Search Results for: justice and security bill


The Round up: Begum, knife crimes, Tamil Tigers and disability discrimination

25 February 2019 by

In the news 

This week has been dominated by Shamima Begum. On Tuesday last week, Home Secretary Sajid Javid issued an order depriving Ms Begum of citizenship under s.40(2) of the British Nationality Act 1981. The act authorises the Secretary of State to deprive a person of citizenship where this is “conducive to the public good” – but s.40(4) states that the order must not make the person stateless. 

The Home Office claimed compliance with s.40(4) on the basis that Ms Begum could claim citizenship from Bangladesh, in light of her Bangladeshi heritage, until the age of 21. However, on Wednesday, the Bangladesh Ministry of Foreign Affairs released a statement that Ms Begum was not a Bangladeshi citizen, and that there was ‘no question’ of her being allowed into the country. Ms Begum herself told the BBC, “I wasn’t born in Bangladesh, I’ve never seen Bangladesh and I don’t even speak Bengali properly, so how can they claim I have Bangladeshi citizenship?”


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CJEU Provides First Ruling on Net Neutrality Regulations

20 September 2020 by

Telenor Magyarország Zrt. Jv Nemzeti Média- és Hírközlési Hatóság Elnöke, Joined Cases  C‑807/18 and C‑39/19

The CJEU has ruled, in a first for that regulation, that the use of “Zero Tariff” contracts are inconsistent with its “Open Internet” regulation (Regulation 2015/2120). The regulation “aims to establish common rules to safeguard equal and non-discriminatory treatment of traffic in the provision of internet access services and end users’ rights”. Its intention is to legally establish the principle of ‘Net Neutrality’, whereby internet access providers are prohibited from giving preferential treatment (for example, limiting access or increasing traffic speeds) to specific websites and users.

The issue in this case was whether zero tariff contracts offered by Telenor, an Hungarian internet access provider, contravened net neutrality regulation. Zero tariff contracts provide data allowances to their users, (1 GB, for instance), which the consumer is allowed to use as they please. On running out of data, typically internet access would be stopped. However, in its two zero tariff contracts, called MyChat and MyMusic, certain websites and applications did not run down the data allowance. Furthermore, even once the data allowance had been used up, the same websites and applications could still be accessed, although otherwise no internet access was provided. 


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The Supreme Court on statelessness, EU citizenship and proportionality

31 March 2015 by

statelessnessPham v Secretary of State for the Home Department [2015] UKSC 19 – read judgment

Angus McCullough Q.C. and Shaheen Rahman from 1COR acted as Special Advocates earlier in these proceedings. They had nothing to do with the writing of this post.

On first glance, this was not a judgment about human rights. It concerned the definition of statelessness under article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, and raised issues of competence and jurisdiction in relation to EU citizenship. Its specific interest for human rights lawyers lies primarily in the observations about the principle of proportionality; and in where the case, which most certainly does raise human rights issues, is likely to go next.

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The Weekly Round-Up: Deprivations of citizenship, the state of the union and prison over Pride and Prejudice

24 January 2022 by

Eleanor Roosevelt UDHR.jpg

In the news:

On Friday, the Guardian reported on the earlier Freemovement.org quantitative analysis relating to deprivations of British citizenship. While it has been known and reported upon for some time, the analysis demonstrates a continued trend of increased deprivations, with a significant peak in 2017, when the number of people whose citizenship was removed soared by 600%.

Protected by Article 15 of the 1948 Universal Declaration of Human Rights following the Second World War, the right to a nationality was described by Hannah Arendt as the very ‘right to have rights’.  Nationality underpins individuals’ belonging to states, which can be the only true guarantors of individual self-governance through the medium of inalienable rights.

Prior to 2006, the power to remove citizenship had not been used since 1973. Now, strengthened by the Immigration, Asylum and Nationality Act 2006, which allowed the UK government to order deprivation of citizenship against its citizens where it believes it is ‘conducive to the public good’, 175 people have had their citizenship removed on national security grounds, and 286 due to fraud (even though the latter power relating to fraud was already enshrined in s.40 of the British Nationality Act 1981). The additional power to render individuals stateless was introduced by the Immigration Act 2014, under which the Secretary of State may remove citizenship where she has reasonable grounds for believing that the person deprived ‘is able’ to become a national of another country. This was most visibly achieved in the case of Shamima Begum, considered extensively on the UK Human Rights Blog.


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Climate change human rights litigation: is it so radical? Nicola Peart

9 May 2012 by

 In the UK there are at present no rights expressly cast in terms applicable to climate change, nor have our traditional human rights been extensively interpreted as covering climate change consequences. As David Hart QC identifies in his blog, Is climate change a human rights issue?, human rights principles, to be useful for climate change litigators, have to have some democratic backing somewhere. So is there any hope, in the near future at least, of formally or even informally establishing a link between climate change and human rights in the UK? Is human rights based climate change litigation as ‘radical’ as David Hart suggests?

Consider, for example, the situation where the avoidance of further climate change damage was possible through adequate mitigation and/or adaptation, but where adaptation measures were not implemented due to financial or technical constraints. Leaving aside the issue of whether the State would be liable for a moment, could existing human rights be engaged in this situation?

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Supreme Court rules rules that terror suspects assets cannot be frozen

27 January 2010 by

Her Majesty’s Treasury (Respondent) v Mohammed Jabar Ahmed and others (FC) (Appellants); Her Majesty’s Treasury (Respondent) v Mohammed al-Ghabra (FC) (Appellant); R (on the application of Hani El Sayed Sabaei Youssef) (Respondent) v Her Majesty’s Treasury (Appellant) [2010] UKSC 2

The Supreme Court has ruled that the Treasury cannot make orders to freeze the assets of terror suspects. The Terrorism (UN Measures) Order 2006 and the 2006 al-Qaeda and Taliban (UN Measures) Order were made under section 1 of the 1946 UN Act in order to implement resolutions of the UN Security Council, and were found by the Court to be unlawful.

As a preliminary point, the Court considered that a press report identifying M would engage article 8. In a separate judgment, the Court repealed all of the suspects’ anonymity orders, finding that these would not breach the suspects’ Article 8 rights to privacy.

Read press summary and full judgment relating to the asset freezing

Read press summary and full judgment relating to the anonymity orders

‘Subsistence’ and modern slavery — David Burrows

19 November 2018 by

iraq war human rights compensation civilian Camp Bassa compensation damages conflict of laws international humanitarian lawIn a week when Professor Philip Alston has so firmly – and publicly – emphasised the failures of the British government to appreciate the depth of poverty in the United Kingdom, it is instructive to have a view from the High Court as to a meaning of ‘subsistence’ in another, important, context, namely modern slavery.

In K & AM, R v Secretary of State for the Home Department [2018] EWHC 2951 Mostyn J was concerned with subsistence payments for victims of modern slavery. The case concerned whether the Home Office’s cut to payments made under this country’s internationally agreed obligations to provide support to victims of trafficking constituted a breach of the rights of the victims. The court gave judgment for the claimants, finding that the cut was unlawful.

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Turkish authorities did not do enough to protect rights of murdered journalist, says European Court

14 September 2010 by

Dink v. Turkey (applications no. 2668/07, 6102/08, 30079/08, 7072/09 and 7124/09) – This summary is based on the European Court of Human Rights press release.

In the case of Dink v. Turkey the European Court of Human Rights concluded that the authorities failed in their duty to protect the life and freedom of expression of the journalist Firat (Hrant) Dink, a prominent member of the Armenian minority in Turkey who was murdered in 2007.

Dink was a Turkish journalist of Armenian origin, and the publication director and editor-in-chief of Agos, a Turkish-Armenian weekly newspaper.

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Human rights news and case-law roundup

17 July 2010 by

We recently started adding links to interesting new articles and case-law the sidebar under the heading “Selected news sources”. Below is a quick rundown of the most recent links. The full list of links can be found here.

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The Weekly Round-Up: public executions, same-sex adoption and refugee rights

27 September 2021 by

In the news:

A spokesman for the Taliban has said that working women must stay at home for their own safety as “a very temporary procedure” until systems are in place to ensure their safety.  The spokesman also told Afghans not to go to Kabul airport and said the US should not encourage them to leave Afghanistan.

Last week, the former head of religious police for the Taliban confirmed that punishments such as execution and amputation would return to Afghanistan.  Prior to the takeover of Kabul, a Taliban judge told the BBC that Sharia law was clear and included punishments of 100 lashes in public for sex out of marriage, being stoned to death for adultery, and “[f]or those who steal: if it’s proved, then his hand should be cut off.”

On Saturday it was reported that the Taliban hung the bodies of four alleged kidnappers from cranes in Herat city square, before moving them to other areas of the city for public display. An unidentified Taliban commander said the aim was “to alert all criminals that they are not safe”.

In other news:


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EU border transit zones and deprivation of liberty: Ilias v Hungary

19 March 2020 by

Amid recent news reports of Turkey’s re-opening of migration routes to Europe, clashes at the Turkey-Greece border, and EU countries closing their borders due to Covid-19, this post looks back to a decision from the ECtHR Grand Chamber last November and the applicability of Article 5 ECHR in temporary border transit zones. 

Ilias v Hungary (Application no. 47287/15) was the first case in which the ECtHR considered a land border transit zone between two member states of the Council of Europe, where the host state, Hungary, was also a member of the EU and had applied the safe third country rule under the EU asylum regime. The Grand Chamber held that the applicants’ detention did not breach Article 5 (the right to liberty and security of the person).

Image credit: The Guardian

The applicants, Mr Ilias and Mr Ahmed, were both Bangladeshi nationals who had left Bangladesh at different times and in differing circumstances. They met in Greece and then traveled together to the Former Yugoslav Republic of Macedonia, then to Serbia, and then to Hungary. On 15 September 2015 they arrived in Hungary and entered the border transit zone at Röszke. They submitted asylum requests on the same day. Within several hours their requests were rejected as being inadmissible and they were ordered to be expelled from Hungary back to Serbia as a safe third country. The applicants then spent 23 days in the transit zone whilst they appealed this decision. On 8 October 2015, following a final decision of the Hungarian courts which rejected their applications for asylum and ordered the applicants’ expulsion, Mr Ilias and Mr Ahmed were escorted out of the transit zone and crossed the border back into Serbia.


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Convicted prisoner has no entitlement to all the rights enjoyed by others

14 October 2013 by

prison2aCossey, R (on the application of) v Secretary of State for Justice [2013] EWHC 3029 (Admin) – read judgment

The High Court has dismissed an “absolutely meritless” claim by a prisoner that, in serving the non-tariff part of his sentence, he should be afforded all the Convention rights enjoyed by prisoners on remand or those serving time for civil offences such as contempt of court.  As he had been deprived of the full panoply of rights, he said, he was a victim of discrimination contrary to Article 14.

This, said Mostyn J, was

 The sort of claim that gives the Convention, incorporated into our domestic law by the Human Rights Act 1998, a bad name and which furnishes its critics with ammunition to shoot it down.

Were the key architect of the Convention, Lord Kilmuir, alive today, continued the judge, “he would be amazed to be told that a claim for violation of Article 14 was being advanced on the facts of this case.”
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What lies beneath the Commission on a Bill of Rights report – Amy Williams

20 December 2012 by

COMBARDon’t be fooled! We have been led to believe there was a two-way split on the government-appointed Bill of Rights Commission, which published its report on Tuesday, but the split was at least three-way. The Commissioners tell us that ‘it [was] not always easy to disentangle in the opinions expressed to [them] what are tactical positions rather than fundamental beliefs’. The same must surely be said of the report’s seven ‘majority’ authors.

The two dissenters who did not sign up to the majority’s conclusions – Baroness Kennedy of the Shaws QC and Philippe Sands QC – are clear: the time is not ripe for a new UK Bill of Rights. This is because (a) the devolution arrangements in the UK, in which the HRA is successfully embedded, are potentially about to undergo significant change (post-Scottish referendum) (b) the majority of respondents  to the Commission’s consultation support the HRA as the UK’s Bill of Rights which incorporates the ECHR rights (but not the European Court case law) into domestic law and (c) for some Commissioners, a Bill of Rights would be a means to decoupling the connection between the United Kingdom and the European Convention on Human Rights (ECHR). In sum, “the case for a UK bill of rights has not been made” and the arguments against such a Bill “remain far more persuasive, at least for now.”

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Foreign Secretary pledges to ‘strengthen’ human rights focus

15 September 2010 by

Updated British Foreign Policy will put more emphasis on protecting human rights, the Foreign Secretary said in a speech today at Lincoln’s Inn.

It has been widely reported this morning that Mr Hague will argue that a focus on human rights is inextricably linked to the UK’s security and standing, and in the context of the upcoming torture inquiry, “directly linked to the belief of others that we will do what we say and we will not apply double standards“.

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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 candour 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 legality 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 public law rehabilitation Reith Lectures Religion RightsInfo Right to assembly 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 sexual orientation 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 UK Supreme Court unduly harsh USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wind farms WomenInLaw YearInReview Zimbabwe
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