Search Results for: bill of rights


Equal Marriage U.S. Style, Religious Harassment & Where is That Rendition Report – The Human Rights Roundup

7 April 2013 by

Christian rights case rulingWelcome back to the UK Human Rights Roundup, your regular smorgasbord 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.

A relatively quiet week on the news front, with courts having a well-earned Easter break.  Just a few items to focus on, with commentary appearing following the US Supreme Court’s oral hearing on the same-sex marriage.  The Employment Tribunal has found that conference motions and debates surrounding Israeli boycotts do not constitute anti-Semitism; and assistance is out there for litigants in person following the enactment of LASPO.

by Daniel Isenberg

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Eight Trends and Eight Challenges to the European Court of Human Rights – Paul Harvey

16 February 2016 by

Strasbourg_ECHR-300x297Introduction

The opening of the Strasbourg Court’s judicial year every January always provides an opportunity for reflection on the themes and challenges which will define the Court’s jurisprudence for the coming year. This year, the theme of the seminar held at the Court to mark that opening was “International and national courts confronting large-scale violations of human rights””. I should like to offer eight predictions as to the other themes which will define the work of the Strasbourg Court this year. Given the Court’s pending caseload is still over 64,000 cases, these predictions are necessarily impressionistic. It will be for readers to judge whether, by this time next year, they have proven accurate.

(1) Security

The Court will continue to grapple with the security situation in Eastern Europe. Foremost on its docket are the inter-state cases involving Russia and Ukraine, but the Grand Chamber will also return to the issue of jurisdiction in Transdniestria in Mozer v. Moldova and Russia, in which it held a hearing on 4 February 2015.

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Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – Millie Polimac

25 August 2016 by

Image result for front doors terrace guardian

Photo credit: the Guardian

No, said the Supreme Court in McDonald v McDonald [2016] UKSC 28 – read judgment.

Facts

Fiona McDonald was a private sector tenant.  The landlords were her parents who had purchased the property by obtaining a secured loan from a private company.  They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.

An Article 8 defence was raised as Fiona had mental health problems in the form of psychiatric and behavioural issues.

The Supreme Court rejected her defence for the following reasons.

No Article 8 assessment

The appellant argued that the court, as a public authority under s.6(1) of the Human Rights Act 1998 (‘HRA 1998’), was required to carry out an Article 8 assessment in such circumstances.
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No duty to snitch on another EU country’s asylum conditions

11 July 2012 by

Medhanye, R(on the application of ) v Secretary of State for the Home Department [2012] EWHC 1799 (Admin) (02 July 2012)  – read judgment

EU law is based on a central principle of mutual confidence. It therefore flies in the face of this trust to impose a legal duty on one member state to monitor whether another Member State was complying with its obligations under that law, including its obligation to respect fundamental human rights.

Background facts

The claimant, an Eritrean national, sought asylum in the UK, having previously claimed asylum in Italy. The secretary of state decided to remove him to Italy under Regulation 343/2003 (Dublin II). The claimant challenged the Secretary of State’s decision to certify as “clearly unfounded” his claim that removing him to Italy would breach his rights under the European Convention on Human Rights (“ECHR”). His application for judicial review was refused.
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Dr Naik, hate speech and the principle of expectation

29 December 2011 by

The Queen on the application of Naik v Secretary of State for the Home Department [2011] EWCA Civ 1546 – read judgment

The Court of Appeal has confirmed that the exclusion of an Indian Muslim public speaker  from the United Kingdom after making statements which breached the Home Office’s “unacceptable behaviours policy” was lawful,  and that any interference with his rights was justified.

We posted previously on the original exclusion of Dr Naik from the United Kingdom, and reported on his subsequent address by sattelite link to the Oxford Union.

The appellant had regularly visited the UK since 1990 on public lecture tours. In 2008 he was granted a five-year multiple entry visitor visa. In 2010, two days before he was due to arrive in the UK on a lecture tour, the secretary of state excluded him and revoked his visa. She considered that he had made a number of statements which were supportive of terrorists, such as Osama Bin Laden, and breached the “unacceptable behaviours policy” for exclusion from the UK.

The decision was based on the fact that several of his statements fell within the Home Office’s “Unacceptable Behaviour Policy”, an indicative guide to types of behaviour which would normally result in grounds for exclusion, and that his presence would not be conducive to the public good.The Administrative Court dismissed Dr Naik’s application for judicial review of this decision, holding that the Secretary of State’s responsibility for the protection of national security is a central constitutional role, and encompasses a duty owed to the public at large. It could not be overridden by reference to any representation or practice relating to an individual entrant.
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21 May 2018 by

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Another hall of mirrors human rights story from the Telegraph

27 October 2013 by

Screen Shot 2013-10-27 at 10.46.13Yesterday saw another poor piece of human rights reporting from the Telegraph, again from Home Affairs Correspondent David Barrett. Strasbourg human rights court threatens key counter-terrorism powers. It is a typical piece of hall-of-mirrors reporting; all of the basic elements are there but presented in a distorted and inaccurate way.

The piece is about the case of Sabure Malik, a British investment banker who was stopped by police in 2010 at Heathrow on his way back from an organised package tour to undertake the Hajj. Full details of his case, which is supported by Liberty, are in the Euoprean Court of Human Rights’ admissibility decision here. It was granted permission to proceed in May 2013, well before the David Miranda controversy which took place in August.

I’ll take this shortly.

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Warning: Wild Lawyers at Large

28 September 2010 by

A group of lawyers, academics and campaigners has been deciding how to shake up our legal landscape to make the future safer for our environment.

Sixty years of human rights and it feels like they’ve been with us for ever.  Two hundred and nine years since the founding fathers’ Bill of Rights came into effect in the United States; two hundred and eleven since the French National Assembly adopted the Declaration of the Rights of man. Now, there are more humans to seek out and flourish those rights than was ever imaginable in those brave new worlds.

In Paul Simon’s words, there are

Too many people on the bus from the airport

Too many holes in the crust of the earth

The planet groans

Every time it registers another birth

People’s rights and aspirations, as set out in these pioneering aristocratic instruments, may have reached the end of their useful life.

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An appeasement approach in the European Court of Human Rights? – Professor Helen Fenwick

17 April 2012 by

This piece asks whether, in the light of UK proposals for the reform of the ECtHR, and in the wake of the outcry in the UK over the Qatada decision (Othman v UK), the European Court of Human Rights (ECtHR) is taking an approach that looks like one of appeasement of certain signatory states. 

Two very recent decisions will be looked at which, it will be argued, contain appeasement elements. Each can be compared with a previous counter-part decision against the same member state which adopts a more activist approach; and each is not immediately obviously reconcilable with the previous decision. Is the Court revisiting the ‘true’ scope of the ECHR in a more deferential spirit?


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Analysis: Occupy London loses final eviction court challenge

29 February 2012 by

The Mayor Commonality and Citizens of London – v – Samede, Barda, Ashman, Randle-Jolliffe, Moore and Persons Unknown [2012] EWCA Civ 160 – Read judgment

Members of the Occupy London Movement who have been occupying an area close to St Paul’s Cathedral have had their applications for  permission to appeal the decision of the lower court to evict them refused by the Court of Appeal.  The judgment of Mr Justice Lindbolm was deemed ‘very full and careful’by the Master of the Rolls.  Shortly after midnight yesterday police began evicting occupants at the site.

In January we reported on the High Court battle between the City of London and the Occupy London Movement who had been occupying an area close to St Paul’s Cathedral. Mr Justice Lindbolm’s well-reasoned decision to grant possession, interlocutory and declaratory relief to the Mayor Commonality and Citizens of London meant that the Occupy Movement were to be evicted.

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Detention of man suspected of insurgency and terrorism was unlawful

27 May 2010 by

HXA v Home Office (King J) [2010] EWHC 1177 (QB) – Read judgment or our full case comment

The authorities’ statutory power to detain pending deportation had to be motivated purely by the need to remove a subject from the United Kingdom, not to ensure his surrender into custody of the authorities operating in the receiving country. A subject detained not only for the purpose of effecting his removal from the UK, but also for the purpose of investigating whether acceptable arrangements could be made to return him into detention in the receiving country, was being detained unlawfully.

The claimant sought damages and declaratory relief against the defendant both at common law for the tort of false imprisonment and pursuant to s. 6(1) and s.7(1) of the Human Rights Act 1998, by reason of a claimed breach of Article 5(1) of the European Convention of Human Rights.


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Reassessing the role of parliament in law and human rights – Brian Chang

14 October 2015 by

 

Credit: guardian.co.uk

Credit: guardian.co.uk

What is the role of parliament in the protection and realisation of the rule of law and human rights? Should there be a set of internationally agreed principles and guidelines on this issue to help parliaments develop their role? If so, what should be the content of any internationally agreed principles and guidelines? And how do we get international agreement on them? These were some of the questions posed and addressed at a recent high-level international conference held last month at Westminster. 

The conference heard about the growing international consensus about the importance of the role of parliament in the protection and realisation of the rule of law and human rights, which has emerged over the last five years. International and regional institutions, including the United Nations General Assembly, the United Nations Human Rights Council (HRC), the Council of Europe and the Commonwealth Secretariat, have taken a number of active steps to increase parliament’s role. Just last week, the HRC passed a third resolution at the close of its October 2015 session, addressing the “contribution of parliaments to the work of the HRC and its Universal Periodic Review” (link here).
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Rihanna wins against Topshop but does she have a right to her image? – Emily Goodhand

2 August 2013 by

Rihanna--010Fenty & Ors v Arcadia Group Brands Ltd (t/a Topshop) & Anor [2013] EWHC 2310 (Ch) – Read judgment

The ruling in the Rihanna/Topshop case marks a significant trend, both in case law and society, towards equating image with commodity. Increasingly, celebrities and sports personalities earn large sums of money from sponsorship and advertising deals because companies recognise that their image sells products. So how can so-called image rights be protected?

The legal regime around image rights has arisen out of common law concepts of property, trespass and tort (civil wrong). The common law system means that precedents for the protection of an individual’s likeness have arisen from judges’ decisions in cases involving unauthorised exploitation of a likeness where an individual has suffered damage as a result. Some US states have enacted specific legislation equating celebrities’ personality rights with property rights, where expiration of the rights occurs 70 years following the death of the celebrity.

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The serious lesson hiding behind the Express’s latest rights “outrage”

12 June 2013 by

BMgRvWRCYAEZ-DO.jpg-large12 June 2013 may go down in legal history. For it was the first time a national newspaper’s main headline was about the launch of a legal textbook. In a paradoxical explosion of free publicity for said book, the Daily Express reported that a new online guide to European asylum and immigration has caused “outrage” for helping “migrants claim British benefits”.

As you might expect, the article is as full of arrant nonsense as the new guide – which can be downloaded for free here – is full of useful information. Nonsense like this:

In a list of examples of past cases, it even cites Islamist cleric Abu Qatada’s successful ­challenge under human rights laws against Home Office attempts to send him back to ­Jordan to face terror charges

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State Immunity, Atheist Asylum and Children’s Views – the Human Rights Roundup

20 January 2014 by

Atheist bus campaignWelcome back to the UK Human Rights Roundup, your regular bustling bonanza of human rights news and views.  The full list of links can be found here.  You can find previous roundups here.  Links compiled by Adam Wagner, post by Sarina Kidd. 

After a long wait, the European Court of Human Rights delivered its judgment on state immunity in civil proceedings in Jones and Others v UK. Meanwhile, an atheist has been granted asylum on religious grounds and the Supreme Court ruled that a child’s views are relevant to the evaluation of their habitual residence.


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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 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 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 rehabilitation Reith Lectures Religion RightsInfo 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 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 USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wind farms WomenInLaw YearInReview Zimbabwe
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