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 [...]
Archive for the ‘Medical’ Category
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 »
When does an expert report constitute “independent evidence” of torture?
Posted in Art. 5 | Right to Liberty, Case comments, Immigration/Extradition, Medical, tagged asylum claim, evidence of torture, human rights, Torture on May 2, 2012 | 1 Comment »
R (on the application of AM) v Secretary of State for the Home Department [2012] EWCA Civ 521 - Read judgment Whether expert evidence relied upon by an asylum seeker amounted to “independent evidence” of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s [...]
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 [...]
“Thinking the unthinkable”? Freedom of information and the NHS Risk Register – Robin Hopkins
Posted in Art. 10 | Freedom of Expression, Case summaries, Freedom of Information, Medical, Politics / Public Order, tagged NHS Risk Register on April 16, 2012 | 1 Comment »
Department of Health v IC, Healey and Cecil(EA/2011/0286 & EA/2011/0287) - Read Decision In a recent post, Panopticon brought you, hot-off-the-press, the Tribunal’s decision in the much-publicised case involving publication, under Freedom of Information Law, of the NHS Risk Register. Somewhat less hot-off-the-press are my observations. This is a very important decision, both for its engagement [...]
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 [...]
GP’s rights not violated by suspension from performers list
Posted in Case summaries, Disciplinary Proceedings, Employment, Medical, Protocol 1 Art. 1 | Peaceful enjoyment of property, tagged Health on March 15, 2012 |
Malik v United Kingdom 23780/08 [2012] ECHR 438 (13 March 2012) - Read judgment The European Court of Human Rights held that the suspension of a GP from the Primary Care Trust (PCT) Performers List did not violate his right to peaceful enjoyment of possessions under Article 1 Protocol 1 (A1P1) of the European Convention on [...]
Catholic midwives must continue indirect role in abortions, despite human rights protections
Posted in Art. 9 | Thought/Conscience/Religion, Case law, Case summaries, Medical, Religion, Scotland, tagged abortion, human rights, Religion on March 6, 2012 | 8 Comments »
Mary Teresa Doogan & Concepta Wood [2012] CSOH 32 – Read judgment “For the want of a nail, the shoe was lost, for the want of a shoe the horse was lost, for the want of a horse, the rider was lost, for the want of a rider, the message was lost, for the want [...]
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. [...]
Analysis | Rabone and the rights to life of voluntary mental health patients – Part 2/2
Posted in Art. 2 | Right to life, Case comments, Inquests and Inquiries, Medical, Mental Health, tagged Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 on February 14, 2012 | 1 Comment »
This is the second of two blogs on the recent Supreme Court case of Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 . Part 1 is here. In my previous blog on the Supreme Court’s judgment in Rabone I discussed the central feature of the case, the extension of the operational [...]
Are lawyers in right-to-die cases breaking the law?
Posted in Art. 2 | Right to life, Art. 6 | Right to Fair Trial, Art. 9 | Thought/Conscience/Religion, Case summaries, Criminal, Disciplinary Proceedings, Medical, tagged assisting suicide, suicide act 1961 on January 31, 2012 |
Philip Havers QC of 1 Crown Office Row is representing Martin in the judicial review proceedings. He is not the author of this post. Albert Camus famously wrote: ‘there is but one truly serious philosophical problem and that is suicide.’ However profound a philosophical problem, the question of suicide or, more precisely, assisted suicide is proving quite [...]
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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) 34 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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