We use cookies to enhance your browsing experience. If you continue to use our website we will take this to mean that you agree to our use of cookies. If you want to find out more, please view our cookie policy. Accept and Hide [x]
The UK Human Rights Blog – edited by barristers at 1 Crown Office Row – is seeking recent law graduates to contribute regular articles on human rights cases handed down by the courts in Scotland, Northern Ireland and Strasbourg.
We are looking
for about five contributors in total to assist us for a period of up to a year,
with each contributor focusing on a particular jurisdiction.
Contributors would be expected to produce about five to ten blog
posts over the course of the year.
If you are interested, please email Jim Duffy (jim.duffy@1cor.com) with a copy of your CV and an article relating to a recent human rights case handed down in one of the above jurisdictions (word limit: 1,000 words).
Please note that contributors should hold a law degree or graduate diploma in law as of this summer, and that the Scottish/NI contributors will be law graduates from universities in those countries.
Conor Monighan brings us the latest updates in human rights law
Credit: The Guardian
In the News:
Lord Sumption, the recently retired Supreme Court judge, has suggested that the law on assisted suicide ought to be broken.
Lord Sumption said that whilst assisted suicide should continue to be criminalised, relatives of terminally ill patients should follow their conscience and not always abide by it. As he put it, “the law should be broken from time to time”.
The former judge argued that the law’s current position helps prevent abuse, and that any change to it could only be produced by a political process.
His comments were made as part of the Reith Lectures, a series of annual radio lectures on BBC Radio 4. Lord Sumption’s lectures ask whether the legal process has begun to usurp the legislative function of Parliament. His first lecture will be made available on the 21st May.
In Other News….
Research has revealed that 55,000 pupils have changed schools for no clear reason during the past five years. A report from the Education Policy Institute suggests some schools have been unofficially excluding students with challenging behaviour or poor academic results, as part of a practice known as “off-rolling”. One in 12 pupils who began education in 2012 and finished in 2017 were removed at some stage for an unknown reason. Just 330 secondary schools account for almost a quarter of unexplained moves. The Department for Education said it was looking into the issue, and that it had written to all schools to remind them of the rules on exclusions. More from The Week here.
Parliament’s Joint Committee on Human Rights (JCHR) has warned that the rights of detained children are being repeatedly breached. In a report published last Thursday, it recommended that Young Offenders’ Institutions should be banned from deliberately inflicting pain on young offenders and from putting them in solitary confinement. It found that hospitals and jails are restraining children too frequently, and that such techniques are being used disproportionately against ethnic minorities. Around 2,500 young people are in detention at present. More from the Guardian here.
The activities of Extension Rebellion, the climate change group, sparked discussion and controversy this week. The organisation has three core demands: greater transparency about climate change, a legally binding commitment to zero carbon emissions by 2025, and the creation of a citizens’ assembly to oversee the issue. The group has staged protests in London for the past week, which has included shutting down a large portion of Oxford Street. Over 800 people have been arrested. The group has been criticised for adding pressure on already overburdened police force, and for the disruption caused to people’s lives and businesses. Extinction Rebellion has announced that it will pause its protests for the duration of next week. More from the BBC here.
Conor Monighan brings us the latest updates in human rights law
In the News:
The Independent Inquiry into Child Sexual Abuse (IICSA) heard evidence about Sir Cyril Smith, the former MP for Rochdale. It has been alleged that Sir Cyril Smith abused boys in the 1960s at a school and hotel. The allegations were investigated by the police, but no further action taken.
Lord Steel, the former Liberal leader, gave evidence to the Inquiry. He explained that an article in Private Eye caused him to approach Cyril Smith about the allegations. Lord Steel said that, following this conversation, he “assumed” the allegations were true.
Lord Steel explained he had decided not to act because the accusations were “nothing to do with me”. He “saw no reason to go back to something that happened during his time in Rochdale” and the events happened “before he was even a member of the Liberal Party or an MP”.
Lord Steel’s comments sparked anger and he has been suspended from his party. He has since stated that the matter was properly an issue for the police and the council, and that he was not in a position to re-open the investigation.
Last Friday the UK Human Rights Blog and Law Pod UK Committee and contributors celebrated a fantastic year at 1 Crown Office Row with Vermouth tasting and prize-giving. We were delighted to be joined by special guests David Prest and Simon Jarvis from Whistledown Productions, as well as former 1COR member, Wendy Outhwaite QC.
After speeches about how both the blog and the podcast have grown from Commissioning Editor Jonathan Metzer and Law Pod UK Presenter Emma-Louise Fenelon, Wendy Outhwaite QC gave out gifts of her sparkling Ambriel wine and John Gimlette’s ‘Elephant Complex‘ to our rounders-up Eleanor Leydon, Conor Monighan and (in absentia) Thomas Hayes. Founder and co-presenter of Law Pod UK Rosalind English was also thanked for all her hard work with both blog and podcast.
Thank you all for coming and looking forward to 2019!
Conor Monighan brings us the latest updates in human rights law
In the News:
Credit: The Guardian
The Government is considering whether to abolish prison sentences lasting six months of less.
Rory Stewart, the Prisons Minister, has argued that short jail terms are only serving to increase crime by mixing minor offenders with hardened criminals. He cited research suggesting that community sentences may help reduce the risk of reoffending when compared to short term prison sentences.
In Scotland there is already a presumption against such sentences. Re-offending has fallen to its lowest level for nearly two decades and the Scottish government are looking to widen the scheme.
The change would impact upon around 30,000 offenders, helping alleviate pressure on the overburdened prison system. Exceptions would be made for offenders who were violent or had committed sexual crimes.
The suggestion has already proven controversial. The Ministry of Justice has emphasised it is only exploring options and no decision has been made.
Conor Monighan brings us the latest updates in human rights law
In the News:
The CPS has said there is enough evidence to charge two Russian men with conspiracy to murder Sergei and Yulia Skripal. Although the Skripals survived, another lady called Dawn Sturgess later died of exposure to Novichok.
The two men visited Salisbury last March, at the same time the nerve agent attack took place. It is believed the two men, Alexander Petrov and Ruslan Boshirov, are military intelligence officers for GRU, the Russian security service. The CPS has not applied for their extradition because of Russia’s longstanding policy that it does not extradite its own nationals. A European Arrest Warrant has been obtained in case they travel to the EU.
In response, the two men have claimed they were merely tourists. In an appearance on Russia Today (RT), they said the purpose of their visit to Salisbury was to see its cathedral. Arguing that their presence was entirely innocent, the two men said they were following recommendations of friends. Petrov and Boshirov went on to say that, whilst they had wanted to see Stonehenge, they couldn’t because of “there was muddy slush everywhere”. The men insisted they were businessmen and that, whilst they might have been seen on the same street as the Skripals’ house, they did not know the ex-spy lived there. The Russian President, Vladimir Putin, has said they are “civilians” and that “there is nothing criminal about them”. Continue reading →
Conor Monighan brings us the latest updates in human rights law
Credit: The Guardian
In the News:
The legal battle between Sir Cliff Richard and the BBC has begun in the High Court.
In August 2014, police raided Sir Cliff’s home based on an allegation of historic child sexual abuse. The BBC broadcast live footage of the raid filmed from a helicopter. The singer was interviewed under caution, but never charged.
Sir Cliff alleges that the BBC’s coverage of the police raid on his home was a serious invasion of his right to privacy, for which there was no lawful justification. He also alleges breaches of his data protection rights. The singer seeks substantial general damages, plus £278,000 for legal costs, over £108,000 for PR fees which he spent in order to rebuild his reputation, and an undisclosed sum relating to the cancellation of his autobiography’s publication. He began giving evidence on the first day of the hearing. Continue reading →
There is no general immunity for police officers investigating or preventing crime. In this case, Mrs Robinson suffered injuries when two police officers fell on top of her, along with a suspected drug dealer resisting arrest. The officers had foreseen Williams would attempt to escape but had not noticed Mrs Robinson (who was represented by 1 Crown Office Row’s academic consultant Duncan Fairgrieve).
The recorder found that, although the officers were negligent, Hill v Chief Constable of West Yorkshire [1989] gave them immunity from negligence claims. The Court of Appeal ruled the police officers owed no duty of care, and even if they did they had not broken it. It also found most claims against the police would fail the third stage of the Caparo test (i.e. it would not be fair, just and reasonable to impose a duty of care upon the police in these situations). The Court found Williams had caused the harm, not the police, so the issue was based on omission rather than a positive act. Finally, even if officers had owed the Appellant a duty of care, they had not breached it.
Mrs Robinson appealed successfully to the Supreme Court.
I wanted to alert you to a campaign RightsInfo has been running called #FightHateWithRights.
It’s about fighting the rise of extremism by standing up for human rights. Because social breakdown and even genocide don’t happen overnight – they are the result of the steady denial of rights over months or years. By protecting human rights, we also protect against the small cuts to liberty which can lead to far worse.
I have posted some of the key video content below the break, including a film featuring three genocide survivors spanning 70 years, a film featuring Professor Philippe Sands and a short video where I sum up the points of the campaign.
Stories welcome from people who have used the Human Rights Act or lawyers who have used it on people’s behalf (please confirm you have your client/ex-client’s authorisation to share the story).
RightsInfo needs your help on a new campaign to show how protecting human rights is the best way to prevent bigotry, hatred and the rise of the far right.
We’ve all been shocked at the scenes of extremists on the march again. We need your help to fight back against these poisonous ideologies by producing a film for the International Day of Tolerance (16 November 2017), highlighting the discrimination and dehumanisation common to all genocides, and a series of other videos and features.
The crowdfunder launched this morning and we have already reached our first target of £4,000. Now we are working towards the stretch target of £9,000. Can you help?
Calling all15 to 24 year olds! For International Youth Day this Saturday 12 August I will be answering your burning human rights questions on video. This will be posted on RightsInfo and UK Human Rights Blog’s Facebook and Twitter.
Please submit these by 12pm tomorrow (Wed 9 August) by:
RightsInfo is one of one of the UK’s newest and most exciting charities, building knowledge and support for human rights with engaging, accessible and beautifully presented online content.
We’re looking for an enthusiastic, talented Project Coordinator to join our multi-award winning team.
It has just been the 6th anniversary of an important human rights case, that of Mark and Steven Neary. Steven, who is autistic, was detained in local authority care for over a year before his dad used the Human Rights Act to get him home.
RightsInfo has made a powerful short film to mark the anniversary and tell this important human rights story.
In these uncertain political times, it is more important than ever to tell the positive stories of human rights to counter the tabloid press and grow support for human rights laws. So please do share!
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.
Recent comments