UK Human Rights Blog 2013 in review

Happy new year UKHRBWhat a year! As the UK Human Rights Blog approaches 2,000 posts and three million hits since its launch in March 2010, below is a link to a summary of the year in stats. No great surprises as to the most popular posts, which track the most controversial issues in human rights.

The main thing to report is that the blog remains extremely popular, with almost 1.2 million hits in 2013 alone, as well as tens of thousands of regular readers and subscribers. Thank you to the contribution of all of our bloggers, both from 1 Crown Office Row (particularly the indefatigable Rosalind English and David Hart QC) and elsewhere, to our wonderful rounder uppers (Daniel Isenberg, Sarina Kidd and Celia Rooney) and to our fantastic commenters who keep us on our toes all over social media.

This year has been the toughest yet for me in keeping the blog ticking along at the pace you are all used to (I have another full time job – being a barrister), but thankfully I have just about managed it. Unfortunately, this has meant I haven’t been able to post as much as I like but I continue to be very proud of the blog’s achievements and influence.

In light of the Conservative Party’s impending plans for human rights reform (which, as was pointed out by Neil Crowther on Twitter, looked to be tracking Dominic Raab’s 2010 blueprint and 2012 bill pretty closely), 2014 is likely to be another interesting year. As always, thanks to our still rather shiny Human Rights Act, there will be plenty of fascinating decisions from our courts too.

All the best and happy new year to all.

Click here to see the complete end of year report.

Australian judge lays down gauntlet for the angels of human rights

PrintJ.D. Heydon: Are Bills of Rights necessary in common law systems?   – read lecture

Former Australian High Court Justice Heydon’s thought-provoking speech questioning the efficacy and indeed the very merits of the Human Rights Act deserves reading in full, but the following summary highlights its main features and should encourage readers to immerse themselves in the lecture.

Proponents of human rights instruments urge their necessity on society because they gesture toward a morality more capacious than the morality of our tribe, or association, or nationality. The forum of human rights is one in which our allegiances are not to persons or to wished-for outcomes but to abstract norms that are indifferent to those outcomes. That is why the Human Rights Act has around it what Heydon calls an “aura of virtue” that would make its repeal extremely difficult from a political point of view, even though it is legally and practically possible. Continue reading

No obligation enforceable within the UK to oblige government to comply with Strasbourg

Strasbourg_ECHR-300x297Navarathnam v Secretary of State for the Home Department [2013] EWHC 2383 (QB) – read judgment

There was no unfairness in the Secretary of State for the Home Department refusing a Sri Lankan asylum seeker leave to remain in the United Kingdom, despite the ruling from the Strasbourg court that to return him would violate his rights under Article 3 of the European Convention on Human Rights 1950.

A decision had been made to grant the applicant six months discretionary leave to remain but he had absconded before it could be implemented, and by the time he resurfaced the secretary of state had been entitled to review the case and determine that the circumstances in Sri Lanka had changed so that he was no longer at risk if returned.

Factual Background

The claimant was a Sri Lankan national who had been subject to removal action after his asylum claim was refused.  In 2008 the Strasbourg Court declared that the circumstances in Sri Lanka were such that his expulsion to Sri Lanka would violate the prohibition on torture and inhuman treatment under Article 3  (AA v United Kingdom).  The UK authorities consequently confirmed that removal directions would not be applied to him, and stated that he would be granted six months discretionary leave to remain (DLR). Continue reading

New Guide to Mental Health Advocacy and Human Rights

Screen Shot 2013-05-15 at 22.31.48A quick post to draw your attention to the British Institute of Human Rights’ excellent  new publication, Mental Health Advocacy and Human Rights: Your Guide (PDF).

The Guide is aimed at non-lawyers, is attractively presented and looks very useful indeed. From the BIHR launch site:

This Mental Health Awareness week, BIHR is pleased to launch Mental Health Advocacy and Human Rights: Your Guide, our latest practical resource to help respect and protect the human rights of people with mental health problems.  This guide has been produced with Mind Brighton and HoveWish and NSUN, three of the partner organisations involved in our Human Rights in Healthcare project.

Aimed at both advocates and people who use services, this handy guide explains how the Human Rights Act can be used in mental health settings to secure better treatment and care for people. It draws on real life stories of how laws and legal cases can be used in everyday advocacy practice, providing helpful flow-charts, worked through examples and top tips.

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Obsession with World War II distorts understanding of human rights

A fascinating article by SOAS EU law specialist  Dr Gunner Beck lays bare some of the important problems created by British hostility to Germany, which, by contrast to the profound social and economic changes that have taken place in both countries in the seven decades since WWII, appears “timeless and unchanging.”

In a wide ranging analysis of the abiding obsession with Nazi Germany in the British media and elsewhere, as well as the “strange sado-masochism” of Germany itself, Gunner Beck demonstrates how effectively this prejudice creates and fosters confusion about the current crisis in the Eurozone and the reaction of some of its members to German demands for closer scrutiny. He asks us to question why German history

is still largely reduced to the twelve years from 1933 to 1945, and why it still seems impossible in Britain to criticise any aspect of German economic or foreign policy, especially on EU matters, without some kind of Nazi connotation or similar historical insinuation lurking somewhere in the background… Why has nearly a lifetime of peaceful and liberal-democratic development in Germany done so little to put the Third Reich into some kind of historical perspective?

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Hearsay’s OK! Sort of – The Human Rights Roundup

Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.

In the news

Will Detainee Inquiry hearings broadcast? Have your say

The Detainee Inquiry Panel has shown its commitment to carrying out an inquiry that is as open and inclusive as possible by inviting comments on their broadcasting proposal, before making a final decision. The Panel welcomes views on this issue from the media, potential witnesses, NGOs and any other groups or individuals who are interested in the Inquiry’s work. You may submit comments via email by 7th January 2012. You can find more details here.

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Lord Irvine: British judges should decide human rights cases for themselves – Carl Gardner

Lord Irvine tonight weighed in to the debate about Britain’s relationship with the European Court of Human Rights – and effectively accused the Supreme Court of having surrendered its intellectual independence, and shirked its judicial responsibility.

His at times toughly-worded lecture to the UCL Judicial Institute and the Bingham Centre for the Rule of Law chimes with what the Attorney General Dominic Grieve has been saying recently about the need for primary responsibility for human rights protection to lie with states, not Strasbourg – and Grieve will surely approve of both the content and timing of Lord Irvine’s intervention, on the eve of the European Court’s ruling in Al-Khawaja and Tahery v. UK and in the context of Britain’s chairmanship of the Council of Europe. I’ll link to the text of his speech when it’s available.

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