human rights
2 October 2013 by Martin Downs
The recently released statistics from the Department for Education showing an increase of 15% in the adoption of looked after children in the last year further highlights the government’s preferred strategy for ensuring the welfare of children in care.
In my recent post, I considered the main thrust of the decision of the Court of Appeal in Re B-S which concerned the rigour which was expected of evidence, hearings and Judgments before a Placement Order was made.
However, the Court also dealt with the issue which had concerned Lord Justice McFarlane when he gave permission to appeal namely, where a Court has already made an order that a child may be placed for adoption and that has happened and the prospective adopter has applied for an Adoption Order, in what circumstances can a parent seek to stop it going ahead?
Continue reading →
Like this:
Like Loading...
25 September 2013 by Rosalind English
J.D. Heydon: Are Bills of Rights necessary in common law systems? – read lecture
Former Australian High Court Justice Heydon’s thought-provoking speech questioning the efficacy and indeed the very merits of the Human Rights Act deserves reading in full, but the following summary highlights its main features and should encourage readers to immerse themselves in the lecture.
Proponents of human rights instruments urge their necessity on society because they gesture toward a morality more capacious than the morality of our tribe, or association, or nationality. The forum of human rights is one in which our allegiances are not to persons or to wished-for outcomes but to abstract norms that are indifferent to those outcomes. That is why the Human Rights Act has around it what Heydon calls an “aura of virtue” that would make its repeal extremely difficult from a political point of view, even though it is legally and practically possible.
Continue reading →
Like this:
Like Loading...
8 September 2013 by Daniel Isenberg
Welcome back to the UK Human Rights Roundup, your regular Olympic opening ceremony of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Daniel Isenberg.
Blow out the candles and wish a very happy 60th birthday to the ECHR. That celebration has been the cause of much reflection and commentary, including looking at the UK’s future relationship with the Convention and the Human Rights Act. Elsewhere, the MoJ has released consultations on new criminal legal aid plans and further proposed changes to judicial review.
Continue reading →
Like this:
Like Loading...
2 September 2013 by Adam Wagner
Liberty, the human rights organisation, is looking for qualified and qualifying lawyers to staff its advice line.
This is a great opportunity – you can trust me on that, as I did it for a year whilst I was a pupil barrister. I learned a huge amount about practical human rights issues, as well as meeting some great people. The advice line provides an essential service to those who are unlikely to be able to obtain advice anywhere else.
All details after the break below, and on this flyer (PDF).
Continue reading →
Like this:
Like Loading...
2 September 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular glittering galaxy of human rights news and views. The full list of links can be found here. You can find previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd.
Military intervention in Syria has been greatly discussed this week in the media. Here, we look at how legal it would be for the UK to send troops over. Meanwhile, David Miranda’s hearing continues, and many judicial review claims are due, soon, to move from the High Court to the Upper Tribunal.
Continue reading →
Like this:
Like Loading...
26 August 2013 by Daniel Isenberg
Welcome back to the UK Human Rights Roundup, your regular airport departure board of human rights news and views. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Daniel Isenberg.
Picturing a dystopian world and totalitarian government, it is perhaps fitting that Aldous Huxley takes the title of Brave New World from lines uttered in The Tempest by the character named Miranda. It is a different Miranda who dominates this week’s news, opening the debate on Schedule 7 of the Terrorism Act 2000.
Continue reading →
Like this:
Like Loading...
19 August 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular menagerie of human rights news and views. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd.
This week, judicial review continued to take a beating, the Home Office backed down over their ‘Go Home’ campaign and the legal implications behind the twitter threat debacle were considered. And, finally, the immigration and asylum tribunal launched a useful online search service.
Continue reading →
Like this:
Like Loading...
12 August 2013 by Daniel Isenberg
Welcome back to the UK Human Rights Roundup, your regular non-silly season of human rights news and views. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Daniel Isenberg.
The end of the legal term seemingly does not mean a let-up in immigration news, with a number of Home Office, asylum and immigration-related stories making the headlines. Also, the back-and-forth on legal aid cuts continues, as well as some interesting perspectives on the Mental Capacity Act, sexual offences trials and the FOIA veto. Some interesting judgments too, particularly on secret trials.
Continue reading →
Like this:
Like Loading...
4 August 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular heat wave of human rights news and views. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd.
A fairly quiet week in terms of volume, but nevertheless some notable issues. Of note are plans to restrict judicial review, the ‘bedroom tax’ judgment, and a key decision in the ongoing debate on assisted suicide.
Continue reading →
Like this:
Like Loading...
29 July 2013 by Daniel Isenberg
Welcome back to the UK Human Rights Roundup, your regular social media storm of human rights news and views. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Daniel Isenberg.
With the judges winding down for their end of term break, this is not such a busy week of news; so instead a good opportunity to think over the role of the European Convention on Human Rights. Various immigration stories keeping the commentators busy, if not making the headlines; and keep up-to-date in public law with the latest from the ALBA conference.
Reminder: there is a Rally for Legal Aid tomorrow, Tuesday 30 July, 4:30-6:30 at the Old Bailey. Full details here.
Continue reading →
Like this:
Like Loading...
23 July 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular summer thunderstorm of human rights news and views. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd.
This week, the government’s controversial legislation on same sex marriage received Royal Assent. And, as we welcome a new royal baby, less glamorous facets of the UK’s constitutional arrangements have been in the news.
Continue reading →
Like this:
Like Loading...
15 July 2013 by Daniel Isenberg
Welcome back to the UK Human Rights Roundup, your regular Swiss Army Knife of human rights news and views. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Daniel Isenberg.
The focus of this week’s news was on the European Court on Human Rights’ views on whole life tariffs and miscarriages of justice, which has fed into the recent Abu Qatada deportation and continuing questions about the relationship between the UK, the Convention and the Court. Elsewhere, the Attorney-General was deemed to have lawfully exercised his override to suppress disclosure of Prince Charles’ letters, and there will be no public inquiry into the death of Litvinenko.
Supreme essay success
Top billing this week comes from our very own Daniel Isenberg’s fantastic winning essay in the UK Supreme Court, which has now been published on Guardian.co.uk – Do we need more or fewer dissenting voices in the UK supreme court? [Daniel did not put his own essay in top billing, it was me – but from everyone at UKHRB, we wish him hearty congratulations! Adam]
Continue reading →
Like this:
Like Loading...
10 July 2013 by Adam Wagner
Updated – headline now corrected | Remember when The Sun was reprimanded by the Press Complaints Commission for muddling up the European Union and our local Court of Appeal in a story about a human rights judgment? You probably should because it happened just two weeks ago.
Well, despite telling the PCC that they would incorporate the issue into its staff training programme, The Sun has been at it again following yesterday’s European Court of Human Rights ruling on whole life sentences. The politics section of its website currently shows this on the sidebar:
Continue reading →
Like this:
Like Loading...
7 July 2013 by Sarina Kidd
Welcome back to the UK Human Rights Roundup, your regular Wimbledon Tennis Championship of human rights news and views. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd.
This week, Chris Grayling made a concession, the closed material procedure for evidence in civil trials came into effect, and to Theresa May’s delight, Abu Qatada finally left the country.
Continue reading →
Like this:
Like Loading...
1 July 2013 by Rosalind English
Case C-131/12: Google Spain SL & Google Inc. v Agencia Española de Protección de Datos (AEPD) & Mario Costeja González – read Opinion of AG Jääskinen
This reference to the European Court of Justice (CJEU) concerned the application of the 1995 Data Protection Directive to the operation of internet search engines. Apart from demonstrating the many complications thrown up by this convoluted and shortsighted piece of regulation, this case raises the fascinating question of the so-called right to be forgotten, and the issue of whether data subjects can request that some or all search results concerning them are no longer accessible through search engine.
All of these questions are new to the Court.
Continue reading →
Like this:
Like Loading...
Recent comments