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	<title>Comments for UK Human Rights Blog</title>
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	<link>http://ukhumanrightsblog.com</link>
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	<lastBuildDate>Tue, 21 May 2013 09:01:52 +0000</lastBuildDate>
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		<title>Comment on EU Law v Immigration Bill, Right to Die and Reform, Reform, Reform  &#8211; The Human Rights Roundup by ObiterJ</title>
		<link>http://ukhumanrightsblog.com/2013/05/19/eu-law-v-immigration-bill-right-to-die-and-reform-reform-reform-the-human-rights-roundup/comment-page-1/#comment-29385</link>
		<dc:creator><![CDATA[ObiterJ]]></dc:creator>
		<pubDate>Tue, 21 May 2013 09:01:52 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18499#comment-29385</guid>
		<description><![CDATA[An excellent roundup as ever and many thanks for the link 

Making deportation / extradition difficult on human rights grounds is right.  However, making it difficult to expel someone on the basis of EU free movement rules is another.  Reduced to basics, the EU treaties provide for freedom of movement but it is surely intended to apply to those who genuinely wish to seek honest work and not to protect those who refuse to abide by the laws of the receiving State. I believe that the EU ought to be taking a hard look at its position in this area and this could be done as part of process of the EU&#039;s accession to the E Conv HR.

I wondered if your blog might have picked up on some recent statements that juries have a limited time left given modern economics.  Jury trial is said to be massively more expensive than trials would be without them.  (An argument about which I am far from convinced).  I think that there is a &#039;power game&#039; afoot in some quarters.  The &#039;power&#039; rests with the jury and this is a mere reflection of the fact that power, in a democracy, should rest with the people.  The jury system requires the lawyers involved in a case to approach matters in a fair and objective way since, at the end of the trial, the decision rests with the jury and not with the lawyers/judge.]]></description>
		<content:encoded><![CDATA[<p>An excellent roundup as ever and many thanks for the link </p>
<p>Making deportation / extradition difficult on human rights grounds is right.  However, making it difficult to expel someone on the basis of EU free movement rules is another.  Reduced to basics, the EU treaties provide for freedom of movement but it is surely intended to apply to those who genuinely wish to seek honest work and not to protect those who refuse to abide by the laws of the receiving State. I believe that the EU ought to be taking a hard look at its position in this area and this could be done as part of process of the EU&#8217;s accession to the E Conv HR.</p>
<p>I wondered if your blog might have picked up on some recent statements that juries have a limited time left given modern economics.  Jury trial is said to be massively more expensive than trials would be without them.  (An argument about which I am far from convinced).  I think that there is a &#8216;power game&#8217; afoot in some quarters.  The &#8216;power&#8217; rests with the jury and this is a mere reflection of the fact that power, in a democracy, should rest with the people.  The jury system requires the lawyers involved in a case to approach matters in a fair and objective way since, at the end of the trial, the decision rests with the jury and not with the lawyers/judge.</p>
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		<title>Comment on EU Law v Immigration Bill, Right to Die and Reform, Reform, Reform  &#8211; The Human Rights Roundup by Lofthouse Jnr.</title>
		<link>http://ukhumanrightsblog.com/2013/05/19/eu-law-v-immigration-bill-right-to-die-and-reform-reform-reform-the-human-rights-roundup/comment-page-1/#comment-29359</link>
		<dc:creator><![CDATA[Lofthouse Jnr.]]></dc:creator>
		<pubDate>Mon, 20 May 2013 18:42:51 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18499#comment-29359</guid>
		<description><![CDATA[The Assisted Suicide Bill would appear to blow out life insurance payouts for widows and orphans - has anyone analyzed available UK policies in regard to this? Falconer&#039;s bill doesn&#039;t appear to have done so....could lead to spouses trying to block assisted suicides to safeguard children&#039;s interests...quite a mess.]]></description>
		<content:encoded><![CDATA[<p>The Assisted Suicide Bill would appear to blow out life insurance payouts for widows and orphans &#8211; has anyone analyzed available UK policies in regard to this? Falconer&#8217;s bill doesn&#8217;t appear to have done so&#8230;.could lead to spouses trying to block assisted suicides to safeguard children&#8217;s interests&#8230;quite a mess.</p>
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		<title>Comment on Myths and Realities about Equal Marriage by Christopher</title>
		<link>http://ukhumanrightsblog.com/2013/05/20/myths-and-realities-about-equal-marriage/comment-page-1/#comment-29355</link>
		<dc:creator><![CDATA[Christopher]]></dc:creator>
		<pubDate>Mon, 20 May 2013 17:55:22 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18512#comment-29355</guid>
		<description><![CDATA[&quot;It’s all a bit complicated&quot; - complex? ;-)  Surely Jon Holbrook hits the mark with &quot;The Civil Partnership Act 2004 has met the legitimate desire of lesbians and gays for an institution comparable to marriage. As Baroness Deech, an expert in family law, has noted, civil partnerships differ in law from marriage in only two respects: they can only be civil, never religious, and adultery is not a ground for dissolution. The first difference is rarely cited as problematic, but in so far as there are churches that want to preside over civil partnerships that could be achieved with modest legislative reform. The second difference, adultery, is a difference that remains in the new Marriage (Same Sex) Couples Bill. So the minor legal differences between civil partnerships and marriage provide no basis for the government’s gay marriage legislation. To all intents and purposes, civil partnership affords lesbians and gays equal treatment.&quot;
I accept that the Civil Partnership Act provides no meaningful ceremony of mutual committment: the Act should be amended.
This bill seems to me like a bill enacting that dromedaries will be called camels: you&#039;d still have one species with two humps and one with one! Respect is not shown by just calling something that is different the same as something else..]]></description>
		<content:encoded><![CDATA[<p>&#8220;It’s all a bit complicated&#8221; &#8211; complex? ;-)  Surely Jon Holbrook hits the mark with &#8220;The Civil Partnership Act 2004 has met the legitimate desire of lesbians and gays for an institution comparable to marriage. As Baroness Deech, an expert in family law, has noted, civil partnerships differ in law from marriage in only two respects: they can only be civil, never religious, and adultery is not a ground for dissolution. The first difference is rarely cited as problematic, but in so far as there are churches that want to preside over civil partnerships that could be achieved with modest legislative reform. The second difference, adultery, is a difference that remains in the new Marriage (Same Sex) Couples Bill. So the minor legal differences between civil partnerships and marriage provide no basis for the government’s gay marriage legislation. To all intents and purposes, civil partnership affords lesbians and gays equal treatment.&#8221;<br />
I accept that the Civil Partnership Act provides no meaningful ceremony of mutual committment: the Act should be amended.<br />
This bill seems to me like a bill enacting that dromedaries will be called camels: you&#8217;d still have one species with two humps and one with one! Respect is not shown by just calling something that is different the same as something else..</p>
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		<title>Comment on Myths and Realities about Equal Marriage by Jon Holbrook</title>
		<link>http://ukhumanrightsblog.com/2013/05/20/myths-and-realities-about-equal-marriage/comment-page-1/#comment-29346</link>
		<dc:creator><![CDATA[Jon Holbrook]]></dc:creator>
		<pubDate>Mon, 20 May 2013 13:33:33 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18512#comment-29346</guid>
		<description><![CDATA[In a Spiked article, Gay marriage and the tyranny of sameness, I have argued that equality is no longer a progressive demand but rather is used to demolish differences between people:

http://www.spiked-online.com/site/article/13630/]]></description>
		<content:encoded><![CDATA[<p>In a Spiked article, Gay marriage and the tyranny of sameness, I have argued that equality is no longer a progressive demand but rather is used to demolish differences between people:</p>
<p><a href="http://www.spiked-online.com/site/article/13630/" rel="nofollow">http://www.spiked-online.com/site/article/13630/</a></p>
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		<title>Comment on Myths and Realities about Equal Marriage by Andrew</title>
		<link>http://ukhumanrightsblog.com/2013/05/20/myths-and-realities-about-equal-marriage/comment-page-1/#comment-29344</link>
		<dc:creator><![CDATA[Andrew]]></dc:creator>
		<pubDate>Mon, 20 May 2013 11:48:12 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18512#comment-29344</guid>
		<description><![CDATA[Would it really, really hurt to allow existing Registrars of Marriage to say no? If not by a conscience clause then admininstratively? Islington sacked Ms Ladele, but other authorities found it possible so to allocate the work that nobody&#039;s conscience was forced. Is that not preferable?

After all: would you want to be married by a Registrar who, be s/he never so polite and professional, who thought you would roast in hell? 

Why is a Registrar&#039;s conscience worth less than that of a member of the clergy?]]></description>
		<content:encoded><![CDATA[<p>Would it really, really hurt to allow existing Registrars of Marriage to say no? If not by a conscience clause then admininstratively? Islington sacked Ms Ladele, but other authorities found it possible so to allocate the work that nobody&#8217;s conscience was forced. Is that not preferable?</p>
<p>After all: would you want to be married by a Registrar who, be s/he never so polite and professional, who thought you would roast in hell? </p>
<p>Why is a Registrar&#8217;s conscience worth less than that of a member of the clergy?</p>
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		<title>Comment on Apocalypse soon? The UK without the European Convention on Human Rights by maureenjenner</title>
		<link>http://ukhumanrightsblog.com/2013/05/17/apocalypse-soon-the-uk-without-the-european-convention-on-human-rights/comment-page-1/#comment-29343</link>
		<dc:creator><![CDATA[maureenjenner]]></dc:creator>
		<pubDate>Mon, 20 May 2013 11:36:59 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18468#comment-29343</guid>
		<description><![CDATA[One is left thinking about puppets on strings; only difference, one of them wears a crown.]]></description>
		<content:encoded><![CDATA[<p>One is left thinking about puppets on strings; only difference, one of them wears a crown.</p>
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		<title>Comment on Apocalypse soon? The UK without the European Convention on Human Rights by Adam Wheeler (@AnwaltRex)</title>
		<link>http://ukhumanrightsblog.com/2013/05/17/apocalypse-soon-the-uk-without-the-european-convention-on-human-rights/comment-page-1/#comment-29275</link>
		<dc:creator><![CDATA[Adam Wheeler (@AnwaltRex)]]></dc:creator>
		<pubDate>Sat, 18 May 2013 09:52:07 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18468#comment-29275</guid>
		<description><![CDATA[An interesting synopsis of the discussion, but it is a bit one-sided. There does not appear to have been anyone debating the flip side. So one is not sure how this conference of the like minded in fact contributed to the more general debate. And we do need to debate this topic, as there is real dissatisfaction among some elements of the population and a real prospect that this government might seek to either remove us from the Convention or take other steps to dilute it in some ways. The debate seems to have ignored the genuine concerns some have that in applying ECHR standards, judges place the rights of an individual above those of society and, moreover, act in a subservient manner not seen in other Council of Europe States. The other issue is whether it is right for issues touching upon our national security to be decided in Europe.

An academic discussion which fails to be debated with those representing popular concerns is, with all due respect, purely that, academic. 

If confidence is to be placed in the ECHR, there is a need for a proper, open discussion on this issue, with senior members of the profession and the judiciary addressing the concerns that people have. As it stands, one might be forgiven for thinking that the way the ECHR is currently interpreted (articles 6 and 8 in particular) is a long way from the original concepts when it was first drafted. 

I close with one final point: was the discussion saying that withdrawal from the ECHR, were it to happen, would mean the end of the application of human rights principles in the UK. Concepts such as that of a &quot;fair trial&quot; have existed in our law for many years and grown stronger. I fail to see that our Parliament and judges would not have developed them further, even in the absence of the Convention.]]></description>
		<content:encoded><![CDATA[<p>An interesting synopsis of the discussion, but it is a bit one-sided. There does not appear to have been anyone debating the flip side. So one is not sure how this conference of the like minded in fact contributed to the more general debate. And we do need to debate this topic, as there is real dissatisfaction among some elements of the population and a real prospect that this government might seek to either remove us from the Convention or take other steps to dilute it in some ways. The debate seems to have ignored the genuine concerns some have that in applying ECHR standards, judges place the rights of an individual above those of society and, moreover, act in a subservient manner not seen in other Council of Europe States. The other issue is whether it is right for issues touching upon our national security to be decided in Europe.</p>
<p>An academic discussion which fails to be debated with those representing popular concerns is, with all due respect, purely that, academic. </p>
<p>If confidence is to be placed in the ECHR, there is a need for a proper, open discussion on this issue, with senior members of the profession and the judiciary addressing the concerns that people have. As it stands, one might be forgiven for thinking that the way the ECHR is currently interpreted (articles 6 and 8 in particular) is a long way from the original concepts when it was first drafted. </p>
<p>I close with one final point: was the discussion saying that withdrawal from the ECHR, were it to happen, would mean the end of the application of human rights principles in the UK. Concepts such as that of a &#8220;fair trial&#8221; have existed in our law for many years and grown stronger. I fail to see that our Parliament and judges would not have developed them further, even in the absence of the Convention.</p>
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		<title>Comment on Apocalypse soon? The UK without the European Convention on Human Rights by peter oakes</title>
		<link>http://ukhumanrightsblog.com/2013/05/17/apocalypse-soon-the-uk-without-the-european-convention-on-human-rights/comment-page-1/#comment-29254</link>
		<dc:creator><![CDATA[peter oakes]]></dc:creator>
		<pubDate>Sat, 18 May 2013 04:24:24 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18468#comment-29254</guid>
		<description><![CDATA[There are No Human Rights in the UK in any case.  You get what the establishment decides !


The UK never committed or obligated the UK to  the European Convention of Human Rights.
ECHR

The UK deleted Article 1.   The very article that &quot;binds&quot; the establishment to uphold ECHR
and corrupt judges removed Article 13.  The Right to a remedy from the dishonest, fraudulent
British HRA  Human Rights Act.

The UK establishment describes Article 1. ( the most important article ) as &quot; Introductory &quot; a
downright lie if ever there was one!

Article 13. was removed to maintain  illegal control over HM Subjects denying them their Rights
as European Citizens

British citizens are &quot;secretly enslaved&quot; in a corrupted  monarchy  by  a treasonous freemason
led  and controlling legal mafia that operate in the  police, courts, civil service,,judiciary, lawyers, etc.etc. their &quot;Oath&quot; overcomes their required loyalty to the Sovereign they operate
in stealth, guile, deceit, treachery, and are very cunning !   Google: Gorsey Hey masonic home
to see how they steal from their brothers charities !

Just Google:  ECHR  European Convention of Human Rights  and then  google  The Human
Rights Act 2000   for confirmation of your status as a second rate European Citizen as a
subject of the Queen.   Sixty years of gross neglect has allowed this corrupt mafia to flourish!

The job of a monarch is to rule, not to reign ! for sixty years apathy has allowed corrupted
interest groups to infiltrate the Countries controlling civil services  allowing thefts, frauds,
persecution etc. etc. on a scale that is now unsustainable !  the country is bereft of direction
and purpose]]></description>
		<content:encoded><![CDATA[<p>There are No Human Rights in the UK in any case.  You get what the establishment decides !</p>
<p>The UK never committed or obligated the UK to  the European Convention of Human Rights.<br />
ECHR</p>
<p>The UK deleted Article 1.   The very article that &#8220;binds&#8221; the establishment to uphold ECHR<br />
and corrupt judges removed Article 13.  The Right to a remedy from the dishonest, fraudulent<br />
British HRA  Human Rights Act.</p>
<p>The UK establishment describes Article 1. ( the most important article ) as &#8221; Introductory &#8221; a<br />
downright lie if ever there was one!</p>
<p>Article 13. was removed to maintain  illegal control over HM Subjects denying them their Rights<br />
as European Citizens</p>
<p>British citizens are &#8220;secretly enslaved&#8221; in a corrupted  monarchy  by  a treasonous freemason<br />
led  and controlling legal mafia that operate in the  police, courts, civil service,,judiciary, lawyers, etc.etc. their &#8220;Oath&#8221; overcomes their required loyalty to the Sovereign they operate<br />
in stealth, guile, deceit, treachery, and are very cunning !   Google: Gorsey Hey masonic home<br />
to see how they steal from their brothers charities !</p>
<p>Just Google:  ECHR  European Convention of Human Rights  and then  google  The Human<br />
Rights Act 2000   for confirmation of your status as a second rate European Citizen as a<br />
subject of the Queen.   Sixty years of gross neglect has allowed this corrupt mafia to flourish!</p>
<p>The job of a monarch is to rule, not to reign ! for sixty years apathy has allowed corrupted<br />
interest groups to infiltrate the Countries controlling civil services  allowing thefts, frauds,<br />
persecution etc. etc. on a scale that is now unsustainable !  the country is bereft of direction<br />
and purpose</p>
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		<title>Comment on Apocalypse soon? The UK without the European Convention on Human Rights by r1xlxrose</title>
		<link>http://ukhumanrightsblog.com/2013/05/17/apocalypse-soon-the-uk-without-the-european-convention-on-human-rights/comment-page-1/#comment-29235</link>
		<dc:creator><![CDATA[r1xlxrose]]></dc:creator>
		<pubDate>Fri, 17 May 2013 19:08:57 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18468#comment-29235</guid>
		<description><![CDATA[Lithuania verdict can apply in uk?]]></description>
		<content:encoded><![CDATA[<p>Lithuania verdict can apply in uk?</p>
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		<title>Comment on Will the new criminal legal aid reforms breach the right to a fair trial? by Nathan Roberts</title>
		<link>http://ukhumanrightsblog.com/2013/05/16/will-the-new-criminal-legal-aid-reforms-breach-the-right-to-a-fair-trial/comment-page-1/#comment-29231</link>
		<dc:creator><![CDATA[Nathan Roberts]]></dc:creator>
		<pubDate>Fri, 17 May 2013 16:38:44 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18462#comment-29231</guid>
		<description><![CDATA[&quot;However, if the Coalition removes the existing limited choice and replaces it with Hobson’s choice, then there is a good argument that the new legal aid regime would be incompatible with Article 6(3)(c).&quot;

Agreed. I think, particularly more prominent when such a &quot;choice&quot; can be linked to a need for choice due to inequality of arms, or, to something inherent in the issues attributable to that particular client / defendant - a very well qualified prosecutor needing to be matched by a very well qualified defence counsel (perhaps in serious crime matters), or cases of various criminal issues / charges / indictments against the same person, which could be seen as a course of conduct which requires the same defence for consistency - where if not provided, could result in an unfair trial.

To rule &quot;choice&quot; out completely without having any particular provision for exceptions, would not be a good thing for the government. 

My layman view.]]></description>
		<content:encoded><![CDATA[<p>&#8220;However, if the Coalition removes the existing limited choice and replaces it with Hobson’s choice, then there is a good argument that the new legal aid regime would be incompatible with Article 6(3)(c).&#8221;</p>
<p>Agreed. I think, particularly more prominent when such a &#8220;choice&#8221; can be linked to a need for choice due to inequality of arms, or, to something inherent in the issues attributable to that particular client / defendant &#8211; a very well qualified prosecutor needing to be matched by a very well qualified defence counsel (perhaps in serious crime matters), or cases of various criminal issues / charges / indictments against the same person, which could be seen as a course of conduct which requires the same defence for consistency &#8211; where if not provided, could result in an unfair trial.</p>
<p>To rule &#8220;choice&#8221; out completely without having any particular provision for exceptions, would not be a good thing for the government. </p>
<p>My layman view.</p>
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		<title>Comment on Will the new criminal legal aid reforms breach the right to a fair trial? by georgy brown (@twitwilltell)</title>
		<link>http://ukhumanrightsblog.com/2013/05/16/will-the-new-criminal-legal-aid-reforms-breach-the-right-to-a-fair-trial/comment-page-1/#comment-29209</link>
		<dc:creator><![CDATA[georgy brown (@twitwilltell)]]></dc:creator>
		<pubDate>Thu, 16 May 2013 21:23:02 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18462#comment-29209</guid>
		<description><![CDATA[There is no mention of the Proceeds of Crime Act  which allows the Crown to remove the right of a defendant to use their own money  to pay for legal adice or assistance.   The State  has endless resources to pour into a prosecution  whilst the hapless Defendant  must rely on poor legal aid and reduce  his/her chance of sucess.  This causes server inequality of arms. To further reduce the Defendats choice is to leave the system open to even greater   abuse and widen the equality of arms gap]]></description>
		<content:encoded><![CDATA[<p>There is no mention of the Proceeds of Crime Act  which allows the Crown to remove the right of a defendant to use their own money  to pay for legal adice or assistance.   The State  has endless resources to pour into a prosecution  whilst the hapless Defendant  must rely on poor legal aid and reduce  his/her chance of sucess.  This causes server inequality of arms. To further reduce the Defendats choice is to leave the system open to even greater   abuse and widen the equality of arms gap</p>
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		<title>Comment on Will the new criminal legal aid reforms breach the right to a fair trial? by MA</title>
		<link>http://ukhumanrightsblog.com/2013/05/16/will-the-new-criminal-legal-aid-reforms-breach-the-right-to-a-fair-trial/comment-page-1/#comment-29208</link>
		<dc:creator><![CDATA[MA]]></dc:creator>
		<pubDate>Thu, 16 May 2013 21:19:03 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18462#comment-29208</guid>
		<description><![CDATA[SIDE ISSUE: re mistranslations of Law across Europe....Do you have any more examples where this has occurred please? They&#039;re using GoogleTranslators at the DWP now to keep costs down, and I wondered if the Austerity had hit the European Court Service too yet? 

31. Article 6(3)(c) guarantees three rights to a person charged with a criminal offence: to defend himself in person, to defend himself through legal assistance of his own choosing and, on certain conditions, to be given legal assistance free. To link the corresponding phrases together, the English text employs on each occasion the disjunctive “or”; the French text, on the other hand, utilises the equivalent – “ou” – only between the phrases enouncing the first and the second right; thereafter, it uses the conjunctive “et”. The “travaux préparatoires” contain hardly any explanation of this linguistic difference. They reveal solely that in the course of a final examination of the draft Convention, on the eve of its signature, a Committee of Experts made “a certain number of formal corrections and corrections of translation”, including the replacement of “and” by “or” in the English version of Article 6(3)(c) (Collected Edition of the “Travaux préparatoires”, vol. IV, p. 1010). Having regard to the object and purpose of this paragraph, which is designed to ensure effective protection of the rights of the defence, the French text here provides more reliable guidance.]]></description>
		<content:encoded><![CDATA[<p>SIDE ISSUE: re mistranslations of Law across Europe&#8230;.Do you have any more examples where this has occurred please? They&#8217;re using GoogleTranslators at the DWP now to keep costs down, and I wondered if the Austerity had hit the European Court Service too yet? </p>
<p>31. Article 6(3)(c) guarantees three rights to a person charged with a criminal offence: to defend himself in person, to defend himself through legal assistance of his own choosing and, on certain conditions, to be given legal assistance free. To link the corresponding phrases together, the English text employs on each occasion the disjunctive “or”; the French text, on the other hand, utilises the equivalent – “ou” – only between the phrases enouncing the first and the second right; thereafter, it uses the conjunctive “et”. The “travaux préparatoires” contain hardly any explanation of this linguistic difference. They reveal solely that in the course of a final examination of the draft Convention, on the eve of its signature, a Committee of Experts made “a certain number of formal corrections and corrections of translation”, including the replacement of “and” by “or” in the English version of Article 6(3)(c) (Collected Edition of the “Travaux préparatoires”, vol. IV, p. 1010). Having regard to the object and purpose of this paragraph, which is designed to ensure effective protection of the rights of the defence, the French text here provides more reliable guidance.</p>
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		<title>Comment on New Guide to Mental Health Advocacy and Human Rights by Mark Chambers</title>
		<link>http://ukhumanrightsblog.com/2013/05/15/new-guide-to-mental-health-advocacy-and-human-rights/comment-page-1/#comment-29203</link>
		<dc:creator><![CDATA[Mark Chambers]]></dc:creator>
		<pubDate>Thu, 16 May 2013 14:51:38 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18440#comment-29203</guid>
		<description><![CDATA[Adam your posting is for the better good of vulnerable people and their families and must take great credit in making this information easily available to the general public. The PDF attached is brilliant.
Top guy]]></description>
		<content:encoded><![CDATA[<p>Adam your posting is for the better good of vulnerable people and their families and must take great credit in making this information easily available to the general public. The PDF attached is brilliant.<br />
Top guy</p>
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		<title>Comment on &#8220;Is the test for capacity to cohabit the same as the test for capacity to marry?&#8221; by frednach</title>
		<link>http://ukhumanrightsblog.com/2013/05/09/is-the-test-for-capacity-to-cohabit-the-same-as-the-test-for-capacity-to-marry/comment-page-1/#comment-29099</link>
		<dc:creator><![CDATA[frednach]]></dc:creator>
		<pubDate>Sun, 12 May 2013 15:21:14 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18378#comment-29099</guid>
		<description><![CDATA[As I understand it, if two people have the capacity to marry, it is irrelevant whether they can have they capacity to co-habit for marriage is cohabitation. But I summise that the essential issue underlying this case is whether a party should be &#039;protected&#039; where s/he does not have the capacity to make a sound judgement at a time in future reflecting a change of circumstance calling their cohabitation into question. Of course, there should be protection precisely because the party does not have the mental capacity, and therefore pose a risk as to safety and well being. That aside, presumably in this case the state authorities would nonetheless complete risk assessment and care plan post release given the factual circumstances, but ultimately in the absence of any capacity issue, the parties must be permitted their choice as to whether to live together or otherwise, after all they have a right to family life whatever the prevailing circumstances or however unwise that might be with the parties exercising a choice where required as to separation, divorce or other wise such intervention by the state is clearly unjustified.]]></description>
		<content:encoded><![CDATA[<p>As I understand it, if two people have the capacity to marry, it is irrelevant whether they can have they capacity to co-habit for marriage is cohabitation. But I summise that the essential issue underlying this case is whether a party should be &#8216;protected&#8217; where s/he does not have the capacity to make a sound judgement at a time in future reflecting a change of circumstance calling their cohabitation into question. Of course, there should be protection precisely because the party does not have the mental capacity, and therefore pose a risk as to safety and well being. That aside, presumably in this case the state authorities would nonetheless complete risk assessment and care plan post release given the factual circumstances, but ultimately in the absence of any capacity issue, the parties must be permitted their choice as to whether to live together or otherwise, after all they have a right to family life whatever the prevailing circumstances or however unwise that might be with the parties exercising a choice where required as to separation, divorce or other wise such intervention by the state is clearly unjustified.</p>
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		<title>Comment on &#8220;Is the test for capacity to cohabit the same as the test for capacity to marry?&#8221; by maureenjenner</title>
		<link>http://ukhumanrightsblog.com/2013/05/09/is-the-test-for-capacity-to-cohabit-the-same-as-the-test-for-capacity-to-marry/comment-page-1/#comment-29096</link>
		<dc:creator><![CDATA[maureenjenner]]></dc:creator>
		<pubDate>Sun, 12 May 2013 11:11:09 +0000</pubDate>
		<guid isPermaLink="false">http://ukhumanrightsblog.com/?p=18378#comment-29096</guid>
		<description><![CDATA[We none of us know for sure, what the person we decide to live with is capable of. Marriage is an unknown quantity for all. Only when you live with a person do you get to know them in ALL their moods. If a person is considered able to commit to marriage, he/she should be allowed to exercise that freedom of will. In the case of the vulnerable, surely safeguards can be set in place to help when and where necessary, or have we descended completely into the black abyss of the police/nanny state where &#039;Big Brother&#039; knows best - like it or lump it?]]></description>
		<content:encoded><![CDATA[<p>We none of us know for sure, what the person we decide to live with is capable of. Marriage is an unknown quantity for all. Only when you live with a person do you get to know them in ALL their moods. If a person is considered able to commit to marriage, he/she should be allowed to exercise that freedom of will. In the case of the vulnerable, surely safeguards can be set in place to help when and where necessary, or have we descended completely into the black abyss of the police/nanny state where &#8216;Big Brother&#8217; knows best &#8211; like it or lump it?</p>
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