8 June 2010
Category: Blog news
5 June 2010
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:
Continue reading →
28 May 2010
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)  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:
Continue reading →
GMC to announce policy of striking off doctors who prolong the lives of terminally ill patients against their wishes [updated]
20 May 2010
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”.
16 May 2010
Case law –
- Families of asylum seekers entitled to advantageous entry clearance requirements says Supreme Court May 13, 2010
- Religious versus other freedoms: the future of Article 9? May 10, 2010
- As dust settles, Coalition gets cautious welcome on human rights May 14, 2010
- Voters seeking compensation will face uphill climb May 13, 2010
- Human Rights Act may be safe under new Justice Secretary Ken Clarke [updated] May 12, 2010
- New head of Court of Appeal making waves on civil liberties May 12, 2010
- One year on, “opening up” of family courts has led to closed justice May 11, 2010
13 May 2010
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.
8 May 2010
News and features:
- The human rights cost of preventing people from voting May 7, 2010
- The General Election and human rights May 6, 2010
- Evolution of a right to freedom of information? May 6, 2010
- End of the Savage saga as High Court finds hospital liable for patient’s suicide May 4, 2010
- More secret evidence trouble for Government in foreign torture case May 4, 2010
- Court of Appeal launches offensive against secret justice with three linked judgments May 5, 2010
- Deprivation of liberty must be regularly reviewedMay 4, 2010
- The human rights cost of preventing people from voting May 7, 2010
1 May 2010
Case law –
- Detention of mentally ill man was illegal April 30, 2010
- Prisoners in psychiatric hospitals not entitled to equal benefits with other patientsApril 29, 2010
- Medical intervention without parental consent violated child’s and parents’ Article 8 rights says Strasbourg CourtApril 21, 2010
- Judges should consider parents’ interests under Article 8 of the Convention before granting care ordersApril 20, 2010
- Media privacy of severely disabled musical prodigy protectedApril 28, 2010
- More prisoners disenfranchised, this time in Austria April 27, 2010
- Super injunctions, bad habits and secret justice April 30, 2010
- High Court says Lord Carey “mistaken” on religious discrimination [updated] April 29, 2010
- 1688 Bill of Rights may protect Parliamentary expense scandal three April 29, 2010
- Three perspectives on the Bill of Rights April 28, 2010
- European Court to discipline UK for smacking children [updated] April 27, 2010
- Feature | Freedom of expression, the American way April 26, 2010
24 April 2010
- Medical intervention without parental consent violated child’s and parents’ Article 8 rights says Strasbourg Court
- Judges should consider parents’ interests under Article 8 of the Convention before granting care orders
- Judge’s failure to warn jury over defendant’s silence did not render trial unfair
- Sex offenders’ lifelong living and travel restrictions were breach of human rights
- President of the Supreme Court argues Human Rights Act is here to stay, perhaps
- Google steps up pressure on Government censorship
- Prisoner takes UK to court for right to vote
- Government back in court over foreign torture allegations
18 April 2010
- What was the Lord Chief Justice really saying about the European Court?
- Singh libel case dropped in light of robust Court of Appeal judgment
- Will the Human Rights Act survive the May 6th election?
- Legal aid is a human right, even for politicians
- New head of Family Court says social workers perceived as “arrogant and enthusiastic removers of children”
You can also read our archive of news posts here
8 April 2010
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.
5 April 2010
- Removal of child following faulty diagnosis of injury breached Article 8 ((AD and OD v United Kingdom (Application No 28680/06))
- Exceptionally serious circumstances must be established to resist extradition order says Supreme Court (Norris v United States )
- EU Directive on Refugee status does not enhance asylum rights under Strasbourg Convention (The Queen on the Application of MK(Iran) v Secretary of State for the Home Department)
- Supreme Court refers question of public interest in disclosure about mobile phone masts to ECJ (Office of Communications v Information Commissioner)
- Teacher subject to disciplinary proceedings entitled to legal representation if his name is to be added to children protection register (Governors of X School v R(on the Application of G) (Claimant) & Y City Council and Secretary of State for Children and Schools and Families (Interveners) & Equality and Human Rights Commission (Interested Party))
- Jewish Free School policy on admissions in breach of race relations law (R (on the application of E) (Respondent) v (1) JFS Governing Body (2) Admissions Panel of JFS (Appellants) : R (on the application of E) (Respondent) v (1) JFS Governing Body (2) Admissions Panel of JFS (Appellants) & ORS (United Synagogue))
29 March 2010
- European Court rejects UK pensioners’ top-up claim
- Joint Committee on Human Rights calls for control order scheme to be discontinued
- Sharper teeth for the European Court of Human Rights?
- European Commission warns the UK about unfair cost of challenging environmental decisions
- Not unlawful for a Roman Catholic adoption agency to reject same-sex couples
- Are civil partnerships compatible with human rights law?
- Does the Human Rights Act apply to the Battlefield?
16 March 2010
- Education not recognised as a “civil right” under Convention due process rules
- Have MI5 “inflicted a body blow on their own reputation”?
- Exceptionally serious circumstances must be established to resist extradition order says Supreme Court
- Should children be protected against giving evidence in court?
- Towards a UK Bill of Rights?