Human Rights Act


A shock decision?

15 February 2011 by

JR1, Re Judicial Review [2011] NIQB 5 – Read judgment

A decision of the Northern Ireland high court has highlighted the continued narrow definition of “standing”, or the right to bring a claim, under the Human Rights Act 1998.

An 8-year-old child applied to bring a claim, which included a challenge under Article 2 of the European Convention on Human Rights (the right to life), to the decision by police to introduce tasers in Northern Ireland.


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Human rights roundup: Sovereignty clause, forced marriage, more Stig

8 October 2010 by

 

 

Ain't no sovereignty clause

 

Some of this week’s human rights news, in bite-size form. The full list of our external links can be found on the right sidebar or here.

Speeches: “The English Law of Privacy: An Evolving Human Right” – Lord Walker – UKSC blog: Supreme Court Justice Lord Walker of Gestingthorpe gave a speech to Anglo-Australasian Lawyers Society on the subject of privacy.  The lecture contains an interesting overview of the current law of privacy, particularly in relation to the media.

Kenneth Clarke reveals what cuts will mean for the courts – Joshua Rozenberg: The Ministry of Justice has to make £2bn cuts from its £9bn budget (see our post on where the cuts are likely to come from). According the justice ministers’ Tory conference speech, legal aid is in line for a “total review” – no surprises there – and that popular panacea, alternative dispute resolution, will be encouraged and court discouraged. Rozenberg concludes: “Things are not going to get better and nobody should pretend otherwise. All we can hope for is the best publicly funded legal system that we can afford.” Difficult times ahead for access to justice.

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The future of human rights, a decade on

6 October 2010 by

Two prominent public law barristers spoke last night on the future of the Human Rights Act at the annual seminar organised by the Constitutional and Administrative Bar Association.

The seminar had a special significance as the HRA has just celebrated its 10th birthday. Both speakers looked to the future of the act in light of the coming budget cuts and economic austerity policies.

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Happy 10th birthday Human Rights Act

2 October 2010 by

Updated x 2 Today marks ten years since the Human Rights Act 1998 came into force, on 2 October 2000. The act brought UK citizens under the protection of the European Convention on Human Rights. For ten years, it has been unlawful for a public authority to breach those rights.

We at the UK Human Rights Blog wish the oft-maligned act a very happy birthday. We, along with our sister-site the Human Rights Update Service, have been covering human rights case-law since 2000.

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The future of the Human Rights Act, a reminder

22 September 2010 by

Lord McNally

Lord McNally, the minister of state for justice, has told the Liberal Democrat Party conference that the Justice Ministry is looking at the Human Rights Act, not to “see how we can diminish it”, but so it can be “better understood and appreciated.”

There will be, he said, “no retreat” over human rights. His comments have been reported as “likely to anger” backbench Tory MPs, who have “long criticised the HRA”.

In reality the reports may cause anger, but they will come as absolutely no surprise. Whilst it is true that the Conservatives pledged in their election manifesto to repeal the act, a lot has happened since then.

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Lord Bingham tributes: ‘a passionate supporter of the Human Rights Act’

13 September 2010 by

We posted yesterday on the sad death at age 76 of Lord Bingham of Cornhill, former Lord Chief Justice, Master of the Rolls and law lord. There have been a number of tributes to the highly respected jurist:

Alex Bailin QC, on the UK Supreme Court Blog – this is well worth reading: “Despite having had a largely commercial practice at the Bar, his legal legacy will surely be grounded in the body of human rights jurisprudence which he created from 2000 until his retirement in 2008… Although his Opinions in human rights cases were generally measured in tone, he was undeniably a passionate supporter of the Human Rights Act.  In his address (when he was Lord Chief Justice) to the House of Lords during the passage of the Human Rights Bill, he famously quoted Milton’s Areopagitica in support of the proposed progressive reform: “Let not England forget her precedence of teaching nations how to live.”


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The ripple effect from Guantanamo Bay to the English courts

23 August 2010 by

Review: The Ripple Effect: Guantanamo Bay in the United Kingdom Courts” by CRG Murray, International Law Review Online Companion, April 2010 – Read article

A new academic article by C.R.G Murray at Newcastle University analyses the interesting and important line of case-law arising from claims by men detained in Guantanamo Bay. The case-law has involved many issues of a politically sensitive nature and generated much media coverage and pressure on the British Government. The ripple effects from the detentions have led to a series of important judgments.

Murray’s article reviews important case-law arising from detention at Guantanamo Bay and the impact it has had on the decisions reached by the courts. Murray concludes that the case-law demonstrates two major ‘ripple effects’: (1) judicial review has been used to press the British Government into being more active in opposing detentions at Guantanamo Bay; (2) where serious human rights breaches are in issue, the courts have been more willing to disregard historic concepts of comity between courts in different jurisdictions and give their own view of the correct interpretation of law for the benefit of appellate courts in the United States.

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Was human rights on battlefield decision binding?

1 July 2010 by

It is possible that yesterday’s controversial Supreme Court decision on human rights on the battlefield was merely an academic exercise and therefore not binding on future courts.

There has been significant commentary and conjecture over the decision in R (Smith) v Secretary of State for Defence & Anor (see our post or read the judgment). The Supreme Court seemed to have decided by a 6-3 majority that the Human Rights Act did not apply once a soldier stepped out his or her base, therefore reversing a previous decision by the Court of Appeal that it did.

But the most interesting comments from a legal perspective have been on the question as to whether the decision was in fact binding. Adrian O’Neil QC picked up the point in an interesting commentary piece on the UK Supreme Court Blog.

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Stalking, psychosis and detention: Habeas Corpus under the Human Rights Act

17 June 2010 by

TTM v London Borough of Hackney & Ors [2010] EWHC 1349 (Admin) (11 June 2010) – Read judgment

A man accused of harassing women he did not know has failed in his human rights challenge to his detention under the Mental Health Act 1983. Having successfully secured a writ of habeas corpus to release him from a mental health institution, he has lost his initial bid for the High Court to declare that his detention ran contrary to his human rights. He is now appealing the decision.

This case has raised important questions about the extent of the ancient right of habeas corpus (relief from unlawful detention) and its interaction with the far more recent Article 5 of the European Convention on Human Rights 1950 (“ECHR”), as well as the ability of any wronged claimant to recover damages in circumstances where they are wrongly detained.

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Human Rights Act helps fight terrorism says head of Supreme Court

9 June 2010 by

Lord Phillips comes out in support of the Human Rights Act

Lord Phillips

Lord Phillips of Worth Matravers, the head of the UK Supreme Court, has responded to accusations that the Human Rights Act is hampering the fight against terrorism, and that “respect for human rights is a key weapon in the ideological battle”.

With reports this morning that the Government has written to High Court judges encouraging then not to delay a deportation flight to Bagdad, the speech presents a well timed defence of judicial independence.

The Gresham Special Lecture: The Challenges of the new Supreme Court is available in text and audio format. Lord Phillips used the opportunity to defend the judiciary in light of their regular use of the Human Rights Act to limit the effects of the anti-terrorism laws enacted by the government in the past decade, including controversial measures such as control orders and the Special Immigration Appeal Commission (SIAC). He said:

After 9/11 the British Government decided that the threat of terrorism in Britain was such as to amount to a public emergency threatening the life of the nation and purported, on that ground, to derogate from the Convention.

He continued:

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Man arrested for child photos entitled to human rights damages

4 June 2010 by

R (on the application of ASO MOHAMMED) v CHIEF CONSTABLE OF WEST MIDLANDS [2010] EWHC 1228 (Admin) – Read Judgment

A man who was arrested and cautioned for taking naked pictures of his girlfriend’s child has had his caution quashed and has been awarded £500 damages under the Human Rights Act. The case demonstrates that human rights claims can be successful against the police, and raises questions as to whether sex offender laws are being used overzealously.

We posted last month on the difficulty of bringing human rights claims when the police have made mistakes. This case provides an example of where human rights law can assist, and demonstrates what kinds of questions a court must ask itself before awarding damages under section 8 of the Human Rights Act 1998.

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Coalition civil liberties policies may be uncontroversial quick wins

24 May 2010 by

The Economist has provided a useful analysis of the Coalition Government’s proposed policies on civil liberties.

The article highlights the fact that the policies detailed may not represent the transformative change which Nick Clegg suggested in his reform speech, but rather “uncontroversial quick wins” which will be dwarfed in policy terms by the incoming government’s policing and immigration policies:

The disagreements can probably be haggled away, with the Lib Dems getting their way (eventually) on human rights in return for agreeing to control orders. Coalition government is such a novel and interesting thing that almost any fudge or u-turn can be passed off as a natural product of the “new politics”, at least for now.
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Coalition agreement calls for Human Rights Act Plus, but will it last?

21 May 2010 by

The full Coalition agreement is now available, and has made things a little clearer on the new government’s plans for the Human Rights Act. But will the promised review of the 1998 Act be anything more than a time-wasting exercise born of irresolvable disagreements between the partners on fundamental rights, and will the changes last?

“The Coalition: our programme for government” is available to download here. The civil liberties section is largely the same as in the draft agreement published last week, but with an added section on the recently announced Commission to

investigate the creation of a British Bill of Rights that incorporates and builds on all our obligations under the European Convention on Human Rights, ensures that these rights continue to be enshrined in British law, and protects and extends British liberties. We will seek to promote a better understanding of the true scope of these obligations and liberties.

We posted earlier in the week on three possible outcomes arising from the Commission; first, full repeal of the 1998 Act, second, repeal and replacement with a Bill of Rights or, third, create in effect a “Human Rights Act Plus”, which would bolster the 1998 Act whilst maintaining the UK obligations under the European Convention. As predicted, it appears that the third option has been selected, but under the Bill of Rights banner.
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Terror case reopens debate on repeal of Human Rights Act [updated]

19 May 2010 by

Debate reopened

We posted this morning on the case of the “Pathway students”, in which two suspected terrorists used human rights law to avoid deportation due to fear of torture. Almost immediately after the decision was announced, the BBC reported that a “commission” is to be set up to address the future of the Human Rights Act. Has the case prompted a swift reconsideration of the Coalition’s position on human rights?

Probably not. It would appear that a commission to review the 1998 Act will be set up, as part of a wide raft of civil liberties reforms to be announced by Deputy Prime Minister Nick Clegg later today. However, the timing of the announcement alongside the terror decision is probably coincidental and the commission is likely to have been planned since last week’s Coalition agreement.

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As dust settles, Coalition gets cautious welcome on human rights

14 May 2010 by

The Coalition Government is only a few days old but it is already receiving a cautious welcome from civil liberties commentators and bloggers, with all eyes on significant policy commitments in the Con-Lib deal. The previous government enacted major civil liberties legislation within a year of taking power; the question now is whether the Coalition has the time, will and co-operative potential to fulfil its lofty promises.

In its final years, New Labour was regularly criticised on civil liberties issues, particularly in relation to anti-terrorism law. But it is undeniable that within around a year of coming to power it had enacted a major piece of civil liberties legislation in the Human Rights Act 1998, which was followed shortly after by two others; the Data Protection Act 1998 and Freedom of Information Act 2000. Some, such as the Human Rights in Ireland Blog, say that sadly this was a high water mark and not to be repeated.

The Con-Lib coalition has already made significant early promises. The focus of commentators has been on the cabinet appointees who will influence law and order policy, as well as the surprisingly full civil liberties section in the Con-Lib Coalition agreement. Just as important, however, is what has been left out.

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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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