12 August 2010 by Guest Contributor
We have added a new ‘Tweet’ button at the bottom of all posts (after you have clicked through to the full article). This means that if you use Twitter, you will be able to share our posts quickly and easily.
This is a good opportunity to explain how the blog links in with Twitter. Our Twitter feed can be found here, or by clicking on the Twitter icon which is always on the right sidebar.
The feed updates instantly with links to new posts on the blog, as well as with all of the links to external human rights news items which are listed along the right sidebar. For more information on how to keep updated through Facebook, RSS and Twitter, you can always click on the subscribe tab at the top of the page. Enjoy!
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12 August 2010 by Adam Wagner
It is possible that the European Union will soon sign up to the European Convention on Human Rights. The change would have interesting implications for European human rights law, as well as for UK citizens seeking redress for alleged human rights violations.
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It may sound odd that whilst member states are signed up to the European Convention, the European Union as a corporate body is not. But negotiations began last month (see this Council of Europe press release) on the European Union’s accession to the European Convention. The Vice-President of the EU’s Commissioner for Justice, Fundamental Rights and Citizenship said “We are now putting in place the missing link in Europe’s system of fundamental rights protection, guaranteeing coherence between the approaches of the Council of Europe and the European Union”.
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12 August 2010 by Caroline Cross
Shirin Jisha v The Secretary of State for the Home Department [2010] EWHC 2043 (Admin) – Read judgment
When is a human rights claim a human rights claim in an immigration context? The High Court has recently considered this question in the case of a Bangladeshi citizen who had her visa cancelled when returning from a trip abroad.
This case related to the proper meaning of section 113(1) of the Nationality, Immigration and Asylum Act 2002. The Secretary of State had argued that the claimant’s claim was not a “human rights claim” because the claim was not made “at a place designated by the defendant” but served as part of her appeal to the Asylum and Immigration Tribunal against the defendant’s refusal to grant her leave to enter. It was held that the claim was a “human rights claim” within the terms of section 113(1).
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11 August 2010 by Adam Wagner
Ken Clarke
The Ministry of Justice (MoJ) is to cut £2bn from its £9bn or so budget. But where will this 20% cut come from?
Kenneth Clarke’s MoJ are said to have got in early in agreeing spending reduction targets with the Treasury, and yesterday it was reported by the Public and Commercial Services Union that senior staff were informed by email that the cuts will amount to around £2bn of the overall budget. The Union suspect that around 15,000 of the MoJ’s 80,000 staff may have to be axed.
However the MoJ makes the cuts, a reduction of around 20% is likely to have severe effects on access to and provision of justice in the United Kingdom. Various MoJ-funded bodies have already been lining up to explain why their departments could not survive on much less. The criminal legal aid system has long been said to be in crisis, the President of the Family Division indicated last week that the child protection system is in grave danger of imploding, and the Chief Executive of the Supreme Court has said the cuts could cripple the new court.
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11 August 2010 by Adam Wagner
Redaction in Al Rawi
Gradwick v IC and the Cabinet Office (EA/2010/0030) – Read decision
The Panopticon Blog has highlighted an interesting recent case in the General Regulatory Tribunal which may prove to be useful in the many different situations where documents are disclosed in redacted form.
The General Regulatory Tribunal (‘the Tribunal’) regulates information rights, amongst other things. Simply, the Tribunal held that if parts of documents disclosed under the Freedom of Information Act 2000 are to be redacted (blacked out), it is not good enough to transcribe a new document with the offending parts removed. This is because, as the Tribunal said:
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9 August 2010 by Adam Wagner
The Strasbourg court
A new Government report on the implementation of European Court of Human Rights judgments has highlighted the vexed issue of the rightful place of such rulings in domestic law. Many decisions, for example on prisoner voting rights, have languished unimplemented for years and it remains to be seen whether the Coalition Government will do any more to fulfil its legal obligations to the thousands affected.
The report sets out the Government’s position on the implementation of human rights judgments from the domestic and European courts. It is a response to the Joint Committee on Human Rights‘ March 2010 report, in which the committee criticised “inexcusable” delays in implementation.
The United Kingdom is obliged to implement judgments of the European Court of Human Rights under Article 46 of the European Convention on Human Rights. In 2009, the UK was found to have violated the European Convention 14 times, which represents 1% of the overall total of violations found by the Court. However, the UK has a high proportion of leading cases outstanding for more than 5 years.
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9 August 2010 by Adam Wagner
A leading children’s charity has said that vulnerable children are trapped in an unnecessary limbo of court delays, with courts taking up to 65 weeks to decide whether it is safe for a child to remain with its parents.
Barnardo’s has based its research (see press release) on ‘court data’ although the data itself is not published on their website. On the face of it, the figures are worrying:
Vulnerable children are waiting on average more than a year (57 weeks) in unstable family homes or emergency foster placements before a county court decides if they will be taken into care. In the family proceedings (magistrates) court the average time is 45 weeks – more than 10 months.
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6 August 2010 by Adam Wagner
In happier days
A database which was to hold the details of every child in England will be switched off at noon today, but the uneasy relationship between social services, the government and the courts in child protection matters still remains.
The closure of the £224 million scheme marks a victory for human rights and privacy campaigners as well as the fulfilment of a longstanding promise by the coalition partners.
The ContactPoint Database was set up in the wake of Lord Laming’s 2003 Victoria Climbié Public Inquiry, which recommended, amongst other major changes in child protection policy, that the government should investigate the setting up of “a national children’s database on all children under the age of 16.” Victoria Climbié died in 2000 at age 8 after being abused by her guardians. In the trial of her guardians which followed her death, the judge described the response of local authorities as “blinding incompetence”.
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5 August 2010 by Adam Wagner
Lord Hope
Lord Hope, the Deputy President of the UK Supreme Court, has said that repealing the Human Rights Act would have little practical effect effect on the enforcement of rights in the courts.
Joshua Rozenberg reports Lord Hope’s comments in the Law Society Gazette:
… what Hope did confirm – and I have never before heard a serving judge say this so clearly – was that repealing the Human Rights Act 1998 would, by itself, make very little difference to way such rights are enforced in our courts. As he explained, the most significant change to the UK’s relationship with the Human Rights convention came in 1966, when Britain first allowed individuals to bring cases against the government; until then, claims against Britain could be brought only by other states. As a result, courts in the UK felt obliged to take the convention into account.
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5 August 2010 by Adam Wagner
A Federal court in California has struck down a ban on gay marriage in the state, marking the first step on a path to a United States Supreme Court decision on the issue. A similar decision is unlikely here, however, given a recent European Court of Human Rights ruling on gay marriage. Ultimately, only Parliament is likely to bring about a change to the law in the UK.
The decision in Perry v Schwarzenegger has been widely reported and can be downloaded here. U.S. District Judge Vaughn R. Walker found that California’s ‘Proposition 8’, approved by voters in 2008, was unconstitutional. SCOTUSBlog explain the reasoning:
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5 August 2010 by Adam Wagner
We recently started adding links to interesting new articles and case-law on the right the sidebar under the heading “Selected news sources”.
As of last week, these articles now appear on our Twitter feed (@ukhumanrightsb) too. Below is a quick rundown of the most recent links. The full list of links can be found here.
- 4 Aug | European Court Rules on Prohibited Weapons in Armed Conflict, Retroactivity: This is a case about the supply of mustard gas to Saddam Hussein, in the European Court of Human Rights. A man prosecuted for supplying thiodiglycol (mustard gas). He complained under Article 6 of the Convention that the Dutch Supreme Court had failed to answer his argument that since Saddam Hussein and Ali Hassan al-Majid al-Tikriti were beyond the jurisdiction of the Netherlands courts, he ought not to have been convicted as their accessory. He also complained under Article 6 or Article 7 of the Convention that section 8 of the War Crimes Act did not meet the standard of lex certa (certain law). Both arguments were rejected and the application declared inadmissible [see paras 68ff and 96]
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4 August 2010 by Adam Wagner
The Human Genetics Commission have today published new guidance for direct-to-consumer genetic tests, including a recommendation that children should not be genetically tested by their parents unless the test is clinically indicated. The guidelines highlight that the ethical issues surrounding home-testing are still fuzzy and provide an interesting challenge from a perspective of human rights.
Home DNA testing kits are a fast-growing trend. They have already been on sale direct to consumers for three years by companies such as 23andMe and deCODEme, which advertise home-testing as a means of “taking charge of your health” and “filling in your family tree”. DNA paternity testing has been available for years, but it is the health aspects of home testing which have huge and potentially troubling implications in respect of basic rights.
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4 August 2010 by Rosalind English
W(Algeria) and 7 Others v Secretary of State for the Home Department [2010] EWCA Civ 898 (Jacob LJ, Sullivan LJ and Sir David Keene) 29 July 2010 – read judgment
Article 6 of the Convention did not require an “irreducible minimum of information” that had to be provided to appellants in proceedings before the Special Immigration Appeals Commission about the risk they posed to national security.
In their appeal against decisions of the respondent secretary of state to deport them on grounds of national security (upheld by the Special Immigration Appeals Commission (SIAC)) the appellants all claimed that they would be at risk of ill-treatment if they were deported. They had obtained relevant information which had been provided on the understanding that it could only be made available if there were clear guarantees that it would not become known to their national government.
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3 August 2010 by Adam Wagner
Happy birthday!
The UK’s new Supreme Court has reached the end of its first term, leading to some interesting discussions about its future from both practical and philosophical perspectives. From a human rights angle, a well-tooled and robust Supreme Court which acts to keep the government in check is good for everyone.
On a practical level, the UK Supreme Court Blog has posted on the stark warning from the UKSC’s chief executive, Jenny Rowe, to the effect that the Government’s proposed budget cuts could cripple the new court after only a year in operation. The UKSC Blog reports that Jenny Rowe, the court’s Chief Executive, has said she is not sure where the axe will fall but that “since casework (i.e. the hearing and determination of appeals) was the Court’s “priority“, it would be the Court’s public education and outreach programmes that would be most vulnerable.”
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3 August 2010 by Adam Wagner
Worth lying for?
(1) MS JENNY PATON (2) C2 (3) C3 (4) C4 (5) C5 and POOLE BOROUGH COUNCIL, Investigatory Powers Tribunal – Read ruling
The Investigatory Powers Tribunal (IPT) has ruled that a local council acted unlawfully in spying repeatedly on parents suspected of lying about where they lived in order to get their child into a sought after school. The ruling may not, however, prevent local authorities from spying on families for similar reasons in the future.
The IPT exists to investigate complaints about conduct by various public bodies, including in relation to surveillance under the Regulation of Investigatory Powers Act 2000 (RIPA). Section 28 of RIPA allows a public body to apply to conduct direct surveillance if the authorisation is necessary on various grounds, including the detection of crime.
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We have added a new ‘Tweet’ button at the bottom of all posts (after you have clicked through to the full article). This means that if you use Twitter, you will be able to share our posts quickly and easily. 
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