Welcome 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.
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.
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.
No, said the Supreme Court in McDonald v McDonald  UKSC 28 – read judgment.
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. Continue reading →
Medhanye, R(on the application of ) v Secretary of State for the Home Department  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.
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. Continue reading →
The Queen on the application of Naik v Secretary of State for the Home Department  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.
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. Continue reading →
Welcome to the UK Human Rights Blog! Thank you for subscribing to receive our updates, latest posts and human rights news.
Because of the new GDPR legislation concerning data protection, we must ask you whether you wish to receive emails from us.
All we need from you is a verification that you want to receive our news, events and updates. Simply click on the link below to verify your account and get all the latest information straight to your inbox. (If you don’t receive an email, please remember to check your Junk folder.)
This is a fascinating time for human rights law, with some major cases being heard by the courts over the next few months, and of course the Brexit continuing to be thrashed out. We hope that you will decide to continue subscribing.
All processing of personal data in the context of the UK Human Rights Blog by 1COR is within the scope of this policy.
All members of the UK Human Rights Blog Committee and technical support who need to collect personal data are required to follow this procedure.
When personal data is collected from data subject with consent:
1COR is transparent in its processing of personal data and provides the data subject with the following:
The UK Human Rights Blog’s identity, name and brand, the contact details of 1COR and any data protection representatives;
Where relevant, 1COR’s legitimate interests that provide the legal basis for the processing;
Any information on website technologies used to collect personal data about the data subject, such as Mail Chimp or WordPress;
Any other information required to demonstrate that the processing is fair and transparent.
Privacy notice for this personal data processing is recorded.
When personal data has been obtained from a source other than the data subject:
The data subject will be contacted to ensure that they have consented for their personal data to be processed.
The Privacy notice for this personal data processing is recorded.
1COR provides the information stated above to the data subject:
Within one month of obtaining the personal data, in accordance with the specific circumstances of the processing;
When first communicating in circumstances where the personal data is used to contact the data subject;
When personal data is first provided in circumstances where the personal data is disclosed to another recipient.
The above clauses do not apply:
If the data subject already has the information;
If the provision of the above information proves impossible or would involve an excessive effort;
If obtaining or disclosure of personal data is expressly identified by Member State law; or
If personal data must remain confidential subject to an obligation of professional secrecy regulated by Member State law, including a statutory obligation of secrecy.
Third Party Data Processing
Our Editorial Team, comprised of 1COR members, our Academic Consultant Rosalind English and the 1COR Marketing Manager, manage the UK Human Rights Blog and have access to any data submitted to the blog. This enables them to approve comments, monitor spam and manage the email subscription service.
The UK Human Rights Blog uses third parties to manage the website and process personal data in accordance with the data subject’s preferences. The third parties, and how the UK Human Rights Blog uses them, are outlined below:
WordPress: The UK Human Rights Blog is a wordpress website, any information supplied by commentators, contributors, authors, Editors and Administrators is stored by WordPress.
MailChimp: Our email subscription service is run by MailChimp as a Data Processor. All personal data is held by them to use only for the purposes of this subscription service and to record consent. MailChimp enables the UK Human Rights Blog to contact the data subject to gain consent to hold their data and receive regular emails as part of their subscription service. They reserve the right to internally study accounts to improve their service and spot problem accounts.
Tela: The UK Human Rights Blog technical support and 1COR web design agency.
Data required by WordPress to allow for comment on our articles is stored by WordPress and only reviewed by the Editors to prevent spam accounts. Data subjects are automatically asked to manage their preferences by WordPress when commenting and can choose to comment using their twitter, WordPress or Facebook accounts instead of providing contact details.
How to Unsubscribe and the ‘Right to be Forgotten’.
At any point the data subject can unsubscribe from the UK Human Rights Blog subscription service. An option to unsubscribe is included in every subscription email which automatically unsubscribes that email address. Once unsubscribed, your data is held by MailChimp in an inactive unsubscribe list.
To invoke your ‘right to be forgotten’, please email our Data Protection Officer at email@example.com with ‘right to be forgotten’ in the subject line. Your request will be acknowledged and all personal data deleted after a 6 month retention period.
At any point, our Editorial Team reserve the right to unsubscribe or delete the data subject’s personal data without prior warning.
1 Crown Office Row Contact
Data Protection Officer
One Crown Office Row,
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.
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.
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?
The Mayor Commonality and Citizens of London – v – Samede, Barda, Ashman, Randle-Jolliffe, Moore and Persons Unknown  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.
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.
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). Continue reading →
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.
12 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”.
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
Welcome 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.
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.