Round Up- Civil Partnerships for all and the Unlawfulness of Hardial Singh.

8 October 2018 by

Conor Monighan brings us the latest updates in human rights law

Marriage-009

Credit: The Guardian

In the News:

The Government has announced that civil partnerships will be available to all couples, not just those which are same-sex. The government has said the move will address the “imbalance” of the current system. It will also provide a way of giving couples and their families greater security.

Concerns have previously been raised about the precarious state of cohabiting couples, many of whom incorrectly believe they possess similar rights to married couples. Widening access to civil partnerships may go some way to solving this issue.

Civil partnerships were originally created in 2004, and offer homosexual couples legal and financial benefits resembling those available under a marriage. Marriage for same-sex couples was subsequently legalised by the Marriage (Same Sex Couples) Act 2013, giving them a free choice between the two.

The proposed change comes in response to R (on the application of Steinfeld and Keidan) (Appellants) v Secretary of State for International Development, which was decided by the Supreme Court in June. There, the court ruled that precluding mixed-sex couples from entering into a civil partnership was incompatible with Article 14 ECHR (when read in conjunction with Article 8). The Civil Partnership Act 2004 will, therefore, need to be amended or replaced. The appellants, Ms Steinfeld and Mr Keidan, had campaigned on the issue for four years. The pair described civil partnership as a “modern, symmetrical institution” which was free of the historical connotations of marriage.

It seems likely that change may follow in Scotland. There, the Scottish government has launched a consultation on whether heterosexual couples ought to be able to enter into civil partnerships.

In Other News….

  • The government is reviewing food labelling laws in light of an inquest into the death of Natasha Ednan-Laperouse, who died following an allergic reaction to a sandwich bought from Pret a Manger. The coroner found that Ms. Ednan-Laperouse had been “reassured” by the absence of allergen warnings on the packaging. However, the product actually contained sesame. This caused fatal cardiac arrest, despite the use of two Epi-Pens. Pret have stated it is “deeply sorry for Natasha’s death”. It has since emerged that Pret is investigating the death of another customer who also suffered an allergic reaction. This individual died in 2017 because a product contained dairy. Pret had apparently been told by a supplier that the ingredient was dairy-free. The Prime Minister has called for changes to the law. At present, food which is made on-site does not have to be labelled with allergen information. (More from the BBC here and here).
  • For the first time in its history, the UK Supreme Court sat with a majority female bench. Following the swearing in of Lady Arden last week, her Ladyship sat with Lady Hale, Lady Black, Lord Carnwarth and Lord Lloyd-Jones. The case concerned a child with Asperger’s Syndrome and learning difficulties. (More from the Telegraph here).

In the Courts:

  • Hemmati & Ors, R (on the application of) v The Secretary of State for the Home Department: A majority in the Court of Appeal held that the detention of five immigrants prior to their possible removal to other EU member states was unlawful. This is because neither the Secretary of State’s policy in relation to detention pending removal, or the Hardial Singh principles, met the requirements outlined in art.2(n) and art.28 Regulation 604/2013 (commonly known as the ‘Dublin III regulations’). The Guidance failed to contain a reference to proportionality and did not refer to the requirement that there be a “significant risk of absconding” before an individual could be detained [170]. Hardial Singh, meanwhile, did not specify the criteria for deprivation of liberty with sufficient clarity or predictability [169]. The Court also ruled that Factortame, which provides for damages where there has been a “sufficiently serious” breach of EU law, did not apply. This is because the right to liberty is not a concept found only in EU law [193]. Rather, a remedy was available under the common law either by an action for damages or habeas corpus [190, 194].
  • Pathan & Anor v Secretary of State for the Home Department: The appellants argued that they were entitled to be informed of the Secretary of State’s decision to revoke their immigration sponsors’ license. They also contended that they ought to have been given a reasonable opportunity to re-arrange their affairs [5]. The Court of Appeal determined that the appellant’s complaint constituted a challenge to the substantive fairness of the Secretary of State’s process, rather than a being a concern about procedural fairness [70]. Given that the Secretary of State’s actions were not irrational, the Secretary of State was not obliged to inform the appellants that their sponsors’ license had been revoked, or to give them an opportunity to find an alternative sponsor. The Court further held that the Upper Tribunal had not make a mistake in law by considering the logistical difficulties which the Secretary of State would face by trying to do what the appellants proposed [75]. Finally, the Upper Tribunal had not erred by assuming the issue was whether the Secretary of State’s decision was a rational one, as opposed to whether it was procedurally fair [75]. Appeals dismissed.
  • T & Ors, R (on the application of) v The Secretary of State for Education: The case concerned regulations which offer an additional 15 hours a week of free childcare for children of working parent The claimants argued that the regulations breach Article 14 (read with Article 8) of the ECHR [2]. In particular, they suggested that the regulations treat working families differently from those in which one parent is working, or those in which a lone parent has a child but cannot work. The High Court held that although there is a differential treatment within the meaning of Article 14, the variance is justified. This is because it pursues a legitimate aim, namely incentivising and facilitating parents to undertake paid work where they might otherwise be unable to do so [50, 55]. This aim is contained within the Childcare Act 2016 itself and is confirmed by ministerial statements made when the Act was in the form of a Bill [51, 52]. The regulations are rationally connected to that aim, and are not manifestly without reasonable foundation [98]. Claim for judicial review dismissed.

On the UKHRB

  • Rosalind English has written an report on Help Refugees Ltd, R (on the application of) v Secretary of State for the Home Secretary [2018], a judicial review of the Secretary of State’s process for relocating unaccompanied asylum-seeking children.
  • David Hart QC explained Bayer Plc v NHS Darlington Clinical Commissioning Groups (CCG) and others, a judicial review of NHS drug policy.
  • Darragh Coffey posted about Coroner for the Birmingham Inquests v Hambleton & Ors, where it was held a coroner was not required to investigate the identity of the Birmingham bombers.
  • A number of new podcasts have been released on LawPod, looking at: the influence of international law on individual rights after Brexit; the new offence of coercive and controlling behaviour in family proceedings; and a recent CJEU ruling on genetically modified organisms.

Events:

  • Brexit: Recovery of Sovereignty or Loss of Rights (Gresham College), 6pm on 9th October, at the Museum of London. More information here.
  • Women in Prison: more troubled than troublesome (LSE), 6:30pm on 9th October, at the LSE. More here.
  • Trafficking: A Development Approach (UCL Laws), 6pm on 11th October, at Gideon Schreier LT. More here.
  • Statutory Interpretation in a Post-Brexit UK (Institute of Advanced Legal Studies), 6pm on 15th More here.
  • The Origins and Endings of Britain and the EU? (Being Human festival), 1pm on 15th November, at LSE Library Gallery. More here.
  • The Beginning of the End for Inequality (Being Human), 3pm on 21st November, at Senate House Library. More here.

If you would like your event to be mentioned on the Blog, please email the Blog’s Commissioning Editor at jonathan.metzer@1cor.com

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:
Commissioning Editor: Jonathan Metzer
Editorial Team: Rosalind English
Angus McCullough QC David Hart QC
Martin Downs
Jim Duffy

Free email updates


Enter your email address to subscribe to this blog for free and receive weekly notifications of new posts by email.

Subscribe

Categories


Tags


7/7 Bombings 9/11 A1P1 Aarhus Abortion Abu Qatada Abuse Access to justice adoption AI air pollution air travel ALBA Allergy Al Qaeda Amnesty International animal rights Animals anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 article 263 TFEU Artificial Intelligence Asbestos Assange assisted suicide asylum asylum seekers Australia autism badgers benefits Bill of Rights biotechnology birds directive blogging Bloody Sunday brexit Bribery British Waterways Board Catholic Church Catholicism Chagos Islanders Charter of Fundamental Rights child protection Children children's rights China christianity circumcision citizenship civil liberties campaigners civil partnerships climate change clinical negligence closed material procedure Coercion Cologne Commission on a Bill of Rights common buzzard common law communications competition confidentiality confiscation order conscientious objection consent conservation constitution contact order contempt of court Control orders Copyright coronavirus costs costs budgets Court of Protection crime criminal law Criminal Legal Aid criminal records Cybersecurity Damages data protection death penalty declaration of incompatibility defamation DEFRA Democracy village deportation deprivation of liberty derogations Detention devolution Dignitas dignity Dignity in Dying diplomacy director of public prosecutions disability Disability-related harassment disciplinary hearing disclosure Discrimination Discrimination law disease divorce DNA doctors does it matter? domestic violence Dominic Grieve don't ask don't ask don't tell don't tell Doogan and Wood double conviction DPP guidelines drones duty of care ECHR economic and social rights economic loss ECtHR Education election Employment Environment environmental information Equality Act Equality Act 2010 ethics Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Convention on Human Rights European Court of Human Rights European Court of Justice european disability forum European Sanctions Blog Eurozone euthanasia evidence Exclusion extra-jurisdictional reach of ECHR extra-territoriality extradition extradition act extradition procedures extradition review extraordinary rendition Facebook Facebook contempt facial recognition fair procedures Fair Trial faith courts fake news Family family courts family law family legal aid Family life fatal accidents act Fertility fertility treatment FGM fisheries fishing rights foreign criminals foreign office foreign policy France freedom of assembly Freedom of Association Freedom of Expression freedom of information Freedom of Information Act 2000 freedom of movement freedom of speech free speech game birds gangbo gang injunctions Garry Mann gary dobson Gary McFarlane gay discrimination Gay marriage gay rights gay soldiers Gaza Gaza conflict Gender General Dental Council General Election General Medical Council genetic discrimination genetic engineering genetic information genetics genetic testing Google government Grenfell grooming Gun Control gwyneth paltrow gypsies habitats habitats protection Halsbury's Law Exchange hammerton v uk happy new year harassment Hardeep Singh Haringey Council Harkins and Edwards Health healthcare health insurance Heathrow heist heightened scrutiny Henry VII Henry VIII herd immunity hereditary disorder High Court of Justiciary Hirst v UK HIV HJ Iran HM (Iraq) v The Secretary of state for the home department [2010] EWCA Civ 1322 Holder holkham beach holocaust homelessness Home Office Home Office v Tariq homeopathy hooding Hounslow v Powell House of Commons Housing housing benefits Howard League for Penal Reform how judges decide cases hra damages claim Hrant Dink HRLA HS2 hs2 challenge hts http://ukhumanrightsblog.com/2011/04/11/us-state-department-reports-on-uk-human-rights/ Human Fertilisation and Embryology Act Human Fertilisation and Embryology Authority human genome human rights Human Rights Act Human Rights Act 1998 human rights advocacy Human rights and the UK constitution human rights commission human rights conventions human rights damages Human Rights Day human rights decisions Human Rights Information Project human rights news Human Rights Watch human right to education human trafficking hunting Huntington's Disease HXA hyper injunctions Igor Sutyagin illegality defence immigration Immigration/Extradition Immigration Act 2014 immigration appeals immigration detention immigration judge immigration rules immunity increase of sanction India Indonesia Infrastructure Planning Committee inherent jurisdiction inherited disease Inhuman and degrading treatment injunction Inquest Inquests insult insurance insurmountable obstacles intelligence services act intercept evidence interception interests of the child interim remedies international international conflict international criminal court international humanitarian law international human rights international human rights law international law international treaty obligations internet internet service providers internment internship inuit investigation investigative duty in vitro fertilisation Iran iranian bank sanctions Iranian nuclear program Iraq Iraqi asylum seeker Iraq War Ireland irrationality islam Israel Italy iTunes IVF ivory ban jackson reforms Janowiec and Others v Russia ( Japan Jason Smith Jeet Singh Jefferies Jeremy Corbyn jeremy hunt job Jogee John Hemming John Terry joint enterprise joint tenancy Jon Guant Joseph v Spiller journalism judaism judges Judges and Juries judging Judicial activism judicial brevity judicial deference judicial review Judicial Review reform judiciary Julian Assange jurisdiction jury trial JUSTICE Justice and Security Act Justice and Security Bill Justice and Security Green Paper Justice Human Rights Awards JUSTICE Human Rights Awards 2010 just satisfaction Katyn Massacre Kay v Lambeth Kay v UK Ken Clarke Ken Pease Kerry McCarthy Kettling Kings College Klimas koran burning Labour Lady Hale lansley NHS reforms LASPO Law Commission Law Pod UK Law Society Law Society of Scotland leave to enter leave to remain legal aid legal aid cuts Legal Aid desert Legal Aid Reforms legal blogs Legal Certainty legal naughty step Legal Ombudsman legal representation legitimate expectation let as a dwelling Leveson Inquiry Levi Bellfield lewisham hospital closure lgbtq liability Libel libel reform Liberal Democrat Conference Liberty libraries closure library closures Libya licence conditions licence to shoot life insurance life sentence life support limestone pavements limitation lisbon treaty Lithuania Litigation litvinenko live exports local authorities locked in syndrome london borough of merton London Legal Walk London Probation Trust Lord Bingham Lord Bingham of Cornhill Lord Blair Lord Goldsmith lord irvine Lord Judge speech Lord Kerr Lord Lester Lord Neuberger Lord Phillips Lord Rodger Lord Sumption Lord Taylor LSC tender luftur rahman machine learning MAGA Magna Carta mail on sunday Majority Verdict Malcolm Kennedy malice Margaret Thatcher Margin of Appreciation margin of discretion Maria Gallastegui marriage material support maternity pay Matthew Woods Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB) Maya the Cat Mba v London Borough Of Merton McKenzie friend Media and Censorship Medical medical liability medical negligence medical qualifications medical records medicine mental capacity Mental Capacity Act Mental Capacity Act 2005 Mental Health mental health act mental health advocacy mental health awareness Mental Health Courts Mental illness merits review MGN v UK michael gove Midwives migrant crisis Milly Dowler Ministerial Code Ministry of Justice Ministry of Justice cuts misfeasance in public office modern slavery morality morocco mortuaries motherhood Motor Neurone disease Moulton Mousa MP expenses Mr Gul Mr Justice Eady MS (Palestinian Territories) (FC) (Appellant) v Secretary of State for the Home Department murder murder reform Musician's Union Muslim NADA v. SWITZERLAND - 10593/08 - HEJUD [2012] ECHR 1691 naked rambler Naomi Campbell nationality National Pro Bono Week national security Natural England nature conservation naturism Nazi negligence Neuberger neuroscience Newcastle university news News of the World new Supreme Court President NHS NHS Risk Register Nick Clegg Nicklinson Niqaab Noise Regulations 2005 Northern Ireland nuclear challenges nuisance nursing nursing home Obituary Occupy London offensive jokes Offensive Speech offensive t shirt oil spill olympics open justice oppress OPQ v BJM orchestra Osama Bin Laden Oxford University paramountcy principle parental rights parenthood parking spaces parliamentary expenses parliamentary expenses scandal Parliamentary sovereignty Parliament square parole board passive smoking pastor Terry Jones patents Pathway Students Patrick Quinn murder Pensions persecution personal data Personal Injury personality rights perversity Peter and Hazelmary Bull PF and EF v UK Phil Woolas phone hacking phone taps physical and mental disabilities physician assisted death Pinnock Piracy Plagiarism planning planning human rights planning system plebgate POCA podcast points Poland Police police investigations police liability police misconduct police powers police surveillance Policy Exchange report political judges Politics Politics/Public Order poor reporting Pope Pope's visit Pope Benedict portal possession proceedings power of attorney PoW letters to ministers pre-nup pre-nuptial Pre-trial detention predator control pregnancy press press briefing press freedom Prince Charles prince of wales princess caroline of monaco principle of subsidiarity prior restraint prison Prisoners prisoners rights prisoners voting prisoner vote prisoner votes prisoner voting prison numbers Prisons prison vote privacy privacy injunction privacy law through the front door Private life private nuisance private use proceeds of crime Professional Discipline Property proportionality prosecution Protection of Freedoms Act Protection of Freedoms Bill Protest protest camp protest rights Protocol 15 psychiatric hospitals Public/Private public access publication public authorities Public Bodies Bill public inquiries public interest public interest environmental litigation public interest immunity Public Order Public Sector Equality Duty putting the past behind quango quantum quarantine Queen's Speech queer in the 21st century R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 R (on the application of) v The General Medical Council [2013] EWHC 2839 (Admin) R (on the application of EH) v Secretary of State for the Home Department [2012] EWHC 2569 (Admin) R (on the application of G) v The Governors of X School Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2 race relations Rachel Corrie Radmacher Raed Salah Mahajna Raed Saleh Ramsgate raptors rehabilitation Reith Lectures Religion resuscitation RightsInfo right to die right to family life right to life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia saudi arabia Scotland secrecy secret justice Secret trials security services sexual offence Sikhism Smoking social media social workers South Africa south african constitution Spain special advocates spending cuts Standing starvation statelessness stem cells stop and search Strasbourg super injunctions Supreme Court Supreme Court of Canada surrogacy surveillance swine flu Syria Tax Taxi technology Terrorism terrorism act tort Torture travel treason treaty accession trial by jury TTIP Turkey Twitter UK Ukraine unfair consultation universal jurisdiction unlawful detention USA US Supreme Court vaccination vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wildlife wind farms WomenInLaw Worboys wrongful birth YearInReview Zimbabwe

Disclaimer


This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.

Our privacy policy can be found on our ‘subscribe’ page or by clicking here.

%d bloggers like this: