Spiritual Influence and Human Rights at Sea: the Weekly Round-up – Hannah Lynes

4 May 2015 by

Rescue of migrants

Photo Credit: The Guardian

In the news

The drowning of several hundred migrants attempting to cross the Mediterranean has dominated headlines in recent weeks, prompting a special meeting of the European Council on 23 April. The UN High Commissioner for Refugees has called for ‘a robust search-and-rescue operation in the Central Mediterranean, not only a border patrol’.

Under the ECHR, migrants rescued at sea cannot be returned if there is a ‘real risk’ of treatment that is incompatible with the absolute provisions of the Convention. Jacques Hartmann and Irini Papanicolopulu consider claims that human rights law therefore creates a perverse incentive for EU Member States not to conduct operations proactively.

Other news

Electoral law has been the subject of much commentary following the removal of Lutfur Rahman from his position as Mayor of Tower Hamlets. In a strongly-worded judgment issued by Election Commissioner Richard Mawrey QC, Mr Rahman was found to have engaged in corrupt and illegal practices contrary to the Representation of the People Act 1983. The BBC reports here.

Particular controversy has surrounded the finding that Mr Rahman was guilty of ‘undue spiritual influence’, on account of Muslim clerics participating in his campaign ‘to persuade Muslim voters that it was their religious duty to vote for him’ [para. 564]. Writing in the Guardian, Giles Fraser is critical of what he deems to be an application of a law ‘that was developed to subdue Irish Roman Catholics… to a contemporary religious minority that is suffering from a very similar brew of racism and hostility.’ Martin Downs of 1COR comments on the decision for UKHRB.

Publications

  • The Constitution Society and UK Constitutional Law Association paper, “‘Common Sense’ or Confusion? The Human Rights Act and the Conservative Party”, is available online. Stephen Dimelow and Alison L Young scrutinise Conservative Party proposals for Britain’s human rights laws.
  • ‘Delivering Justice in an Age of Austerity’: a Justice Working Party report sets out recommendations for improved access to justice in the current political climate. Ruchi Parekh provides a summary of the proposals for the UK Constitutional Law Blog.

In the courts

Disciplinary proceedings brought against an employee did not amount to unlawful discrimination because of her religion. An Employment Tribunal found that although treatment of the Claimant occurred in the context of her religious acts, the reason for the treatment was because her acts amounted to an abuse of authority. Article 9 of the ECHR (holding and manifesting religious belief) did not give an employee a complete and unfettered right to discuss or act on their religious beliefs at work.

Frank Cranmer considers the decision in Law & Religion UK.

The Upper Tribunal considered whether a subsequent assertion of a human rights breach was sufficient to generate a right of appeal under the Immigration Act 2014. The Tribunal held that it could do so only if accepted as a ‘fresh claim’ by the Secretary of State.

Barrister Colin Yeo analyses the case for the Free Movement Blog, and argues that it was incorrectly decided.

Rights Info

This week has been a busy one for RightsInfo. Mathias Cheung reacts to the project launch on Oxford Human Right Hub, whilst a brand new film on the initiative can be seen here.

Events

Oxford Human Rights Hub is to host the launch of Dr Tarunabh Khaitan’s book: A Theory of Discrimination Law. The event will take place on the 29 May at Rhodes House, Oxford. More information can be found here.

UK HRB posts

If you would like your event to be mentioned on the Blog, please email Jim Duffy at jim.duffy@1cor.com

Hannah Lynes

Welcome to the UKHRB


This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:
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Aarhus Abortion Abu Qatada Abuse Access to justice administrative court adoption ALBA Allison Bailey Al Qaeda animal rights anonymity Appeals Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 7 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders charities Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus Coroners costs court of appeal Court of Protection covid crime Cybersecurity Damages Dartmoor data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability disclosure Discrimination disease divorce DNA domestic violence duty of candour duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal enforcement Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance football foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza gender genetics Germany gmc Google government Grenfell Health healthcare high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Jalla v Shell Japan Japanese Knotweed Judaism judicial review jury trial JUSTICE Justice and Security Bill Land Reform Law Pod UK legal aid legal ethics legality Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health military Ministry of Justice modern slavery monitoring murder music Muslim nationality national security NHS Northern Ireland nuclear challenges nuisance Obituary ouster clauses parental rights parliamentary expenses scandal Parole patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Private Property Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries public law Regulatory Proceedings rehabilitation Reith Lectures Religion RightsInfo Right to assembly right to die right to family life Right to Privacy Right to Roam right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence sexual orientation Sikhism Smoking social media Social Work South Africa Spain special advocates Sports Standing statelessness Statutory Interpretation stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treaty TTIP Turkey UK Ukraine UK Supreme Court unduly harsh united nations unlawful detention USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks Wild Camping wind farms WomenInLaw YearInReview Zimbabwe
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