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 [...]
Archive for the ‘Children’ Category
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 »
Legal aid: Government backs down on clinical negligence and domestic violence
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Children, Discrimination, Family, In the news, Medical, tagged legal aid on March 1, 2012 | 4 Comments »
The Ministry of Justice has proposed two important amendments to the Legal Aid, Punishment of Offenders and Sentencing Bill. As has been predicted for a number of months, the proposals will bring a limited number of clinical negligence claims and claims arising as a result of domestic violence back within the scope of legal aid. [...]
Is it legal to teach gay hate in schools?
Posted in Art. 10 | Freedom of Expression, Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Children, Discrimination, Education, In the news, Religion, tagged Equality Act, michael gove, roman catholic schools on February 19, 2012 | 8 Comments »
Updated, 20 Feb 2012 | Following the news recently it would seem that the UK is convulsed by a raging battle between religious observers and, in the words of Baroness Warsi, militant secularists. On the same day, the High Court ruled that Christian prayers held before a council meeting were unlawful, and the Court of Appeal [...]
The importance of children in automatic deportation cases
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Children, Immigration/Extradition, tagged deportation cases on February 13, 2012 |
Sanade, Harrison & Walker v Secretary of State for the Home Department [2012] UKUT 00048(IAC) – Read judgment. This case concerns the application of human rights exceptions to the deportation of individuals who were married to British citizens or who had British children. The Upper Tribunal (Immigration and Asylum Chamber) (the “Tribunal”) noted that in [...]
No deportation for Abu Qatada, but where are we now on torture evidence? – Professor Adam Tomkins
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Case comments, Children, European, Terrorism, tagged abu qatada, European Court of Human Rights, immigration appeals on January 19, 2012 | 1 Comment »
OTHMAN (ABU QATADA) v. THE UNITED KINGDOM – 8139/09 [2012] ECHR 56 – Read judgment - updated (7/2/2012): Abu Qatada is expected to be released from Long Lartin maximum security jail within days. the special immigration appeals commission (Siac) ruled on Monday that Qatada should be freed, despite the Home Office saying he continued to pose a [...]
Youth restraint challenge rejected by High Court
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, Children, In the news, Poor reporting, Prisons, tagged Access to justice, Standing on January 16, 2012 | 1 Comment »
The Children’s Rights Alliance for England (CRAE) v Secretary of State for Justice and G4S Care and Justice Services (UK) Ltd and Serco plc [2012] EWHC 8 (Admin) – read judgment Although certain restraining measures had been taken unlawfully against young people in secure training centres for a number of years, the court had no jurisdiction [...]
Successful challenge to library closures: lip service not enough for equality duties
Posted in Art. 14 | Anti-Discrimination, Case summaries, Children, Spending cuts on November 24, 2011 | 1 Comment »
R (Green and others) v GLOUCESTERSHIRE COUNTY COUNCIL & SOMERSET COUNTY COUNCIL [2011] EWHC 2687 (Admin) – Read judgment In the administrative court, the decisions of two local authorities to withdraw funding for library services were held to be unlawful. The court held that the withdrawal of a local library might indirectly discriminate against people [...]
Bishop can be vicariously liable for priest’s sex abuse, rules High Court
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case summaries, Children, Criminal, Damages, Religion, tagged Priest, sex abuse on November 9, 2011 | 8 Comments »
JGE v The English Province of Our Lady of Charity & Anor [2011] EWHC 2871 (QB) (08 November 2011) - Read judgment Elizabeth Anne-Gumbel QC and Justin Levinson of One Crown Office Row acted for the Claimant in this case. They did not write this post. A Roman Catholic diocese can be held liable for the [...]
More cuts: Library closure challenge fails
Posted in Case comments, Children, Education, Politics / Public Order, Protocol 2 Art. 1 | Right to education, Spending cuts, tagged libraries closure, spending cuts on October 20, 2011 | 4 Comments »
Updated | Bailey & Others v London Borough of Brent Council [2011] EWHC 2572 (Admin) – Read judgment Every Wednesday my daughter looks forward to the arrival of the mobile library at her nursery. Two by two the children go into the little world of books and emerge holding a new story they have chosen for [...]
Court of Appeal upholds 7 of 10 riot sentences, including Facebook cases – Obiter J
Posted in Art. 6 | Right to Fair Trial, Children, Criminal, In the news, Technology, tagged riots on October 18, 2011 | 4 Comments »
R v Blackshaw and others [2011] EWCA Crim 2312 – Read judgments / press summary The Court of Appeal (Criminal Division) has issued judgment in relation to ten appeals against sentences imposed for convictions arising from the August disorder. On 20th August, in a post related to the August disorder, Law and Lawyers looked at [...]
Lord Justice Wall lays down law on family court privacy
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Children, Family, In the news, Poor reporting on September 20, 2011 | 16 Comments »
Doncaster Metropolitan Borough Council v Watson [2011] EWHC 2376 (Fam) (01 September 2011) – Read judgment Sir Nicholas Wall, the President of the Family Division, has suspended a nine-month prison sentence for contempt of court given to Elizabeth Watson, a “private investigator” who published online sex abuse allegations which had been rejected by a series [...]
President of Family Division’s press release on paedophile allegations case
Posted in Art. 6 | Right to Fair Trial, Children, Family, Freedom of Information, In the news on August 25, 2011 | 12 Comments »
With thanks to the Judicial Press Office, below is the full press release from the President of the Family Division in a case involving a “super injunction”, John Hemming MP, false allegations of pedophilia and some poor press reporting. I will blog about this once the full rulings are released, but in the meantime see [...]
Full internet ban for sex offenders ruled unlawful
Posted in Art. 8 | Right to Privacy/Family, Case law, Case summaries, Children, Criminal, In the news, Technology on August 12, 2011 | 2 Comments »
Regina v Smith & Others [2011] EWCA Crim 1772 Read Judgment In a detailed judgment, the Court of Appeal has emphasised the importance of a sentencing court considering whether making a Sexual Offences Prevention Order is necessary and, if so, tightly drafting its terms to be proportionate and not oppressive. The Court of Appeal (Criminal [...]
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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) 33 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
Disclaimer
Consultation on children’s heart surgery was lawful, rules Court of Appeal
Posted in BLOG POSTS, Case comments, Case law, Case summaries, Children, Medical, Spending cuts, tagged Health, R (on the application of) v Joint Committee of Primary Care Trusts & Anor [2012] EWCA Civ 472, Royal Brompton and Harefield NHS Foundation Trust on April 25, 2012 |
Royal Brompton and Harefield NHS Foundation Trust, R (on the application of) v Joint Committee of Primary Care Trusts & Anor [2012] EWCA Civ 472 - Read judgment. Marina Wheeler of 1 Crown Office Row appeared for the successful Appellant in this case. She is not the author of this post When is reorganisation of healthcare [...]
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