We use cookies to enhance your browsing experience. If you continue to use our website we will take this to mean that you agree to our use of cookies. If you want to find out more, please view our cookie policy. Accept and Hide [x]
Hello all, and happy holidays! 2012 has been a cracking year for the UK Human Rights Blog. As is customary, below are the top 2012 posts by hit count, but also a few of my own highlights of 2012:
After just over two and a half years in operation the blog is now achieving our aim (we hope) of informing and enhancing the human rights debate, which is no less controversial and caricatured than it was in March 2010.
The weekly Human Rights Roundups have become one of the most popular features of the blog, thanks to our fantastic updaters Daniel Isenberg, Sam Murrant and Wessen Jazrawi who moved on to other things in 2012.
In our third year we smashed one million hits and are already getting close to two million. We are regularly quoted across the media and for the first time this year, in the Northern Ireland Assembly. We are now getting close to 100,000 hits per month and are consistently ranked as the top legal blog on the ‘e-buzzing’ influence rankings.
We have over 4,000 email subscribers (just enter your email address in the box to the right to subscribe for free), over 2,000 on our Facebook fan page and 2,000+ on our @ukhumanrightsb Twitter account. You can also follow me on @adamwagner1 and my fantastic co-editors Angus McCullough QC on @amccqc and Rosalind English on @rosalindenglish.
Thank you to all of the fantastic contributors from 1 Crown Office Row (the barristers’ chambers which runs the blog) as well as guest contributors from elsewhere, who have contributed to almost 1,500 individual posts. I have taken more of a back seat editorial role this year so as to get on with my day job (I am a practising barrister, honest – you can read about me here), an arrangement which has strengthened the blog.
Thank you also to all of those who have commented on individual posts both on the blog and on Twitter, which has been particularly vibrant in legal debates this year. Some of those debates have been fantastic and they add immeasurably to the content on the blog. As always, we welcome comments on any aspect of the blog, including the refreshed design which you may have noticed in the past few days. Thank you also to the growing army of fantastic legal bloggers (see our links section on the sidebar) who regularly link to the blog in their own post.
One final reminder: all of our blog posts are categorised by legal topic and article of the European Convention on Human Rights: you can access the categories by way of the drop down menu on the right sidebar (for example family law, technology, Article 8 etc) as well as by clicking categories under individual posts. Our index of European Convention Rights is here.
Without further ado, here are the top twenty posts of 2012:
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.
“If the Conservatives come back into power it’s revolution time”. These are the words of ex-Court of Appeal judge Sir Antony Hooper at a legal aid protest rally on Thursday, as he called for lawyers to ‘walk-out’ in the event of a Conservative victory. At the same rally another senior judge, Sir Alan Moses, lamented that all political parties are ignoring “the plight of those who [cannot] afford a lawyer” – citing that only the Greens have pledged to reverse the cuts to legal aid.
However, academic Graham Gee warns against using disrespectful rhetoric when analysing the Tory manifesto. He argues people should avoid “creating an impression that [Conservative] proposals are beyond-the-pale and reflective only of short-term, self-interested calculations”.
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.
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. Continue reading →
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. Continue reading →
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.
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.
Should you decide it is time to unsubscribe, a link will be included with each email so it is easy to update your details. If you have any questions about how we use your data or how to invoke your right to be forgotten, please see below or download our UK Human Rights Blog Privacy Policy.
Privacy Policy
Scope
All processing of personal data in the context of the UK Human Rights Blog by 1COR is within the scope of this policy.
Responsibilities
The UK Human Rights Blog Editorial Board is responsible for ensuring that this privacy policy is correct and available on the blog website and to make all data subjects aware of the contents of this notice prior 1COR commencing collection of their data.
All members of the UK Human Rights Blog Committee and technical support who need to collect personal data are required to follow this procedure.
Privacy Notices
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 dpo@1cor.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,
Temple,
London
EC4Y 7HH
Yesterday 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.
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.
Russia’s state prison service released a public statement on Friday reporting that opposition leader and vocal Kremlin critic Alexei Navalny has died in prison. Russian authorities are reportedly refusing to release the body, raising questions about the manner of his death. Navalny was sentenced in 2023 to 19 years imprisonment on a plethora of extremism charges, which he was serving in the Polar Wolf penal colony in the Arctic Circle. Lord Cameron, Foreign Secretary, said to broadcasters at the Munich Security Conference that ‘we should hold Putin accountable for this. And no one should be in any doubt about the dreadful nature of Putin’s regime in Russia after what has just happened’, while UK Security Minister Tom Tugendhat, in a post on X (formerly Twitter), has directly accused Vladimir Putin of murdering Navalny in order to silence him. Multiple judgments have been previously issued by the European Court of Human Rights finding that Navalny’s rights to fair trial, liberty and security, and freedoms of expression and association had been violated by Russian authorities.
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?
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 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.
Bancoult 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.
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.
Our privacy policy can be found on our ‘subscribe’ page or by clicking here.
Hello all, and happy holidays! 2012 has been a cracking year for the UK Human Rights Blog. As is customary, below are the top 2012 posts by hit count, but also a few of my own highlights of 2012:
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 (
Welcome back to the UK Human Rights Roundup, your regular smorgasbord of human rights news. The full list of links can be found 
Recent comments