As expected, last week’s Queen’s Speech included plans to reform libel law. This follows a concerted campaign to improve protection of the right to free expression and bring greater clarity to England’s libel law. But the question for those who wanted to see reform, now the Defamation Bill has been published, is whether the reforms [...]
Archive for the ‘Art. 8 | Right to Privacy/Family’ Category
Comment: How will the Defamation Bill protect free speech?
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Defamation / Libel, In the news, tagged Defamation Bill, free expression, libel reform, Queen's Speech on May 20, 2012 | 1 Comment »
Climate change human rights litigation: is it so radical? Nicola Peart
Posted in Art. 2 | Right to life, Art. 8 | Right to Privacy/Family, Environment, In the news, International on May 9, 2012 | 5 Comments »
In the UK there are at present no rights expressly cast in terms applicable to climate change, nor have our traditional human rights been extensively interpreted as covering climate change consequences. As David Hart QC identifies in his blog, Is climate change a human rights issue?, human rights principles, to be useful for climate change [...]
Should we outlaw genetic discrimination?
Posted in Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Discrimination, Employment, Features, In the news, Medical, Technology, tagged Discrimination, DNA, Equality Act, Equality Act 2010, freedom of information, genetic discrimination, genetics, health insurance, human rights, insurance, life insurance, Right to Privacy on May 9, 2012 | 2 Comments »
The late US law Professor Paul Miller reflected recently that Beethoven, Stephen Hawking and Elton John were examples of individuals whom, if they had been tested for serious genetic conditions at the start of their careers, may have been denied employment in the fields in which they later came to excel. Earlier this month the [...]
Refusal of child care leave to female prisoners was unlawful, rules High Court
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Criminal, Family, In the news, Prisons, tagged child protection, children's rights, Prisoners on April 16, 2012 |
MP, R(on the application of) v the Secretary of State for Justice [2012] EWHC 214 (Admin) – read judgment The prison authorities had acted unlawfully in restricting childcare resettlement leave to prisoners who were within two years of their release date and had been allocated to “open” conditions. Two female prisoners applied for judicial [...]
Man can be deported despite living in UK since age of three
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case comments, Case law, Case summaries, Criminal, Immigration/Extradition, International, Mental Health, tagged deportation, Family life, Private life on April 15, 2012 | 3 Comments »
Balogun v UK [2012] ECHR 614 - Read judgment It has been a week of victories for the UK government in deportation cases in the European Court of Human Rights. On the same day as the ECtHR found that Abu Hamza and four others could be extradited to the US on terrorism charges, it also rejected [...]
What’s so wrong with incest? The case of Stübing v Germany
Posted in Art. 8 | Right to Privacy/Family, Case comments, Criminal, European, Medical, tagged human rights on April 15, 2012 | 4 Comments »
Stübing v Germany (no. 43547/08), 12 April 2012 - Read judgment The European Court of Human Rights (fifth section) has ruled unanimously that Germany did not violate Article 8 of the European Convention on Human Rights (right to respect for private and family life) by convicting Patrick Stübing of incest Professor Jonathan Haidt, a well-known social psychologist, presented [...]
US press response to Abu Hamza extradition decision
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, European, Immigration/Extradition, In the news, Terrorism on April 11, 2012 | 3 Comments »
Waking up in New York this morning, I find the newspapers are much exercised by the recent decision of the Strasbourg Court to allow the extradition of certain terror suspects to the US, as discussed in Isabel McArdle’s post. The colourful New York Post declares unambiguously that “Thugs face Extradition” (April 11), following its banner [...]
The dangers of data snooping – Angela Patrick
Posted in Art. 10 | Freedom of Expression, Art. 8 | Right to Privacy/Family, Criminal, In the news, Police, Politics / Public Order, Technology, tagged Communications Data Bill 2008, data snooping, surveillance on April 6, 2012 | 6 Comments »
Civil liberties and the coalition have been happily filling the political pages this week. The damning conclusion of the Joint Committee on Human Rights that there is no evidence to justify expanding closed proceedings (expertly dissected by Rosalind English earlier in the week) vied for column inches with leaks that the Government planned to introduce [...]
All by myself: segregation, prisons and Article 6
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Prisons, tagged Prisoners, prisoners rights, right to a fair trial, segregation on March 30, 2012 |
Bourgass and others v Secretary of State for Justice [2012] EWCA Civ 376 Read decision The ability to interact with other prisoners is a major part of prison life, and not one many prisoners would give up willingly. But there are circumstances where prisoners have to be segregated from the rest of the prison population, [...]
Can a homosexual person adopt his or her partner’s child? The case of Gas and Dubois v France.
Posted in Art. 12 | Right to Marry / Found Family, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Children, Discrimination, Family, In the news, Poor reporting on March 29, 2012 | 2 Comments »
Gas and Dubois v France (2012) (application no 25951/07). Read judgment (in French). The French government did not violate articles 8 (right to respect for private and family life) and 14 ECHR (right not to be discriminated against in one’s enjoyment of Convention rights and freedoms) in not allowing one partner in a homosexual couple to [...]
Flooding claims from Vladivostok get to Strasbourg – and win
Posted in Art. 2 | Right to life, Art. 8 | Right to Privacy/Family, Article 1 | ECHR jurisdiction, Article 13 | Effective remedy, Case comments, Case law, Environment on March 27, 2012 |
Kolyadenko v. Russia EHCtR, 28 February 2012 This was the scene in the riverbed lying below a large reservoir near Vladivostok. There had been very heavy rain, causing the managers of the reservoir to let water through into that riverbed for fear that the reservoir might collapse. But the channel beneath was not exactly clear of obstructions, [...]
Compelling reasons but no need for truly drastic circumstances: second stage immigration appeals revisited
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Costs and Procedure, Immigration/Extradition, International on March 23, 2012 |
JD (Congo) and others v Secretary of State for the Home Department, Public Law Project [2012] EWCA Civ 327 The Court of Appeal has considered the test for granting permission at the second stage of appeal in immigration cases, when someone wishes to appeal from the Upper Tribunal to the Court of Appeal. The test [...]
The game changed back: Barr v. Biffa reversed
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case law, Environment, In the news, Public/Private on March 19, 2012 | 1 Comment »
Barr v. Biffa, CA, 19 March 2012, read judgment For the last year or so, the law of nuisance has been in a state of flux pending this appeal. In this case about an odorous landfill, Coulson J had ruled that compliance with the waste permit amounted to a defence to a claim in nuisance, [...]
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Recommended- Latest human rights developments in the UK: 21/5/2012 – 27/5/2012 - Law Think May 27, 2012
- UK Blawg Review #10 – Part 1 - May 27, 2012
- Can the UK suspend free movement? - Free Movement Blog May 27, 2012
- Prisoners’ votes: Ballot and chain | The Economist May 25, 2012THE vexed issue of voting rights for prisoners combines two of the Conservative Party’s main preoccupations: penal policy and the European Court of Human Rights (ECHR)...
- We must defy Strasbourg on prisoner votes - David Davis and Jack Straw, Telegraph May 24, 2012
- Sunlight is the best disinfectant: open justice and company law proceedings May 24, 2012
- Names and CVs of Candidate Judges for Eight Countries May 24, 2012
- UK to resist giving prisoners the vote despite European court ruling | Law | The Guardian May 23, 2012
- Case law
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012ECtHR Grand Chamber: automatic and indiscriminate disenfranchisement of prisoners unlawful but up to individual states how to implement changes were such a ban exist
- Dishonesty in entry clearance applications May 21, 2012An Upper Tribunal (UT) decision confirms that, where an application for entry clearance is “marred by dishonesty” – whether in the applicant’s knowledge or not and even where the applicant is presently eligible for entry – it is not a disproportionate response for the Home Secretary to refuse the application, even in light of Article 8
- 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.
- British Sky Broadcasting Ltd & Ors, R (on the application of) v Chelmsford Crown Court [2012] EWHC 1295 (Admin) (17 May 2012) May 17, 2012Sky, BBC, ITN etc. succeed in JR of decision by court to order production of 100+ hours of video footage to Essex Police of Dale Farm protesters: "... there were no reasonable grounds for believing that the footage of over 100 hours included material likely to be of substantial value to the investigation"
- Humphreys v Revenue and Customs [2012] UKSC 18 (16 May 2012) May 16, 2012Supreme Court: paying child tax credit to "main" care giver not discriminatory under art.14 ECHR to father caring for child 3 days per week. The specific test for justifying discrimination in the context of state benefits is that with questions of social and economic strategy the Court will generally respect the legislature’s policy choice unless i […]
- Hounga v Allen & Anor [2012] EWCA Civ 609 (15 May 2012) May 16, 2012Court of Appeal: Person knowingly working illegally cannot bring racial discrimination claim against "employers"
- SCOPPOLA v. ITALY (No. 3) - 126/05 [2012] ECHR 868 (22 May 2012) May 23, 2012
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UKHRB on Twitter
- Weekend catchup from Wessen Jazrawi- prisoner voting, Bratza's replacement and peaceful protest- human rights roundup ukhumanrightsblog.com/2012/05/27/pri… 3 hours ago
- #Prisonervotes is generating some strong and contrasting opinions- see Aitken v David and Straw: guardian.co.uk/commentisfree/… telegraph.co.uk/news/uknews/la… 2 days ago
- Fresh on the blog by Reuven Ziegler: the case for letting prisoners vote ukhumanrightsblog.com/2012/05/24/the… 2 days ago
- New from @rosalindenglish- police denied TV footage of Dale Farm evictions ukhumanrightsblog.com/2012/05/24/pol… 3 days ago
- Prisoner votes ruling continuing to have political repercussions guardian.co.uk/law/2012/may/2… #prisonervotes 3 days ago
- SC: for Art 6 compliance, cts can, in exceptional circumstances, extend period for filing and serving notice of appeal #extradition 3 days ago
Adam Wagner on Twitter
- RT @MsLods: UK: Barrister who called opposing lawyers "slimebags" on twitter struck off. telegraph.co.uk/news/uknews/la… (ping @journlaw) 32 minutes ago
- Is David Mitchell being serious or not? Human rights … or just an excuse for Strasbourg to tell Britain what to do? gu.com/p/37pfb/tw 2 hours ago
- Prisoner voting, Bratza's replacement and peaceful protest > this week's UK #humanrights roundup just posted wp.me/pJiO3-3Fb 2 hours ago
- It's here! @charonqc tells it as it is > UK Blawg Review #10 – Part 1 j.mp/JG8V4Y 6 hours ago
- Oh! Extraordinary goings on at Charles Taylor's war crimes trial... > More on the Removal of Judge Sow j.mp/LnNQH1 2 days ago
- RT @koldo_casla: One of the best pieces I´ve ever read on the case for letting prisoners vote - Reuven Ziegler wp.me/pJiO3-3F7 via ... 2 days ago
- Recent posts
- Prisoner voting, Bratza’s replacement and peaceful protest – The Human Rights Roundup May 27, 2012 Wessen Jazrawi
- The case for letting prisoners vote – Reuven Ziegler May 24, 2012 1 Crown Office Row
- Police denied TV footage of Dale Farm evictions May 24, 2012 Rosalind English
- Time extended for appeals under Extradition Act May 23, 2012 Rosalind English
- Why no public appointment hearings for UK’s new European Court of Human Rights judge? May 23, 2012 Adam Wagner
- Don’t rely on human rights in a dismissal claim May 22, 2012 Martin Downs
- European Court of Human Rights retreats but doesn’t surrender on prisoner votes May 22, 2012 Adam Wagner
- Pssst… no secret hearings in naturalisation cases May 22, 2012 Isabel McArdle
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Unlawful to refuse support for Portuguese with AIDS – Nearly Legal
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case comments, European, Housing, Medical, Social Care, tagged Health, medicine on May 15, 2012 | Leave a Comment »
De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) – Read judgment This was a judicial review of RBK&C’s refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment under s.47 of the National Health Service and Community [...]
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