The Round-Up: Constitutional Commotions, Council Housing and Article 8, and the A6 Compatibility of ASBO Legislation

Yes campaigners react as they wait at Dublin Castle for the official result of the Irish abortion referendum

Image Credit: The Guardian

In a landmark moment for women’s rights, the Irish electorate has voted in favour of abolishing the 8th Amendment by a stunning two-thirds majority of 1,429,981 votes to 723,632.

Whilst abortion has long been illegal in Ireland under the Offences Against the Person Act 1861, the notorious 8th Amendment, which gives the foetus’ right to life absolute parity with that of the woman carrying it, was enacted after a 1983 referendum lobbied for by pro-life activists. By virtue of the amendment:

“The state acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.”

Lawyers for Yes emphasised that the amendment created ‘absolute legal paralysis in dealing with crisis pregnancies’ and had to be repealed if women in Ireland were to receive ‘appropriate’ and ‘compassionate’ healthcare. Also on the UKHRB, Rosalind English shares a powerful analysis of the extraordinary nature of the legal obligations imposed on women’s bodies by this provision.

Continue reading

The Round-Up: Worboys Ruling Strikes a Blow to Parole Board Privacy, Criminal Bar to Strike over Legal Aid Cuts, and Did Vote Leave Breach Election Law?

John Worboys is escorted in handcuffs into the royal courts of justice.

Image Credit: Guardian

R (On the application of) DSD and NBV & Ors v The Parole Board of England and Wales & Ors & John Radford: in a landmark ruling, the High Court has quashed the Parole Board’s decision to release black cab driver and serial sex offender John Worboys, on grounds of irrationality. The Board acted irrationally in that it “should have undertaken further inquiry into the circumstances of his offending and, in particular, the extent to which the limited way in which he has described his offending may undermine his overall credibility and reliability” [201].

Continue reading

Round Up: Worboys, air pollution, and Germany’s social media law

In the News:

taxi

Credit: Garry Knight, Flickr

Commissioner of Police of the Metropolis v DSD

The Supreme Court ruled that the police have a positive obligation to conduct an effective investigation into crimes involving serious violence to victims, in line with Article 3 of the ECHR.  In this case the obligation had been breached.

The case concerned the police’s investigation into the ‘black cab rapist’, John Worboys. Two of his victims brought a claim for damages against the Commissioner of the Metropolitan Police Service (MPS), on the basis of an alleged failure of the police to conduct an effective investigation into Worbys’ crimes. The victims were awarded compensation in the first instance. The Court of Appeal dismissed the MPS’ appeal, and the case came before the Supreme Court. Continue reading

The Round Up: Instagramming claim forms, procedural unfairness, and what happens when ‘pragmatism’ meets human rights.

Conor Monighan brings us the latest updates in human rights law.

Image result for police lady uk

Credit: Wiki Commons

In the News:

Robinson v Chief Constable of West Yorkshire

Covered by the Blog here

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.

It held: Continue reading

The Round-Up: Rights in war, Rights at work, Rights in marriage

Soldiers patrol in a Snatch Land Rover in Helmand, Afghanistan, in 2006

The mother of a British soldier who was killed in a roadside bomb while on duty in Iraq has received an apology from Defence Secretary Sir Michael Fallon. Sue Smith’s son, Pte Phillip Hewett, died while travelling on patrol in a lightly armoured “snatch” Land Rover in July 2005.

Following a settlement of the case, Sir Michael has written to Ms Smith:

“I would like to express directly to you my deepest sympathies and apologise for the delay, resulting in decisions taken at the time in bringing into service alternative protected vehicles which could have saved lives.”

What did Ms Smith allege?

The circumstances around Pte Hewett’s death have been the subject of litigation for the last 6 years.

Continue reading

Developments in the oversight of British Troops abroad – the Roundup

 

https://i.guim.co.uk/img/media/d19fc6a2d0ce552588dcf4b500c2116063496673/0_0_2048_1229/master/2048.jpg?w=620&q=55&auto=format&usm=12&fit=max&s=2218b555706e0d1886885f1f8dc47f0e

In the news

The oversight of the conduct of British soldiers in Iraq has been subject of two recent developments. The first is political, as Prime Minister Theresa May has renewed criticism of investigations into allegations of criminal behaviour of British troops. The second is legal, with the Court of Appeal offering clarification as to the role of the ECHR in conflicts abroad. However, comments by Defence Secretary Michael Fallon have since thrown into doubt the future role of the ECHR in conflicts abroad.

Continue reading

MoJ signals interest in specialist courts – the Round-up

Lady Justice above the Old Bailey in London

Photo credit: The Guardian

In the news

The Ministry of Justice has signalled an interest in the potential of specialist courts for cases of domestic abuse. It has been considering a report published last week by the Centre for Justice Innovation, which recommends an integrated approach whereby criminal, family and civil matters would be heard under a ‘one judge, one family’ model.

The report highlights evidence from the United States, Australia and New Zealand that integrated courts increase convictions and witness participation, lower re-offending, enforce protection orders more effectively and reduce case processing time. Victims would no longer find themselves “jumping from forum to forum” to resolve matters that are “all facets of the same underlying issue.”

Specialist domestic abuse courts could moreover use post-sentence judicial monitoring of perpetrators, and place a greater emphasis on the rehabilitation of offenders. In a speech to the Magistrates’ Association, justice secretary Michael Gove said he had been “impressed” by the potential of problem-solving courts during a recent visit to the US, and was “keen to look more” at what could be done in this area.

However, the proposals under examination are unlikely to allay fears that government cuts are putting women at risk. Under the ECHR, domestic authorities have a duty to “establish and apply effectively a system by which all forms of domestic violence [can] be punished,” and ensure “sufficient safeguards” are provided for the victims [Opuz v Turkey].

Yet current safeguards are under considerable strain, with domestic abuse incidents reported to the police having increased by 34% since 2007/2008. Campaigners warn that austerity measures, which have led to Portsmouth City Council recently announcing a “sizeable reduction” of £180,000 to its domestic abuse service, are likely to put further pressure on authorities already at breaking point.

Other news

  • Daily Telegraph: The Government has announced plans to establish an improved help-line for victims of modern slavery, which will be set up with a £1 million contribution from Google. The service will be modelled on a similar helpline in the US, which provides advice to people who have been subjected to forced labour or servitude, and collates data to combat human trafficking.
  • The Guardian: Health inspectors from the Care Quality Commission have issued a report critical of the wide variations of treatment received by people detained under the Mental Health Act. The inspectors found no evidence of patients’ views being considered in a quarter of the care plans examined, which Deputy Chief Inspector Dr Paul Lelliott said could “hinder their recovery, and lead to potential breaches in meeting their human rights.”
  • BBC: A High Court judge has ruled Lord Janner unfit to plead, with the result that the former politician will not stand trial over allegations of indecent assault and sexual abuse. Mr Justice Openshaw found that the 87-year-old peer had “advanced and disabling dementia that has deteriorated and is irreversible”. A “trial of the facts” is scheduled to take place next April.
  • Civic institutions, laws and practices need to better reflect the UK’s less religious, more diverse society, according to a report by the Commission on Religion and Belief in British Public Life. The Commission, led by former High Court judge, Baroness Butler-Sloss, has suggested that schools should no longer face a legal requirement to provide daily acts of worship of a Christian character, and has pointed to a number of “negative practical consequences” of selection by religion in faith schools. The Guardian reports.

 In the courts

The case concerned the complaints of seven Lithuanian nationals that the conditions of their detention in various correctional facilities had fallen short of standards compatible with article 3 of the Convention. In particular, it was submitted that they were held in overcrowded dormitory-type rooms. Some of the applicants further maintained that they were detained in conditions that violated basic hygiene requirements, and that they lacked access to appropriate sanitary facilities.

The Court found that the compensatory remedies made available by the Lithuanian authorities had been insufficient. It held that there had been a violation of article 3 (prohibition of inhuman or degrading treatment) in respect of four of the applicants, and made awards of pecuniary compensation accordingly.

This case concerned the asylum applications of two Afghan nationals who married in a religious ceremony in Iran when ZH had been 14-years old. The Swiss authorities did not deem the couple to be legally married, and considered their applications separately, resulting in the removal of RH to Italy after the rejection of his appeal. The applicants alleged that the expulsion of RH amounted to a breach of article 8 ECHR (the right to family life).

The Court held that article 8 of the Convention could not be interpreted as imposing on a member state an obligation to recognise a marriage contracted by a child, in view of article 12 (right to marry) which expressly provided for regulation of marriage by national law. At the time of the removal of RH to Italy, the Swiss authorities had been justified in considering that the applicants were not married. The Court therefore found no violation of article 8.

Hannah Lynes

Events

If you would like your event to be mentioned on the Blog, please email the details to Jim Duffy, at jim.duffy@1cor.com.