating the common values of [...]
Media privacy of severely disabled musical prodigy protected
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Mental Health, tagged A (BY HIS LITIGATION FRIEND THE OFFICIAL SOLICITOR) v INDEPENDENT NEWS & MEDIA LTD & ORS, Court of Protection, disability, Discrimination, human rights, Mental Capacity Act 2005, Mental Health on April 28, 2010 |
A (BY HIS LITIGATION FRIEND THE OFFICIAL SOLICITOR) v INDEPENDENT NEWS & MEDIA LTD & ORS [2010] EWCA Civ 343 – Read judgment This appeal was bought on behalf of a severely disabled adult (known as “A”), against the order of Hedley J of 19 November 2009 that the media should be granted access to [...]
European Court to discipline UK for smacking children [updated]
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Children, In the news, tagged Children, corporal punishment, Council of Europe, human rights, smacking on April 27, 2010 |
A number of newspapers reported yesterday that the Council of Europe, is to criticise the UK for failing to introduce a total ban on smacking children. The coverage splits along predictable lines, with the Daily Express and The Star both referring to “meddling” bureaucrats telling British parents what to do with their children. The foreshadowed comments [...]
More prisoners disenfranchised, this time in Austria
Posted in Art. 3 | Torture / Inhumane Treatment, Case summaries, Prisons, tagged European Court of Human Rights, Hirst v UK, human rights, Prisoners on April 27, 2010 |
Frodl v Austria (Application no. 20201/04) 8 April 2010 – Read judgment The European Court of Human Rights has taken another opportunity to criticise a European state for not allowing a prisoner, in this case convicted of murder, to vote. Prisoners will not be voting in the upcoming UK General Election, which may yet lead [...]
Feature | Freedom of expression, the American way
Posted in Animals, Art. 10 | Freedom of Expression, Features, tagged animal cruelty, article 10, free speech, Freedom of Expression, human rights, US Supreme Court on April 26, 2010 |
The UK Supreme Court Blog has posted on United States v Stevens, a US Supreme Court decision on animal cruelty videos, involving “freedom of expression in the extreme”. The decision provides for an interesting comparison with the approach to freedom of expression in the UK courts. If the Human Rights Act 1998 is replaced by [...]
Pilot accused of 9/11 plot entitled to compensation
Posted in Art. 6 | Right to Fair Trial, Criminal, In the news, Terrorism on April 26, 2010 |
Lotfi Raissi, a pilot accused of being one of the 9/11 plotters, has been told by the Ministry of Justice that he is entitled to compensation for the effect that the accusations have had on his life. The announcement comes 9 years after his prosecution began. Commentators have been scathing of the Government’s handling of [...]
You may have missed…
Posted in Blog news, tagged human rights, UK Human Rights Blog on April 24, 2010 |
UK Human Rights Blog posts from last week that you may have missed Case law Medical intervention without parental consent violated child’s and parents’ Article 8 rights says Strasbourg Court Judges should consider parents’ interests under Article 8 of the Convention before granting care orders Judge’s failure to warn jury over defendant’s silence did not [...]
President of the Supreme Court argues Human Rights Act is here to stay, perhaps [updated]
Posted in In the news, Politics / Public Order, tagged Bill of Rights, general election 2010, human rights, Human Rights Act 1998, Lord Phillips on April 23, 2010 |
Lord Phillips, the head of the Supreme Court, spoke to lawyers this week on the future of the Human Rights Act 1998, which the Conservative Party have threatened to repeal. He said that now that the Act is in place, it would be very difficult to imagine a court ignoring the rights enshrined by it, [...]
Judge’s failure to warn jury over defendant’s silence did not render trial unfair
Posted in Art. 6 | Right to Fair Trial, Case summaries, Criminal, Judges and Juries, tagged Adetoro v United Kingdom, Criminal, European Court of Human Rights, human rights, right to silence on April 23, 2010 |
Adetoro v United Kingdom (Application no. 46834/06, ECtHR) The European Court of Human Rights has ruled that there was no violation of of the European Convention on Human Rights when a man was convicted after the judge failed to direct a jury properly in relation to the Defendant’s silence in a police interview. Read judgment The [...]
Google steps up pressure on Government censorship
Posted in Art. 10 | Freedom of Expression, In the news, Technology, tagged China, freedom of information, Google, human rights on April 22, 2010 |
Google have announced the launch of a new Government Requests tool, which according to the Official Google Blog aims to “give people information about the requests for user data or content removal we receive from government agencies around the world.” According to the tool, the UK currently ranks number 2 in Europe for information removal [...]
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Disclaimer
Detention of mentally ill man was illegal
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case comments, Immigration/Extradition, Mental Health, tagged deportation, human rights, immigration, Mental illness on April 30, 2010 |
OM (ALGERIA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2010] EWHC 65 (Admin) – Read judgment The claimant’s detention pending deportation was unlawful where (1) the Secretary of State had failed to take account of the guidance on immigration detention, which indicated that the mentally ill were usually unsuitable for detention and (2) the [...]
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