human rights


CRB Checks, Equal Marriage and Secret Trials – The Human Rights Roundup

3 February 2013 by

Christian rights case ruling

Welcome back to the UK Human Rights Roundup, your recommended 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.

This week, the focus of the online commentary has been very much on the subject of equal access to justice, which is beset on all sides from legal aid cuts, the proposals for secret courts to protect sensitive government information, the lack of representation for the judiciary in the government, and the efficiency drive in Strasbourg.

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Justice and Security Bill: no balance, no public interest – Lawrence McNamara

30 January 2013 by

Justice and SecurityThe government’s Justice and Security Bill has this week entered a new phase of debate in the House of Commons as it is considered in detail by a 19-member Public Bill Committee over the next month.  The critics of this Bill – and there are many – argue that it will make “secret justice” a standard part of our legal process.  The latest set of amendments proposed by the government were revealed yesterday and within them lies a crucial and unjustifiable secrecy provision.  The significance of the amendments becomes apparent when one looks at how the Bill has progressed so far.  

In its original form the Bill said that a court “must” use closed material proceedings if there would be a disclosure of information that would harm national security interests.  It would not matter how small the damage, it would not matter whether there were other public interests in disclosure of the material, and the court had no discretion.

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Blanket disclosure requirement for minor past convictions breaches Convention

30 January 2013 by

criminal-background-check T, R on the application of) v Chief Constable of Greater Manchester, Secretary of State for the Home Department and Secretary of State for Justice; AW, R (on the application of) v Secretary of State for Justice and JB, R (on the application of) v Secretary of State for Justice  [2013] EWCA Civ 25 – read judgment

The Court of Appeal has ruled that the statutory requirement that criminal convictions and cautions must be disclosed in an enhanced criminal record check (“ECRC”) in the context of particular types of employment interfered with the appellants’ right to respect for private life under Article 8.

Neither of the disclosure provisions, under the Police Act 1997 and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, were  proportionate since they went beyond the legitimate aims of protecting employers and vulnerable individuals.

See Panopticon’s post on the ruling and their previous post (republished on our blog) on the dismissal of T’s application for judicial review in the Administrative Court. We add a few words of our own.
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The future of human rights on these islands – Colin Harvey

29 January 2013 by

Union jack umbrellaNow that the idea of a new UK Bill of Rights appears to be buried, choices re-emerge. The predicted outcome of the London-based Commission’s work was finally confirmed in December. Where now for human rights?

Thinking beyond the European Convention on Human Rights was never confined to this generation or any one process. The limitations of the Convention are well known, and critical material is not lacking. Talk of next steps circles around ‘going beyond’ and ‘building on’ existing achievements in several senses. The feeling that it is possible to improve; that the world of human rights captures more than the HRA or the ECHR. The more ill-defined talk of ‘ownership’ that resembles constitutional patriotism in desperate defence of a union in transition, and the disguised nationalist/unionist positions that occasionally surface.

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Royal Interference, CourtTube and Religious Freedom – The Human Rights Roundup

27 January 2013 by

Prince CharlesWelcome back to the UK Human Rights Roundup, your recommended 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.

Commentary on the Eweida Christian cross case continued to dominate legal commentary this week, some of it critical of the European Court of Human Rights. Bloggers have also welcomed the go-live of the Supreme Court’s online archive of judgment summaries.  Some interesting cases in the courts this week this week relating to attempts to use the European Convention on Human Rights in a housing dispute, as well as (in a similar vein) a local council’s ability to withhold details of vacant properties from potential squatters.  Keep an eye out next week for the publication of the Mid-Staffordshire NHS Trust Public Inquiry on 5th February.

by Daniel Isenberg

If you would like your or your organisation’s response to the Government’s Judicial Review consultation, please email it to Adam Wagner by the end of Monday.


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Crosses, Undercover Cops and Rocknroll – The Human Rights Roundup

20 January 2013 by

Christian rights case rulingWelcome back to the UK Human Rights Roundup, your recommended 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.

A bumper crop of human rights news this week, owing largely to the conclusion of the Eweida case which has been widely discussed in news outlets and legal blogs alike. There have been other significant cases decided this week also: the undercover police case (AKJ and others) and the Rocknroll case, a high-profile celebrity privacy case. In other news this week, public insults are to be legalised, but offensive columnists are censored.

Human Rights Lawyers Association Judicial Review competition

Calling all students! Interested in a career in Judicial Review and human rights? The HRLA is accepting applications for its inaugural Judicial Review competition, deadline 4 February – all details here.


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Turkish block on Google site breached Article 10 rights, rules Strasbourg

16 January 2013 by

google-sign-9YILDIRIM v. TURKEY – 3111/10 – HEJUD [2012] ECHR 2074 – Read judgment

In the case of Yildrim v Turkey the European Court of Human Rights decided that a Court order blocking access to “Google Sites” in Turkey was a violation of Article 10.  The measure was not “prescribed by law” because it was not reasonably foreseeable or in accordance with the rule of law.  The judgment is available only in French.

He owned and ran a website hosted by the Google Sites service, on which he published his academic work and his opinions on various matters.  On 23 June 2009 the Denizli Criminal Court of First Instance ordered the blocking of an Internet site whose owner had been accused of insulting the memory of Atatürk. The order was issued as a preventive measure in the context of criminal proceedings against the site’s owner.

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Strasbourg rules against UK on BA crucifix issue, but rejects three other religious rights challenges

15 January 2013 by

amfhindssilvercrucifixchainb001t9box8Eweida and Others v. the United Kingdom – read judgment

The Strasbourg Court has today come up with something of a mixed message in relation to religion at work. They have voted that there is a right to manifest individual faith by wearing religious adornments but not by objecting to practices that are protected by anti-discrimination legislation.

All four applicants are practising Christians. Ms Eweida, a British Airways employee, and Ms Chaplin, a geriatrics nurse, complained that their employers placed restrictions on their visibly wearing Christian crosses around their necks while at work. Ms Ladele,  a Registrar of Births, Deaths and Marriages, and Mr McFarlane, a Relate counsellor complained about their dismissal for refusing to carry out certain of their duties which they considered would condone homosexuality. Further details of all these cases can be found in our posts here, here, and here (as well as in the “related posts” section below).

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Sunday Working, Deportation and Judicial Review Reform – The Human Rights Roundup

13 January 2013 by

Taking-Back-Sunday-Lower-Stack-Skinny-T-Shirt-RedWelcome back to the UK Human Rights Roundup, your weekly bulletin 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.

This week the government’s proposals for judicial review reform came under scrutiny, as did the effect of legal aid cuts on immigration law practice and foreign national prisoners.  It was not only the government on the defensive this week, but The Daily Telegraph has also been criticised for its coverage of a an employment case.  Reform has been on the agenda beyond the sphere of judicial review, with The Economist taking a look at the recent criminalisation of squatting and proposed changes to the probation service.

In the news

Judicial Review reform

Adam Wagner will be collating Judicial Review consultation responses, please email him your or your organisation’s response if you would like it to be included in the roundup. Don’t forget, the consultation closes on 24 January.

by Daniel Isenberg

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Christian who refused Sunday work was not constructively dismissed – Richard Wayman

10 January 2013 by

300px-Duccio_di_Buoninsegna_014Mba v London Borough Of Merton (Religion or Belief Discrimination) [2012] UKEAT 0332/12/1312 (13 December 2012) – Read judgment

The Employment Appeal Tribunal (EAT) has dismissed the appeal of a Christian care worker against the decision of an Employment Tribunal that she was not constructively dismissed as a result of her refusal to work on Sundays.

Mr Justice Langstaff, President of the EAT, made it clear in his judgment however that anyone hoping either for ‘a ringing endorsement of an individual’s right not to be required to work on a Sunday’ or an employer’s right to require it would be disappointed, as ‘no such broad general issue arises’. [3]


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Paedophilia, Gay Marriage and the Year That Was – The Human Rights Roundup

6 January 2013 by

Welcome back to the UK Human Rights Roundup, your weekly bulletin 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.

This week’s major stories include deportation appeals, gay marriage, the petition for a posthumous pardon of Alan Turing on the centenary of his birth, and some discussion on the nature of paedophilia. This week also saw the new year rung in, and as such many legal blogs (including this one) have been running articles about the year that was. For those curious over whether they’ve missed anything, or looking to reminisce, here is a list of articles, sorted by topic:


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Avalanche! Daily Mail on new year dishonour list for dodgy prisoner human rights article

31 December 2012 by

Daily Mail 31.12.12Despite the Leveson Report, the Daily Mail’s brief flirtation with the Human Rights Act has not even lasted a month. This article by Home Affairs Correspondent Jack Doyle (Twitter: @jackwdoyle) is a weird one, even by the Mail’s standards. Here is the headline:

£500,000 a week in legal aid for prisoners’ human rights claims: YOU pay for them to seek easier life or early release

Clear, right? We are apparently spending £26m per year on prisoners’ human rights claims. And here is the first line:

Taxpayers are handing nearly £500,000 a week in legal aid to prisoners to help them make human rights claims.

That’s sounds like a lot of money to spend on prisoners’ human rights claims! But wait, there’s more…
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Judges on Same-Sex Marriage, and a Bit of a Recap – The Human Rights Roundup

31 December 2012 by

loud-hailer

Another judge speaks out

Welcome back to the UK Human Rights Roundup, your weekly bulletin of human rights news. The full list of links can be found here. You can also find our previous roundups here.

by Daniel Isenberg

A relatively quiet news-week in the world of human rights, with judges and politicians having (in some cases) a well-earned break.  Same-sex marriage managed to remain in the headlines with High Court Judge, Sir Paul Coleridge, saying it was a ‘minority issue’.  Looking back over the past few weeks there has been some recent interesting commentary on the European Court of Human Rights’ decision against Macedonia; as well as the domestic High Court’s ruling on Scientology.  Finally, a pair of articles on the historical and recent relationship between Jews and human rights.

You may also notice that the UK Human Rights Blog has a slightly refreshed design – please do send us your comments if you have any. If you are looking for some new year’s reading, why not try:


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Aarhus Abortion Abu Qatada Abuse Access to justice administrative court adoption ALBA Allison Bailey Al Qaeda animal rights anonymity Appeals Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 7 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 charities 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 appeal Court of Protection covid crime Cybersecurity Damages Dartmoor 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 enforcement 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 Gender Recognition Act genetics Germany gmc Google government Grenfell Health healthcare 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 Jalla v Shell Japan Japanese Knotweed Judaism judicial review jury trial JUSTICE Justice and Security Bill Land Reform Law Pod UK legal aid legal ethics 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 monitoring murder music Muslim nationality national security NHS Northern Ireland nuclear challenges nuisance Obituary ouster clauses parental rights parliamentary expenses scandal Parole patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Private Property Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries public law Regulatory Proceedings rehabilitation Reith Lectures Religion RightsInfo Right to assembly right to die right to family life Right to Privacy Right to Roam right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice Sex sexual offence sexual orientation Sikhism Smoking social media Social Work South Africa Spain special advocates Sports Standing statelessness Statutory Interpretation stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture Transgender travel treaty TTIP Turkey UK Ukraine UK Supreme Court unduly harsh united nations unlawful detention USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks Wild Camping wind farms WomenInLaw YearInReview Zimbabwe
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