Category: Blog news


New feature | Articles of the European Convention on Human Rights

5 June 2010 by

The European Convention - now it has its own blog page

We have added a new “ECHR” page where you can access an index of the Articles of the European Convention on Human Rights.

The page can be accessed by clicking here, or by clicking on the “ECHR” tab at the top of any page on the blog.

Each Article has its own separate page with the wording of the Article itself and a brief summary of how it works in law.

You can access this summary by clicking on the “more info” link. You can also click on the “posts” link to see all posts on the UK Human Rights Blog relating to that Article. A few articles don’t have a live link “posts” as we have not posted on it yet. We would welcome your comments on this or on any way we can make the blog better.

The index is reproduced below:
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Child rape case sparks debate on child witnesses in criminal courts

28 May 2010 by

The recent Old Bailey case involving two boys aged 10 and 11 accused of rape on an eight year gold has reignited the long running debate over the treatment of child witnesses in the adversarial courts system.

In a Daily Telegraph article John Bingham and Caroline Gammell report that

More than 1,000 children under the age of 10 are called to give evidence in courts in England and Wales every year.Almost two thirds are themselves the victims of crime, asked to relive a traumatic experience, often as much as a year after the event. Although special measures are in place to make the ordeal of giving evidence in court less stressful, the current system remains open to criticism.There is no legal minimum age to give evidence in court but prosecutors must be satisfied that a child is capable of understanding evidence and being cross-examined before they can be called.

It should be noted at the outset that evidence from children can only be compelled by the courts in criminal prosecutions. We posted recently on the case of Re W (Children) [2010] UKSC 12 , where the Supreme Court ruled that refusing an application for a child to give evidence in a trial may contravene Article 6 of the European Convention on Human Rights (ECHR). Lady Hale said at para 22 of the judgment:  
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GMC to announce policy of striking off doctors who prolong the lives of terminally ill patients against their wishes [updated]

20 May 2010 by

If a terminally ill patient has made a “living will”, specifying in advance that they do not want to be resuscitated, doctors must respect these wishes or risk being struck off. The General Medical Council is to announce this guidance in response to the Mental Capacity Act 2005 which gives “living wills” legal status. Doctors must not follow their own personal or religious convictions by prolonging treatment unless there is evidence that a patient may have changed his or her mind.

Update 25/05/10 – The Guidance has been published and can be found here

If a doctor is unwilling to follow the express verbal instructions of a patient – communicated through a friend or relative as legal proxy — they can withdraw from treating the individual. A second medical opinion must sought before hydration and nutrition is withdrawn. Telegraph Medical Correspondent Kate Devlin reports that

Doctors who flouted the guidelines would be forced to attend a fitness to practise hearing before the GMC and would be struck off if the case against them were proved. The rules affect patients deemed to be mentally capable of making these decisions. If they do not have this capacity, or have not designated someone to act on their behalf, doctors are required to make any judgment about treatment in the best interests of the patient. The guidance says that in these cases, when the decision over end of life treatment is “finely balanced”, the patient’s previously stated wishes “will usually be the deciding factor”.

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You may have missed…

16 May 2010 by

Posts you may have missed last week on the UK Human Rights Blog:

Case law –

News –

UK Human Rights Blog joins the Guardian Legal Network

13 May 2010 by

We are pleased to announce that the UK Human Rights Blog has joined the new Guardian Legal Network.

The Guardian’s website launches its Legal Network today.  This “brings together the best blogs and sites that cover legal affairs and developments from around the world” and we are delighted to have been asked to be a partner in this project.

The Guardian will be featuring content from our blog, and we welcome new followers who have arrived here by this route. You can subscribe to free email alerts by entering your address in the ‘Email Subscription’ box (below and to the right), or follow us on Facebook or Twitter.

Update 18/05/10 – our article featured on the new site, and another one here


You may have missed…

8 May 2010 by

Posts you may have missed on the UK Human Rights Blog last week.

News and features:

Case law:

You may have missed…

1 May 2010 by

Posts you may have missed from last week:

Case law –

News –

You may have missed…

24 April 2010 by

UK Human Rights Blog posts from last week that you may have missed

Case law

News

Features

Recent news posts

18 April 2010 by

Recent news posts which you may have missed:

You can also read our archive of news posts here

Introduction by Philip Havers QC

8 April 2010 by

It is now nearly 10 years since the Human Rights Act 1998 came into force in October 2000. Its effect on our domestic law has been profound and far reaching and a knowledge and understanding of human rights law is now an essential part of the legal knowledge of all practising lawyers.

1 Crown Office Row’s team of public law specialists have played a prominent part in many of the important human rights cases which have been decided under the Act. They have also been producing the unique 1 Crown Office Row Human Rights Update Service for almost a decade.

As a natural extension of this service, we are now introducing the 1 Crown Office Row UK Human Rights Blog which we believe will provide a valuable and engaging supplement to our update service. So far as we know, it is the first UK Human Rights blog. We hope that you will enjoy using it.

Recent case comments

5 April 2010 by

Our most recent in-depth human rights case comments:

Recent posts roundup

29 March 2010 by

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 Editors: Darragh Coffey
Jasper Gold
Editorial Team: Rosalind English
Angus McCullough KC
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Jonathan Metzer

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Aarhus Abortion Abu Qatada Abuse Access to justice adoption ALBA Allison Bailey Al Qaeda animal rights 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 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders 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 Protection crime Cybersecurity Damages 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 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 Google Grenfell Health 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 Japan Judaism judicial review jury trial JUSTICE Justice and Security Bill Law Pod UK legal aid 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 music Muslim nationality national security NHS Northern Ireland nuclear challenges Obituary ouster clauses parental rights parliamentary expenses scandal patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries public law rehabilitation Reith Lectures Religion RightsInfo Right to assembly right to die right to family life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence sexual orientation Sikhism Smoking social media South Africa Spain special advocates Sports Standing statelessness 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 USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wind farms WomenInLaw YearInReview Zimbabwe
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