On 25 January 2012 Justice Edwin Cameron, Justice of the Constitutional Court of South Africa, delivered an emotive and thoughtful talk entitled “What you can do with rights”. The Law Commission’s annual Lord Scarman Lecture covered apartheid, AIDS denialism, LGBT rights and delved into the essence of moral humanity. It was a lecture delivered with skill and fluency, [...]
Archive for the ‘International’ Category
What you can do with rights – Justice Edwin Cameron
Posted in Features, International, Lectures, tagged constitutional court of south africa, Justice Cameron, Law Commission, South Africa, systemic violence on February 7, 2012 | Comments Off
Aarhus and environmental judicial review: cracking legal costs per Jackson LJ
Posted in Costs and Procedure, Environment, European, Features, In the news, International on February 2, 2012 | Comments Off
In October 2011, I posted on an important consultation, Cost Protection for Litigants in Environmental Judicial Review Claims, in which the Ministry of Justice wheeled out its proposals to get it out of the various scrapes caused by the expense of environmental challenges. The Aarhus Convention requires that environmental challenges not be “prohibitively expensive”, and both the European [...]
Extradition of murder accused to US not breach of human rights
Posted in Art. 3 | Torture / Inhumane Treatment, Case law, Criminal, Immigration/Extradition, International, Prisons, tagged Harkins and Edwards on January 19, 2012 | 1 Comment »
HARKINS AND EDWARDS v. THE UNITED KINGDOM – 9146/07 [2012] ECHR 45 – Read judgment The European Court of Human Rights has found that there would be no breach of Article 3 ECHR (prohibition of inhuman and degrading treatment) in extraditing two men accused of murder to the US. The men argued that they face the death [...]
Everything’s free in America (copyrighted material not included)
Posted in Art. 5 | Right to Liberty, Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case law, Case summaries, Criminal, In the news, International, Technology, tagged Copyright, extradition act, Piracy, Richard O'Dwyer on January 18, 2012 | Comments Off
The Government of the United States of America -v- O’Dwyer, Westminster Magistrates’ Court – Read judgment It seems appropriate, on the day when Wikipedia shut down for 24 hours to protest against US anti-piracy legislation, to talk about piracy (in the copyright sense) and what role human rights law has to play in the perpetual battle [...]
UK loses 3 out of 4 European human rights cases? More like 1 in 50, actually
Posted in Bill of Rights, European, International, Poor reporting, tagged daily mail, European Court of Human Rights, legal naughty step on January 12, 2012 | 17 Comments »
It is rightly said that 95% of statistics are made up. Today’s Daily Mail front page headline contained a typically exuberant statistical claim: Europe’s war on British justice: UK loses three out of four human rights cases, damning report reveals. According to journalist James Slack “Unelected Euro judges” are mounting a “relentless attack on British [...]
EU Court upholds greenhouse gas scheme against US airlines challenge
Posted in Case law, Environment, European, In the news, International on January 2, 2012 | 4 Comments »
Case C-366/10 The Air Transport Association of America and Others, judgment of the CJEU, 21 December 2011 Opinion of Advocate-General Kokott, 6 October 2011 On 1 January 2012, the EU Emissions Trading Scheme started applying to airlines for real. So it was perhaps no coincidence that just before Christmas, and rather more speedily than usual, the EU Court [...]
Is the Attorney General right on prisoner votes and subsidiarity? – Dr Ed Bates
Posted in Article 13 | Effective remedy, European, In the news, International, Politics / Public Order, Protocol 1 Art. 3 | Free elections, tagged European Court of Human Rights on October 27, 2011 | 9 Comments »
In his speech earlier this week the Attorney General announced that he would appear in person before the Grand Chamber of the European Court of Human Rights in two weeks’ time, when it hears Scoppola v Italy No2, a case concerning prisoner voting. The United Kingdom is due to intervene in this case, for reasons [...]
Ministry of Justice on Aarhus and environmental judicial review: its get out of jail card?
Posted in Costs and Procedure, Environment, European, Features, In the news, International on October 22, 2011 | Comments Off
Cost Protection for Litigants in Environmental Judicial Review Claims In this consultation announced this week, the Ministry of Justice is trying to get itself out of the multiple Aarhus problems facing UK justice. Infraction proceedings are threatened in the EU Court, and adverse conclusions were reached by Aarhus Compliance Committee; all much posted about on this blog, for which see [...]
Why have a European Court of Human Rights? – Dr Ed Bates
Posted in European, In the news, International, Judges and Juries, tagged European Court of Human Rights, Strasbourg on October 13, 2011 | 26 Comments »
At last week’s Inner Temple hall event, ‘Strasbourg and the UK: Dialogue or Conflict’, Lord Justice Laws asked some provocative questions: why should judges decide matters of social policy [thrown up by human rights cases] at all? The political rights, Article 8 – 12, with the right set out in the first part and the [...]
Greenhouse gases 1, US airlines 0: but only half-time in Europe
Posted in Case law, Environment, European, In the news, International on October 10, 2011 | Comments Off
Case C-366/10 The Air Transport Association of America and Others, CJEU, 6 October 2011, Opinion of Advocate-General Kokott In a recent post on US climate change litigation, I said that, by contrast with the US Courts, there was relatively little such strategic litigation in the UK and the EU. But that all changes when the US lawyers [...]
Challenge to intelligence services guidance succeeds in part – Shaheen Rahman
Posted in Art. 3 | Torture / Inhumane Treatment, Case summaries, Criminal, International, Terrorism, tagged Equality and Human Rights Commission v Prime Minister & Ors [2011] EWHC 2401 (Admin) -, hooding on October 6, 2011 | Comments Off
Equality and Human Rights Commission v Prime Minister & Ors [2011] EWHC 2401 (Admin) – Read judgment A challenge to published guidance for intelligence officers interviewing detainees overseas has been partially successful. Mr Al Bazzouni and the EHRC argued that the guidance as to what officers should do if they suspect detainees might be subject [...]
There’s no place like home… if you have one
Posted in Features, Immigration/Extradition, In the news, International, tagged statelessness on August 25, 2011 | Comments Off
There are somewhere in the region on 12 million people worldwide who have no nationality. Being stateless can create enormous problems, from being unable to rely on diplomatic assistance to having no home country with an automatic right to return to. The risk to stateless of people of having their human rights breached to is great. [...]
Al-Skeini may open door to more war claims
Posted in Art. 2 | Right to life, Art. 3 | Torture / Inhumane Treatment, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case comments, European, International, tagged Al Skeini on August 15, 2011 | 2 Comments »
The recent European Court of Human Rights (ECtHR) judgment in Al-Skeini will certainly enter the Court’s hall of fame as a landmark judgment for pushing the boundaries of the European Convention on Human Rights’s jurisdiction. While it may take us some time to appreciate the full implications of this judgment, one of its possible consequences is the [...]
War, power and control: the problem of jurisdiction
Posted in Art. 2 | Right to life, Art. 5 | Right to Liberty, Article 1 | ECHR jurisdiction, Case comments, Case law, European, International, tagged Al Jedda, Al Skeini on July 14, 2011 | Comments Off
The decisions by the Grand Chamber of the European Court of Human Rights in Al-Skeini and Al-Jedda, handed down last Thursday, have generally been hailed as leap forward for human rights protection. We have already provided a summary of the decisions and pointed to some of the commentary here. However, it is worth considering the core [...]
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Recommended- Murder, Terrorism - two important cases February 23, 2012
- High Court upholds University Fees Regulations February 23, 2012
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Gove urged to clarify position on anti-gay texts in schools - PinkNews.co.uk February 22, 2012
- BBC - Law in Action, Legal aid changes: long overdue reform or denial of justice? February 22, 2012
- KENNEDY V IC AND CHARITY COMMISSION: COURT OF APPEAL DECIDES February 22, 2012
- Legal Blogging, by former UKHRB contributor Melina Padron February 21, 2012
- Kate Malleson: Taking the politics out of judicial appointments? February 21, 2012
- Case law
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Hurley & Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin) (17 February 2012) February 17, 20122 students fail in judicial review of tuition fee rises. Human rights (right to education under A2/P2) challenge failed outright; public law challenge failed despite finding that Sec of State "did not carry out the rigorous attention to" Public Sector Equality Duties
- Sugar v British Broadcasting Corporation & Anor [2012] UKSC 4 (15 February 2012) February 15, 2012Supreme Court: BBC need not disclsoe Israel-Palestine coverage bias report as it falls under the "journalistic material" exemption to the Freedom of Information Act
- HARDY AND MAILE v. THE UNITED KINGDOM - 31965/07 [2012] ECHR 261 (14 February 2012) February 14, 2012Strasbourg Art 8 challenge to construction of liquefied natural gas terminals in Milford Haven harbour fails
- Milind Manohar Sanade, Damion Harrison and Conroy Maurice Walker -v- The Secretary of State for The Home Department - Upper Tribunal February 10, 2012Upper Tribunal guidelines decision on human rights exceptions to automatic deportations of immigrants with spouse and young children
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012
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UKHRB on Twitter
- New post > Poor not singled out by rise in university fees, rules court http://t.co/BpK09xDL 8 hours ago
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- Had a really fun evening at @oxfordbarsoc's human rights question time. Most of the clashes were over death penalty (P Hitchins v @amicus) 18 hours ago
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- Recent posts
- Poor not singled out by rise in university fees, rules court February 22, 2012 Karwan Eskerie
- Crimes committed by victims of human trafficking – should they be prosecuted? February 22, 2012 Rosalind English
- Michael Gove’s full letter on homophobic teaching materials in schools February 22, 2012 Adam Wagner
- Keeping it controversial: Religion, deportation and open justice – The Human Rights Roundup February 20, 2012 Wessen Jazrawi
- Belgium bitten by Aarhus – again February 19, 2012 David Hart QC
- Is it legal to teach gay hate in schools? February 19, 2012 Adam Wagner
- Analysis | Court of Appeal upholds hotel gay discrimination ruling – Marina Wheeler February 19, 2012 1 Crown Office Row
- Former Top Judge hits back at current Top Judge February 17, 2012 Richard Mumford
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Please stow your rights in the overhead compartment
Posted in Case comments, Case law, Damages, Discrimination, European, Features, In the news, International, tagged air travel, compensation, passengers rights on February 9, 2012 | 3 Comments »
Stott v Thomas Cook Operators and British Airways Plc [2012] EWCA Civ 66 – read judgment If you need reminding of what it feels like when the candy-floss of human rights is abruptly snatched away, take a flight. Full body scanners and other security checks are nothing to the array of potential outrages awaiting passengers [...]
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