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Welcome back to the human rights roundup, your weekly buffet of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
In the news
Legal aid reforms
The proposed reforms to legal aid are divisive: they are either necessary to combat a society of blame and litigation, or a disastrous reduction of access to justice for those who can’t afford legal fees. The subject is given in-depth treatment on BBC Law in Action with Joshua Rozenberg. The podcast, discusses what effects the reform bill will have on lawyers, claimants and defendants. This post on The Justice Gap, by Alice Forbes, explores some of the more specific effects the reforms will have on the type of advice (and more importantly, legal remedies) available to claimants.
Welcome back to the human rights roundup, your recommended weekly dose of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
In the news
Religion and the State
Following on from last week’s ruling from the High Court that Christian prayers held before a council meeting were unlawful, the Court of Appeal this week upheld a ruling that two Christian hotel owners had discriminated against gay clients by not offering them a double room.
In yet other news, the Education Secretary Michael Gove is embroiled in a row concerning the distribution in schools of a booklet containing homophobic material. In response to complaints, Gove has insisted that the education provisions of the Equality Act 2010 do not extend to the content of the curriculum. For an analysis of why Gove is incorrect on this score, see Adam Wagner’s post.
Welcome back to the human rights roundup, your recommended weekly intake of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
In the news
Abu Qatada released on bail
Abu Qatada was released on “very restrictive” bail conditions this Monday in a decision by the Special Immigration Appeals Commission on the basis of both British legal precedent and Strasbourg human rights case-law. This also follows from the recent ruling by the European Court of Human Rights that he should not be returned to his native Jordan, where torture-derived evidence may be used against him in trial.
Updated | Welcome back to the human rights roundup, your regular human rights bullet. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Wessen Jazrawi
In the news
Mr Cameron goes to Strasbourg
This week, the European Court of Human Rights released its 2011 annual report and Prime Minister David Cameron paid Strasbourg a visit, where (amongst other things) he accused the Court of having become a “small claims court”.
Welcome back to the human rights roundup, a regular bulletin of all the law we haven’t quite managed to feature in full blog posts. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Wessen Jazrawi
In the news
BAILII
First, a plea from the Pink Tape family law blog to donate to BAILII, particularly if you run a blog that links to BAILII or if you are a lawyer who relies on BAILII for transcripts, or to simply do their online survey: BAILII – Pink Tape. This blog would not exist without the excellent service provided by BAILII – please help them by donating and doing the survey.
Wilton Park
The report from the Wilton Park conference, where the good and great of Europe met to discuss the future of the European Court of Human Rights, has been published. Suggestions included requiring individuals to show that non-examination of the case would cause a “significant disadvantage” and introducing a “universal periodic review” procedure, such as that used by the UN. It was recognised that national implementation was by far the biggest challenge that the system faced. The full report can be found here.
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
Constitutional and international lawyers, behold! The issue of a referendum into whether Scotland should become independent from the UK is promising to give you plenty to read and talk about.
There are already a number of pieces on the subject matter, with some of the most interesting ones featuring in the UKCLG Blog and the UKSC Blog. For example, Nick Barber, writing for the UKCLG Blog, discussed whether it should be the UK Parliament or the Scottish Parliament who should hold the referendum, and what role should the UK Parliament play in the process to enable a negotiated transition into independence, should that be the outcome of the vote.
Welcome back to the first UK human rights roundup for 2012. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Graeme Hall
In the news
Although human rights abuses don’t break for Christmas, UK human rights news has taken a pause over the festive period. Nonetheless, there have been some newsworthy occurrences, the Commission on Assisted Dying’s report being the most recent.
Stephen Lawrence
As the BBC reports, the Attorney General is reviewing whether the sentences handed down to Dobson and Norris for the murder of Stephen Lawrence, receiving 15 and 14 years respectively, were unduly lenient. Gownandout, a blog written by the editor of Banks on Sentencing, believes that a reference is “highly unlikely”, whilst blogger Charon QC notes that the pair is likely to spend a lot longer in prison, particularly due to their lack of remorse.
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Melinda Padron
In the news
The Government’s Green Paper on secret evidence
In my previous roundup, I mentioned that the government had published a Green Paper which proposed the extension of “closed material procedures”. Last week, the blogger Obiter J wrote a three-part detailed piece about the Green Paper and its proposals, which you can read here and here. In our blog, Adam Wagner pondered whether more trials should be held in secret, whilst Angus McCullough QC expanded on Adam’s piece, offering his comment from the perspective of an experienced Special Advocate.
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Graeme Hall
In the news
Phone-hacking
The Leveson Inquiry has had a star-studded parade of witnesses and phone hacking has dominated the headlines. This week’s highlights have been comprehensively covered by Inforrm’s Blog here, here and here.
David Allen Green, writing in the New Statesman, remarks that this Inquiry is a boost for democracy as it gives a voice to those who have been at the sharp end of press intrusion – normally all to easily ignored and silenced by papers. Freedom of expression, at least during the Inquiry, is not just the preserve of the press.
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Melinda Padron
In the news
The Leveson Inquiry begins
Last week saw the start of the Inquiry into the culture, practices and ethics of the press, headed by Lord Justice Leveson. Proceedings can be followed via the Inquiry’s website, where you can either watch live hearings or videos of past hearings, a move welcomed by Adam Wagner as a “minor landmark for open justice.” Hugh Grant (pictured) as well as other celebrities and victims will be appearing this week to give evidence.
Blogger Obiter J reported that Lord Justice Leveson gave an interesting warning to journalists against unjustified coverage of the Inquiry proceedings. Such unjustified and hostile coverage, said Lord Justice Leveson, might lead to the “conclusion that these vital rights are being abused which would itself give evidence of culture, practice and ethics which could be relevant to my ultimate recommendations.” The warning, remarks Obiter J, may be perceived as the imposition of restriction on the media. The Inquiry’s opening day has been described as “dramatic”, particularly due to the powerful submissions made by Robert Jay QC, counsel for the Inquiry. Mr Jay QC, in a long speech, set out the purposes and concerns of the Inquiry and referred to evidence which may indicate that the practice of phone hacking at News International was a systematic one.
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
Is my presumed intention inferred from a fair imputation? How naïve!
Domestically, Jonathan Sumption QC, an at-some-time-in-the-future Supreme Court Justice, has been described by Joshua Rozenberg as demonstrating a certain ‘naivety’ when, in delivering the FA Mann Lecture, he argued that judges are too interventionist in policy decisions, and that parliamentary scrutiny is generally a sufficient safeguard to protect ‘the public interest’.
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
Tackling the problem of delay seems to be the heart of the Family Justice Review’s proposals, evidenced by this piece, written by David Norgrove, who chaired the Family Justice Review, about the need to tackle the problem of delay in the family justice system when it comes to child protection cases. Norgrove says such delays are damaging to children and suggests, amongst other things, that children’s welfare should not be trumped by parents’ rights in these circumstances.
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Graeme Hall
In the news
The Supreme Court and the European Court of Human Rights have featured prominently in the legal news this week. Let’s find out why.
The Supreme Court’s ‘terrible twos’?
The Supreme Court has become a toddler, celebrating its second birthday last week. The Guardian has produced a video interview with the justices as well as an article with some of the Justices who attempt to demystify the Courts’ processes. But will its birthday mark the beginning of the court’s ‘terrible- twos’?
Lady Hale, the only female Justice, has certainly been vocal of late. Calling for more diversity amongst the judiciary, Hale argues that we need to “think of the very able people that are doing … less visible forms of practice, rather than just thinking about the top QCs”; representing a possible contrast to the other male Justices who argue that promoting diversity over merit would be a “great mistake”.
Welcome back to the human rights roundup. Our full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
His speech was an unusual one, given that judges generally refrain from commenting on the important issues of the moment. Lord Judge was supportive of Lord Justice Leveson and of the Press Complaints Commission, both targets of criticism in the context of the inquiry into the culture, practices and ethics of the press and the Leveson inquiry.
Welcome back to the human rights roundup, a regular bulletin of everything we have not managed to feature in full blog posts. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here.
by Melinda Padron
In the news
The UK Supreme Court under the spotlight
Last week the UKSC’s constitutional status, message, work and composition were the focus of various articles.
Roger Masterman and Jo Murkens tried to establish what kind of court is the UK Supreme Court, with particular reference to its constitutional status. Amongst many interesting points, Masterman and Murkens believe that as a result of some of its own features, the Court has begun cementing its place as a constitutional actor of its own right.
Richard Cornes, for the Guardian, believes that the most interesting message the Supreme Court is sending has gone almost unheard. Cornes argues this is the result of a combination of the obstacles to the efforts to make the Court more transparent, and the quality of coverage of the Court’s work. In particular, Cornes believes readers of mainstream media (he cites the Daily Mail, the Times and the Guardian as examples) will not have the same impression of the Supreme Court as the person who follows the UK Human Rights blog’s Twitter feed or checks the Guardian Law or Times Law pages online.
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