Supreme Court splits the baby over the benefit cap – Mike Spencer

Money purse - WalletR(on the application of SG and others (previously JS and others)) v Secretary of State for Work and Pensions [2015] UKSC 16 – read judgment

The Supreme Court was sharply divided yesterday over whether the benefit cap breaches the Human Rights Act. The controversial cap limits the total amount of benefits an out-of-work family can receive, including housing benefit and benefits for children, to £500 per week. It is applied regardless of family size or circumstances such as rental costs. As a result, lone parents with children in large families are disproportionately affected, both because they are more likely to be hit by the cap and because they are less likely to be able to avoid its effects. Continue reading

The Return of the Round-up!

UnknownAfter a brief hiatus, the Human Rights Round-up is back. Our new team of expert summarisers – Hannah Lynes, Alex Wessely and Laura Profumo – is installed and ready to administer your regular dose of UK human rights news.

This week, Hannah reports on the Global Law Summit, access to justice, and what’s happening in the courts.

 

In the News

‘If you wrap yourself in the Magna Carta…you are inevitably going to look ridiculous if you then throw cold water on an important part of its legacy.’ Lord Pannick QC was not alone last week (23-28th February) in suggesting that there was some irony in Lord Chancellor Chris Grayling evoking the spirit of the Magna Carta at his launch of the three-day Global Law Summit.

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The Big Fat Gypsy Judicial Review

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Traveller Movement v Ofcom and Channel 4, [2015] EWHC 406 (Admin), 20 February 2015 – read judgment

One of the nation’s great televisual fascinations last week became the unlikely subject of an Administrative Court judgment that demonstrates the limits of common law standards of fairness, as well as the lightness of touch applied by the courts when reviewing the decision-making of the media regulator.

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Joshua Rozenberg resigned Telegraph post after editors sexed up human rights story

Screen Shot 2015-02-19 at 21.56.47On yesterday’s Newsnight (from 7 minutes 20 seconds in), Britain’s foremost legal commentator Joshua Rozenberg revealed that he resigned as the Telegraph’s legal editor in 2007 after the news desk sexed up a human rights story with false information. 

The story is still on the Telegraph’s website here. It was a report of the 2007 House of Lords decision in Secretary of State for Defence v Al-Skeini & Ors [2007] UKHL, a case about whether the Human Rights Act applied to actions of the British Army in Iraq. The House of Lords ruled that the Act did apply in British detention facilities, but that it did not apply in the streets of occupied Basra. There is an excellent summary of the case by Rozenberg here.

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Help me find the 50 human rights cases absolutely everyone needs to know about

PrintFollowers of the blog will know I am developing a new initiative, the Human Rights Information Project (HRIP). The aim is to radically rethink the way we communicate about human rights.

I need some help from you. I want to crowd-source data from readers of this blog about the 50 human rights cases absolutely everyone needs to know about. All contributors  will be attributed on the HRIP site and I will publish the text of the best nominations.

This data is going to be a central the project so I would really appreciate you taking the time to help out.

Here are the criteria:

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Human rights: a reality check

919PxBmnG1LMost law undergraduates are familiar with Jeremy Bentham’s dismissal of natural rights as “nonsense on stilts”.  This is a slight misrepresentation of what he said, which was that “Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts“. But let’s take the stilts away and consider rights in their ordinary sense. They furnish not only arguments before courts, but reasons for going to war and toppling whole regimes. As Israeli historian Yuval Noah Harari points out in his recent book:

No one was lying when, in 2011, the UN demanded that the Libyan government respect the human rights of its citizens, even though the UN, Libya, and human rights are all figments of our fertile imaginations.

So, might the author have added, are “citizens”, since in a reality without cities and states, it is a non-sequitur to talk of citizens. Continue reading

Time for human rights to get down to business? – Adam Smith-Anthony

open-for-business4Businesses, governments and civil society descended on Geneva last week for the 2014 UN Forum on Business and Human Rights, the largest global gathering in the business and human rights field. There were lofty statements of high ambition but the pervasive tone and success of the Forum was more prosaic: nitty-gritty implementation.

It was a conference dedicated to developing and sharing the best practices capable of shifting businesses from showcase philanthropy to real accountability, from vague aspirations to measurable impacts, and from a race to the bottom to a competition to be recognised as world leading. It was a call for real action; as one panel moderator told his coffee-clutching audience early on Day 3: “I want to see dust on everybody’s shoes”.

Implementation of what?  Continue reading