The Changing Face of the European Court of Human Rights: Public Lecture by Judge Paul Mahoney

Paul Mahoney European Court of Human rightsThursday 5 February 2015 marks the 800th anniversary of Magna Carta as well as the 50th anniversary of the School of Law at Queen Mary University of London. To commemorate both of these milestones, the Human Rights Collegium at Queen Mary University of London will be hosting this special event.

Paul Mahoney has been the UK judge on the European Court of Human Rights (Strasbourg) since November 2012. Before this, he spent the greater part of his career in the Registry of the Strasbourg Court, beginning as a case-lawyer in 1974 working on the case of Golder v. United Kingdom and ending as Registrar of the Court from 2001-05, with a three-year break in the 1990s as Head of Personnel of the Council of Europe (Strasbourg).

This event will be chaired by Professor Geraldine Van Bueren QC, and Lady Justice Arden will deliver the response.

The lecture will take place between 18.30 – 20.30 on Thursday 5 February at the Arts 2 Lecture Theatre, Queen Mary University of London, Mile End Road, London E1 4NS.

Book your tickets here.

HRC-ECtHR flyer

Nonagenarian unlawfully detained in care home for nearly two years

UnknownEssex County Council v RF and Others (deprivation of liberty and damages) [2015] EWCOP 1 – read judgment

The Court of Protection has castigated the actions of a County Council in depriving an old person of his liberty and dignity in their overreaction to reports that he might be subjected to financial exploitation. This, said the judge, amounted to punishing the victim for the acts of the perpetrators.

Factual background

The facts of this case can be summarised very shortly. P, a 91 year old gentleman, is a retired civil servant and WWII veteran, and until February 2013, has lived in his own home for fifty years. He has been alone with his companion cat since the death of his sister in 1998. He is described as being a very generous man ready to help others financially if he believed they needed it, as well as making donations to various charities. Continue reading

BBC News on anti-terrorism law and human rights

I took part in a debate on the BBC World News today on some of the anti-terrorism law proposals and the impact on human rights. We only covered one aspect of the raft of anti-terrorism laws which are currently making their way through Parliament – see Angela Patrick’s detailed post from last week, which is highly recommended.

You can watch the five-minute debate below.

Grime Rap ‘Gangbo’ appeal fails in High Court – Diarmuid Laffan

Photo credit: guardian.co.uk

Photo credit: guardian.co.uk

Chief Constable of the Greater Manchester Police v Scott Calder [2015] – judgment not yet available

Adam Wagner represented Scott Calder in this case. He is not the writer of this post.

The Greater Manchester Police (‘GMP’) have been unsuccessful in an attempt to obtain an Injunction to Prevent Gang-Related Violence (‘IPGV’ or ‘Gangbo‘) against Scott Calder. The application was based on police intelligence and the lyrics of Mr Calder’s YouTube Grime Rap videos. On 14 January 2015, Mr Justice Blake dismissed the GMP’s appeal to the High Court, and in doing so laid out guidance on the purpose and ambit of the IPGV legislation, which is currently being substantially amended by Parliament. 

The below is based on the Judge’s ex tempore judgment (i.e. given at the hearing). We will post the full judgment when it is available.

Continue reading

Male circumcision can be part of “reasonable parenting”, but no form of FGM is acceptable – Family Court

female-genital-mutilation-fgmB and G (Children) (No.2) [2015] EWFC 3 – read judgment

Contemplating the details of different forms of female genital mutilation is not for the faint hearted. But that is what the courts and the relevant experts have to do, not only to protected alleged victims but to defend the interests of those suspected of perpetuating the procedure, whether it is a question of criminal liability under the FGM Act 2003, or determining that a threshold of harm has been passed so as to initiate care proceedings if the victim is a child.

This case concerned the latter; although in the end the court was not satisfied that the evidence was sufficient to satisfy the “significant harm” requirement under the Children Act 1989, Sir James Munby P considered the case sufficiently important to explore the inclusion of FGM, and, more controversially, male circumcision, in the array of cultural and religious rituals that can trigger the state’s intervention in family life.

These were “deep waters” which the judge was “hesitant to enter”, yet, enter them he did, all the better for the clarification of this difficult issue in care proceedings. Continue reading

A worrying new anti-terror law is sneaking through Parliament – Angela Patrick

westminsterAs the world’s press and public stand vigil in support of Charlie Hebdo and the families of the victims of Wednesday’s attack, we wake this morning to reports that our security services are under pressure and seeking new powers. The spectre of the Communications Data Bill is again evoked. These reports mirror renewed commitments yesterday to new counter-terrorism measures for the EU and in France.

This blog has already covered the reaction to the shootings in Paris in some detail.   The spectrum of reaction has been about both defiance and fear. The need for effective counter-terrorism measures to protect us all, yet which recognise and preserve our commitment to the protection of fundamental rights is given a human face as people take to the streets to affirm a commitment to protect the right of us all to speak our mind, to ridicule and to lampoon, to offend and to criticise, without fear of oppression or violence.   It is against this backdrop that we might remember that UK Ministers are already in the process of asking Westminster to expand our already broad framework of counter-terrorism legislation.

Continue reading

Paris attacks show need to scrap Human Rights Act, says Tory MP with no understanding of the Human Rights Act

Screen Shot 2015-01-08 at 15.38.28I will keep this short. David Davies MP (not David Davis MP) has posted on his official blog that the Paris attacks show that the Human Rights Act should be repealed. His reasoning is spurious. He does not understand the law. He misrepresents the Human Rights Act. I will explain why below. But first, here is his post in full: Continue reading