Search Results for: bill of rights


Identity of social workers may be published following fostering bungle

13 January 2013 by

question-mark-face Bristol City Council v C and others [2012] EWHC 3748 (Fam) – read judgment

This was an application for a reporting restriction order arising out of care proceedings conducted before the Bristol Family Proceedings Court. The proceedings themselves were relatively straightforward but, in the course of the hearing, information came to light which gave rise to concerns of an “unusual nature”, which alerted the interest of the press.

Background

After family court proceedings decided that child A was at risk of violence from her father, an interim care order was implemented and A was moved to foster carers. However some time afterwards the local authority received information from the police suggesting that someone living at the address of A’s foster carers had had access to child pornography. A also told social workers that another member of the foster household (also respondent to this action) had grabbed her around the throat. As a consequence police and social services visited the foster carers, informed them of the concerns about pornography, removed all computers from the house and moved A to another foster home. On the following day the male foster carer was found dead, having apparently committed suicide.
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ALBA Conference 2019: A Review

7 October 2019 by

This post is the first in a series of five reports by Conor Monighan from this year’s conference held by the Administrative Law Bar Association. We will be publishing the next four posts over the next month every Monday.

This year’s ALBA conference featured an impressive list of speakers. There were talks from a Supreme Court judge, a former Lord Chancellor, top silks, and some of the best academics working in public law.

alba

The conference covered a number of practical and substantive topics. The highpoint was an address given by Lord Sumption, in which he responded to criticism of his Reith Lectures. This post, together with those that follow, summarises the key points from the conference.


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Bill of Rights Commission: loading the dice?

23 September 2012 by

Jonathan Fisher QC wrote an opinion piece in last week’s Jewish Chronicle entitled “The wrongs of human rights“.  The article is highly critical of the human rights movement and raises the alarm over recent decisions on religious rights and “growing attacks on our traditions”. It also makes a strong case for the adding of a list of “responsibilities” to the Human Rights Act, which Fisher argues would be “more closely aligned with Judaism’s approach”. The article pulled no punches and chose the most emotive of starting points:

Using human-rights principles to attempt to ban circumcision in Germany is a grotesque insult to the memory of Holocaust victims. The Jewish jurists who helped inspire the human-rights movement must be spinning in their graves at the intellectual violence that their legacy has spawned.

I have written before about the misuse of the Holocaust to justify arguments for reforming the Human Rights Act (the human rights debate has its own version ‘Goodwin’s Law‘). But I will leave the substance of the article for another day – I will be responding soon in the same newspaper. Rather, I wanted to discuss  the timing of the article.

As regular readers may know, Fisher is one of the eight member of the Commission on a Bill of Rights, which is currently consulting the public for a second time (see my post). The consultation is closing on 30 September 2012 and the Commission is due to report before the end of the year. No mention is made of the fact that Fisher is a Bill of Rights Commissioner; he is described as a “visiting professor of law at the London School of Economics”.

Does anyone else find this a little odd?
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The Chagossian Wikileaks cable judgment, fishing rights and a dose of EU law

11 June 2013 by

330px-ChagosmapBancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 11 June 2013 read judgment

The Divisional Court has now dismissed  the claim by Mr Bancoult on behalf of the Chagossian islanders. He had challenged the designation of the waters around the islands as a “no take” Marine Protected Area, i.e. one which could not be fished. 

Mr Bancoult said that the decision was flawed (i) by having an improper purpose (it would put paid to the Chagossians’ claims for resettlement); (ii) by inadequate consultation and (iii) by amounting to a breach of an EU obligation to promote the economic and social development of the islands. The Court ruled against all these claims.

The case has, to say the least, quite a back-story. It started with the Chagossians’ eviction from their islands in the Indian Ocean in the late 1960s and early 1970s,  on which I have posted here, here, and, in Strasbourg, here. After a judgment from the courts in 2000, the Foreign Office accepted that the original law underlying their departure was unlawful, and agreed to investigate their possible resettlement on some of their islands.

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Supreme confusion

26 January 2011 by

As the UK Supreme Court Blog points out, our highest court of appeal has updated the “frequently asked questions” section of its website.

Of particular interest are the answers to two questions. The first is probably the most important question the public ever asks about the court, namely whether, once a case has wound its way through the expensive and long-winded English court system, the final decision of the court can overrule the UK Parliament. Appropriately, the question is the first on the list. The answer is no:

 

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Supreme Court rules that presumption against children giving evidence not reconcilable with rights to justice under the Convention

11 February 2010 by

Re W (Children) [2010] UKSC 12

SC (Lord Walker, Lady Hale, Lord Brown, Lord Mance, Lord Kerr) March 3 2010

The facts of this case are set out in the report of the Court of Appeal judgment below. In the Supreme Court the stepfather continued his submission that there should be no presumption against a child giving evidence, as that gave insufficient weight to the rights of all concerned under the European Convention on Human Rights 1950.

Read the judgment

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Why be nice? Human rights under pressure

16 February 2011 by

The latest episode in the soap concerning our relationship with Strasbourg may end in a fizzle rather than a cliffhanger, but it has provoked some useful soul-searching about the vision of the good embodied in the ECHR, and its monopoly on the right to govern social life.

Derogating from the ECHR or even pulling out of Strasbourg altogether have ceased to be taboo subjects for discussion, but the fear seems to be that the consequence of such defection would mean reversion to selfish nationalism. Is this a bad thing?

This question is not as facetious as it seems and answering it is central to the long term maintenance of a set of principles by which states agree to live.
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Tiny cells, violence and language barriers: the life of a European prisoner?

22 June 2011 by

The European Commission has begun a consultation process to explore the impact of pre-trial detention in the European Union (EU). The particular focus, summarised in its Green Paper, is how pre-trial detention issues affect judicial co-operation generally within the EU.

The issue is being debated at the moment in the UK, with a group of MPs urging an overhaul to international extradition rules. The Joint Committee on Human Rights has published its report on The Human Rights implications of UK extradition policy (read summary here), in which it concludes that the current statutory framework does not provide effective protection for human rights.

The EU has an interest in these questions, given the fundamental rights which is seeks to uphold. Article 4 of the EU Charter mirrors Article 3 of the European Convention on Human Rights, prohibiting torture and inhuman and degrading treatment.

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Exceptional legal aid funding should not be limited to extreme cases – Court of Appeal

17 December 2014 by

legal-aidR (on the application of) Gudanaviciene and others v The Director of Legal Aid Casework and others [2014] EWCA Civ 1622 – read judgment

The Court of Appeal has ruled that the Lord Chancellor’s Guidance on exceptional funding in civil legal aid is incompatible with the right of access to justice under Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. The Court has further decided that this Guidance was not compatible with Article 8 of the ECHR in immigration cases; in other words, that legal aid should not be refused when applicants for entry to the UK seek to argue that refusal of entry would interfere with their right to respect for private and family life.

This was an appeal against a ruling by Collins J in the court below that the appellant Director’s refusal to grant the respondents exceptional case funding under Section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in their immigration cases was unlawful.
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Case comment: Human rights, proportionality and local authority evictions

5 November 2010 by

Updated | We posted earlier on the Supreme Court ruling in Manchester City Council (Respondent) v Pinnock (Appellant), that requires courts to be satisfied that any order for possession sought by local authorities must be “in accordance with the law”, and (ii) “necessary in a democratic society” – that is, that it should be proportionate in the full meaning of the word.

How far this takes us from the previous position, where the role of the county court was limited to conducting a conventional judicial review of the councils’ decision in such cases, remains to be seen.

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The Weekly Round-up: An ‘Attack’ on Human Rights and Two Failed Judicial Reviews

14 December 2020 by

Photo: Andrew Parsons

In the news

This was a busy week. It saw the beginning of a nationwide vaccine roll-out and protracted negotiations in Brussels to stave off a no-deal Brexit (which remains a ‘high probability’ according to the Prime Minister). It also saw the Government announce the appointment of retired Court of Appeal judge Sir Peter Gross to lead the review of the application of the Human Rights Act 1998 in the UK Courts. This review will look at the relationship between UK courts and the European Court of Human Rights in Strasbourg; the impact of the Human Rights Act on the relationship between judiciary, executive, and Parliament; and the application of the Human Rights Act to actions taken outside the UK.

Moving to Brexit, the House of Lords voted on Monday to approve a Labour amendment to the Government’s Trade Bill. The amendment requires that Ministers undertake a human rights impact assessment for any trade deal, and must revoke an agreement in any case where potential genocide is found in a UK High Court ruling. The measure has been proposed in response to allegations that China is committing genocide against the Uighur Muslims in Xinjiang province.


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Article 8 tweaked, human rights exam passed – the Human Rights Roundup

11 June 2012 by

Welcome back to the UK Human Rights Roundup, your 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.

Thanks to the Jubilee, it was a short week for most of us but there was still plenty happening in the world of human rights. Hot topics included the criminalisation of forced marriage and the UK’s second UPR, and as usual the debate surrounding the Justice and Security Bill rages on. And, today the Home Secretary will unveil her plans to persuade judges to alter how they interpret Article 8 of the European Convention on Human Rights.

by Wessen Jazrawi

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Cameron hits Strasbourg – The Human Rights Roundup

29 January 2012 by

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”.

Unsurprisingly, this has been heavily commented on in the press. Adam Wagner posted on the build-up, Professor Francesca Klug minced no words in the follow-up and Joshua Rozenberg  reported on the ensuing discussion between Cameron and the secretary-general of the Council of Europe – see also Deciding the future of human rights court … in Brighton. Also worth reading is The Small Places heartfelt and insightful defence of human rights, Obiter J’s excellent post and Beyond Abu Qatada: Why The UK Shouldn’t Split From the European Court of Human Rights in the Huffington Post (UK edition).


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The Round-Up: Holyrood’s Hard-line, and Sumption’s Long Game

29 September 2015 by

SumptionLaura Profumo brings you the latest human rights happenings.

In the News: 

Nicola Sturgeon, the Scottish First Minister, announced last week that it was “inconceivable” that the SNP would support the Conservative plans to scrap the Human Rights Act. Talking to an audience in Glasgow on Wednesday, Sturgeon pledged her unequivocal commitment to block the HRA-repeal. Sturgeon warned that human rights remained a “devolved issue”, meaning that Scottish opposition might well hamper Gove’s forthcoming efforts. Many find sympathy with Sturgeon’s stance. Sturgeon values the HRA as a “careful model” which incorporates human rights protection into UK law, without upsetting our constitutional bedrock, writes Alex Cisneros in The Justice Gap.
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Lords clash over prisoner voting and European meddling

20 October 2010 by

Updated | The House of Lords debated the vexed issue of prisoner voting yesterday, leading to a somewhat bad-tempered clash between a former Lord of Appeal and the new minister of state for justice.

The debate related to the 2005 decision of Hirst No 2, in which the European Court of Human Rights held that preventing prisoners from voting breached their human rights. The judgment has not yet been implemented in the UK, leading to repeated condemnations from the Council of Europe, which monitors compliance the Strasbourg court’s rulings. The CoE will reexamine the issue on 30 November, when it may decide to sanction the UK.

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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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