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The UK’s first transgender judge, Victoria McCloud, is bringing an action against the UK to the European Court of Human Rights over the Supreme Court’s ruling on biological sex in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. Lord Hodge, in this case, determined that the “unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex”. McCloud – one of at least two individuals who had unsuccessfully sought leave to intervene in the proceedings – is bringing the action on grounds that her Article 6 rights, which guarantee the right to a fair trial, have been infringed. She argues that the Supreme Court refused to hear her evidence about the “impact of those trans people affected by the judgement” and failed to “give any reasons” for doing so. Further, in her submission, the court had not considered human rights arguments that “would have been put by trans people” leaving her with the “nonsense” of being “two sexes at once”. In contrast, the court had heard from “protest groups speaking on behalf of women” in the case. McCloud is now seeking a declaration that “the actions of the UK government and the Supreme court judgement violate her fundamental human rights”.
In an amendment to the Border, Security, Asylum and Immigration Bill which is being considered by Parliament, the Home Office seeks to ban foreign sex offenders from claiming asylum in the UK. The amendment would affect anyone who qualifies for sex offender status. Under Article 1F of the Refugee Convention 1951 countries are entitled to refuse asylum to terrorists, war criminals and individuals convicted of a particularly serious crime who present a danger to the community. Where a conviction qualifies a foreign national for the sex offenders’ register – regardless of the length of sentence they receive – that will lead to their refugee status being denied, on the basis that they will be presumed to have been convicted of a “particularly serious crime” . The Government has said that they are “toughening [their] approach to border security through stricter enforcement of the rules”, in an attempt to make “Britain’s streets safer”. Specifically, Home Secretary Yvette Cooper has argued the amendment would ensure these “appalling crimes are taken seriously”. Steve Valdez-Symonds, at Amnesty International UK, however, has raised concerns that the Government is “rushing through late-stage amendments” to major legislations meaning that “laws are made without the full scrutiny and care they demand”. In his opinion this is an “irresponsible approach” to lawmaking.
Asylum seekers held at the Manston holding facility in Kent are bringing legal action against the government for unlawful detention and other rights violations. The claims stem from a period between June and November 2022 in which the centre meant for a maximum of 1,600 people was holding more than 3,000 in unsanitary, overcrowded conditions. Described as a ‘humanitarian crisis on British soil’ by one union official as well as a solicitor for the claimants, detainees suffered outbreaks of infectious disease such as norovirus, scabies and even diphtheria, from which one man died. The conditions left the Chief Inspector of Borders and Immigration ‘speechless’. The claimants include a Syrian woman who, having arrived at the centre with her husband and five young children, suffered a miscarriage while unable to access medical care at the centre. Another is a 19-year-old Sudanese victim of trafficking and torture. He was left regularly hungry and only allowed one shower during his 33 day detention, during which no attention was paid to his particular vulnerabilities. A 17-year old Kurdish teenager from Iraq was detained for 12 days, with his age recorded as five years older despite his protestations, also joins the action. The government has faced many legal challenges of a similar nature, such as the recent High Court ruling that three vulnerable asylum seekers were unlawfully housed at former RAF base Wethersfield.
The UK Supreme Court ruled last week on the scope of a local authority’s duty to secure temporary accommodation for qualifying homeless people in Scotland. Giving the court’s unanimous judgment, Lady Simler distinguished between the local authority’s duties relating to interim as opposed to permanent housing. These duties are respectively imposed by section 29 and section 31 of the Housing (Scotland) Act 1987. At the interim stage, the local authority is under a duty to take a household’s needs into account but is not required to meet all those specific needs. The latter requirement only applies at the permanent stage. This reasoning led to the dismissal of the appeal, in which the appellant contended that the four-room temporary housing provided by Glasgow City Council was ‘unsuitable’ for the needs of her family of six considering her son’s autism and special needs, relying on s.39(3) of the 1987 Act and article 4(b) of the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014. Lady Simler explained that the obligation to secure permanent accommodation is necessarily more onerous and outcome-specific than the duties at the interim stage.
The Sentencing Council has suspended plans for new guidelines which could have led to different sentences depending on someone’s age, sex and ethnicity. The Sentencing Council’s decision to suspend plans comes in the wake of ministers preparing to “disapply” wording in the revised sentencing guidelines on the imposition of community and custodial sentences, through primary legislation. Justice secretary, Shabana Mahmood, had aimed to pass a bill through Parliament to halt the guidelines within 24 hours but was informed that it would be impossible before the Easter recess. Given that the revised sentencing guidelines were due to take effect in England and Wales last Tuesday, there would have been a “confusing period” during which time the guidelines would be enforced before being declared illegal.
These guidelines had specified a list of 10 groups for whom pre-sentence reports would “normally be necessary”. The groups in question included “those from an ethnic minority, cultural minority, and/or faith minority community.” In other words, the guidelines would have required magistrates and judges to consult a pre-sentence report before deciding whether to imprison someone of an ethnic and religious minority, in addition to other groups like young adults, abuse survivors and mothers. In doing so, the system would have “taken into account structural disparities in sentencing outcomes” and would have introduced measures targeted at combating racism in the courts. Senior legal figures, and the Society of Black Lawyers, have emphasised that the guidelines were an attempt to achieve “equal treatment” after “racist two-tier policing for 500 years”, specifically through attempting to address disparities in sentencing between white and non-white offenders.
After a meeting on Monday, the Sentencing Council confirmed it would not be introducing the guidelines when “there is a draft bill due for imminent introduction that would make it unlawful”. This follows the Sentencing Council having previously rejected a request from Mahmood to remove the ten specified groups as she said they would “single out specific cohorts for differential treatment”. In making this request, Mahmood had sought to demonstrate to the public that “Parliament is sovereign” and “everyone is treated equally by the criminal justice system”.
Hungary is due to leave the International Criminal Court on grounds that it has become “political”. This was announced during a visit to Hungary by Benjamin Netanyahu, Israeli Prime Minister, who is the subject of an ICC arrest warrant which was issued on 21st November 2024. Prior to this visit, Human Rights Watch had urged Hungary to deny entry to Netanyahu or to arrest him upon entry, in light of the arrest warrant. Specifically, Liz Evenson, international justice director at Human Rights Watch outlined how Hungary’s Prime Minister Viktor Orbán’s invitation to Netanyahu was an “affront to victims of serious crimes” and urged Hungary to “comply with its legal obligations as a party to the ICC.”
As a member of the ICC, Hungary was in theory obliged to arrest Netanyahu in line with the ICC warrant. However, Orbán had previously said the ruling would have no effect in Hungary. Hungary’s Foreign Minister Peter Szijjártó had notably criticised the warrants as “shameful and absurd” and “unacceptable”. Hungary has aligned itself with other European countries including France, Italy, Poland, Romania and Germany who have emphasised their non-committal to enforcement of the ICC’s warrant to arrest Netanyahu.
In announcing Hungary’s decision to leave the ICC this week, Orbán proclaimed that the ICC had “diminished into a political forum”, something that had “become the clearest in light of its decisions on Israel”. Netanyahu has thanked Orbán for taking a “bold and principled” position against the ICC.
One in three criminal barristers actively intend to quit the profession, a national survey by the Criminal Bar Association has revealed. A further third is actively considering moving to a new discipline. The survey received 1,717 responses, which the association has stated is ‘well above that of nationally representative surveys which are relied upon by Government’. Only 44% remain committed to a practice of primarily publicly funded work. Further, the Judicial Attitudes Survey has indicated that 35% of Circuit Judges sitting in criminal courts intend to leave in the next five years. The reasons behind the collapse in commitment to the profession are familiar, stemming from longstanding underfunding to the justice system. 92% answered that adequate and fair remuneration was necessary to reverse the trend. The implications for the access to justice for defendants, as well as redress for victims of crime, are clear, as the criminal court backlog continues to reach record highs.
International news
The largest protests in over a decade have erupted in Turkey following the arrest of the mayor of Istanbul and the President’s main political rival, Ekrem Imamoglu. His detention on corruption charges occurred just days before he was expected to be announced as a candidate for the 2028 Presidential Election. President Recep Tayyip Erdogan has denied the allegations of his opponents that the arrest is politically motivated. In defiance of a ban on gatherings, protestors have clashed with police as a primary ballot was held across Turkey to choose the opposition candidate for the Republican People’s Party. Further, social media platform X has released a statement identifying multiple court orders from Turkish authorities to block more than 700 accounts belonging to news organisations, journalists, political figures and students. The statement reads “We believe this decision from the Turkish government is not only unlawful, it hinders millions of Turkish users from news and political discourse in their country” and they “will always defend freedom of speech everywhere we operate”. Imamoglu’s arrest took place a few days after US President Trump and Erdogan’s telephone conversation, which commentators have suggested has likely emboldened the Turkish President’s actions. However, despite domestic outrage, international condemnation have thus far been muted. With the second largest army in NATO, Turkish forces may be an essential component of a European peacekeeping force in Ukraine. The response of European and world leaders remains to be seen.
Keir Starmer announced plans to cut billions of pounds from the welfare system, specifically working-age health and disability benefits. This week, Starmer called Britain’s benefits system the “worst of all worlds” and has said that the Government could not just “shrug its shoulders and look away” given that the number of people who are out of work or training is “indefensible and unfair”. Ahead of the Spring Statement, Chancellor Rachel Reeves has earmarked several billion pounds in draft spending cuts to welfare and other government departments. Work and Pensions Secretary Liz Kendall has been getting ready to announce changes to the welfare system and reduce the benefits bill. Changes would likely include restrictions on eligibility for the Personal Independent Payment (“PIP”) and cuts to incapacity benefits for those unable to work and receiving Universal Credit.
The Government’s core rationale for making these cuts is that welfare spending has increased dramatically in recent years. Total welfare spending is forecast by the Office for Budget Responsibility (OBR) to reach almost £378bn by the end of the decade because of the ageing and increasingly unwell population, the Government’s triple lock, and rising caseloads for health and disability benefits.
As a result of the proposed cuts, Starmer is facing the most significant rebellion among Labour MPs to date. Rachel Maskell, who previously called on her party to reverse its decision to end universal winter fuel payments, has expressed concern about “draconian cuts”, whilst Neil Duncan-Jordan expressed fear that the move signals a “re-run of austerity”. Reports suggest that dozens of other MPs have expressed concerns in private that Rachel Reeves could make even deeper cuts to working-age benefits than Conservative Chancellor George Osborne. As would be expected, the Government is also facing backlash from charities and campaigners who argue that benefit cuts would affect the poorest and most vulnerable people in British society the hardest. In contrast, the Get Britain Working group of 36 Labour MPs has come out in support of the cuts. They believe the Government has a “moral duty” to help long-term sick and disabled people through making “hard choices” to overcome the “crisis of economic activity”.
Liz Kendall was expected to set out plans in more detail in the House of Commons early next week. However, as of Saturday, Downing Street may now be considering a U-turn on the cuts to benefits in light of the backlash from within the party and following a tense cabinet meeting.
In International News
In the wake of a turbulent Tuesday on Wall Street, Donald Trump’s tariffs came into effect on Wednesday. The United States introduced a 25% tariff on global steel and aluminium imports. These tariffs will cover household goods like tin foil, stainless steel cooking ware, electrical appliances, window frames, among other products. This follows the 25% tariffs that have already been imposed on other imports from Mexico and Canada (with exceptions) and a 20% levy on Chinese goods. Trump, on Tuesday, threatened to double tariffs on Canadian steel and aluminium after Canada threatened to increase electricity prices for US customers, but subsequently backed down later that day. Germany, Ireland and Italy – countries which operate a good trade surplus with the US – are likely to be worst hit by the tariffs.
The European Union has said that it will be imposing counter measures on €26bn (£21.9bn, $28.3bn) worth of US goods in response to Donald Trump’s tariffs on steel and aluminium. The tariffs, which will be brought in gradually between 1st – 13th April to leave time for negotiations with Washington, have been described by President of the European Commission Ursula von der Leyen as “strong but proportionate”. The US has threatened a 200% tariff on wine and champagne from European Union countries in response. Canada, meanwhile, has announced it will be placing retaliatory tariffs on more than $20bn of goods imported from the US. Keir Starmer, in turn, has said that he is “disappointed” about the imposition of US tariffs on British steel and aluminium imports without announcing retaliatory measures.
Turning to the ongoing negotiations around the war in Ukraine, which have been taking place in Saudi Arabia, Volodymyr Zelenskyy has agreed to a 30-day ceasefire, whilst Donald Trump announced the US would lift its restrictions on military aid and intelligence. At the same time, Zelenskyy has emphasised that support from other countries would be needed to monitor the ceasefire along the frontline. Russia has not committed to the ceasefire proposal in its current form, saying that the proposal would give Ukrainian forces a reprieve. The Kremlin has said there are “reasons to be cautiously optimistic” but that there is “still much to be done”. In a virtual meeting with world leaders held on Saturday, Keir Starmer said that Putin’s response to the ceasefire is “not good enough”, and agreed for military planners to meet in the UK on Thursday to “progress practical plans for how our militaries can support Ukraine’s future security”. Meanwhile, in recent days Russia has intensified efforts to push Ukrainian forces out of the Russian region of Kursk, making major advances, including the recapture of Sudzha, the largest town held by Ukrainian forces.
In the Courts
The Court of Appeal has handed down judgement in Prestwick Care Limited, R (on the application of) v SSHD [2025] EWCA Civ 184. This case relates to the circumstances in which the Home Office can revoke a care home’s sponsor licence. The main question in the two joined appeals was whether the Secretary of State is required to assess how revoking a sponsor licence would affect the sponsor, its employees, service users, and wider community care needs before making a decision. The Court of Appeal ruled in favour of the Secretary of State, finding no legal basis in statute or guidance for the additional requirements proposed by the two care homes. The Court held that sponsors should not assume they will receive special consideration solely because revoking their licence could disrupt social care services. It determined that imposing these requirements would be “contrary to the principles established in case law” and would undermine “the regime contained in the Guidance”. Baker LJ emphasised that obtaining a sponsor licence is a choice made by providers for their own benefit but comes with strict conditions set out in the guidance. In applying for a licence, sponsors “know that, if they fail to meet the requirements of the Guidance, the consequences provided for in the Guidance will apply”.
The appeal by Prestwick Care was dismissed on this basis. In the Supporting Care Limited case, the Court ruled that the Secretary of State had succeeded in establishing that the judge at first instance was wrong to allow Supporting Care Limited’s claim for judicial review to succeed on the ground that the Secretary of State had failed to conduct an “adequately reasoned” global assessment of the impact of revocation. However, the Court upheld the first-instance order quashing the revocation on different grounds, namely that the Secretary of State had shown procedural unfairness on the facts in concluding that Supporting Care Limited had “deliberately exaggerated” an employee’s role to facilitate her stay in the UK.
The Attorney General, Lord Hermer KC, has said that Axel Rudabakana’s sentence will not be referred to the Court of Appeal for undue lenience. Rudabakana was given a minimum 52-year sentence for murdering three girls in a dance class in July 2024. He would have received a full life order, said the trial judge, had he been an adult at the time of the crime (Rudabakana was 17). As it stands, his sentence is the “second longest…imposed by the courts in English history,” according to Lord Hermer.
The Lady Chief Justice, Baroness Carr, criticised the Prime Minister for comments made about a ruling. Questioned about a legal loophole which allowed a Gazan family to use the Ukraine Scheme, Sir Keir Starmer called the decision “completely wrong.” Baroness Carr said she was “deeply troubled” by the comments. Emphasising the separation of powers, she pointed out that the right route for challenging judicial decisions was through the appellate process and that “it is for the government visibly to respect and protect the independence of the judiciary.”
The UK’s use of predictive policing is “automated racism,” according to a report from Amnesty International. Amnesty found that the use of predictive, profiling and risk assessment systems results in racial profiling and the disproportionate targeting of black people and those from lower socioeconomic backgrounds. The charity said this was contrary to the UK’s obligations under human rights law including the Equality Act 2010, the European Convention on Human Rights.
In the Courts
The President of the Family Division has rebuked two women for an ‘astonishing’ surrogacy which risked leaving their children stateless. In Re Z (Unlawful Foreign Surrogacy: Adoption) [2025] EWHC 339 (Fam), Sir Andrew McFarlane heard that the parents had paid £120,000 to a clinic in the Turkish Republic of Northern Cyprus for two children. The children were carried by Ukrainian surrogate mothers and born on the same day “at the direction of the clinic.” One of the adoptive mothers then signed a form wrongly registering her as the mother of both the children. Subsequently, it became clear that: the location of birth did not afford the children Cypriot citizenship; having Ukrainian mothers did not afford them Ukrainian citizenship; and they had no legal connection to either of the adoptive mothers that would be recognised in the UK (the birth certificates having been issued on an incorrect basis). The children were eventually allowed to enter the UK through an application under the European Convention of Human Rights, article 8. Sir Andrew subsequently granted adoption orders for the children.
The judgment, published several months after the adoption orders were granted, was handed down “in order to draw attention… to the circumstances of the case…and to offer some advice for those who may, in future, unwisely seek to follow the path taken by the two applicants.”
Medical experts have claimed that Lucy Letby did not murder any babies at the Countess of Chester Hospital, concluding that the infants died of natural causes and negligent medical care. Having reviewed the medical evidence, a panel of 14 world-leading neonatologists have concluded that they “did not find any murders”. The case has been submitted to the Criminal Cases Review Commission in light of what Letby’s legal team described as overwhelming evidence of a miscarriage of justice. Letby is currently serving 15 whole-life prison terms having been convicted of murdering seven babies. Two previous attempts to challenge her convictions at the Court of Appeal have been dismissed. The CCRC is expected to review the panel’s full report in the coming weeks. If it is decided that there is a real chance of quashing the convictions, the CCRC can send the case back to the Court of Appeal.
Master of the Rolls, Sir Geoffrey Vos,has urged lawyers and judges to embrace generative artificial intelligence at the LawtechUK Generative AI event for three reasons. First, the industrial, financial and consumer sectors, which lawyers serve, will be using it “at every level”. Second, lawyers are going to be “at the forefront of AI liability disputes” in the coming years with regard to the negligent or inappropriate use of AI, and if lawyers do not master the capabilities and weaknesses of AI they will not be able to advise clients properly. Finally, it will save time and money and engender greater efficiency. Vos expressed irritation towards those who use “silly examples of bad practice as a reason to shun the entirety of a new technology” and stressed that there is nothing “inherently problematic with AI”. Rather, it is a question of understanding what AI is doing and using it appropriately. Ultimately, for Vos, it is “uncontroversial” that lawyers should be using AI to “promote and improve access to justice and the quality of decision-making”.
In International News
China has unveiled tariffs on the United States in response to the 10% levies that President Trump recently imposed on China. China has justified its retaliatory tariffs by arguing the United States’ levies violated WTO rules, damaging economic and trade cooperation between the two countries. Trump contended that the imposition of Chinese tariffs is a response to trade deficits, and the flow of fentanyl into the US. Whilst Trump postponed the 25% levies imposed on Canada and Mexico for one month, no such postponement measures were enacted in the case of China. The levies have caused significant volatility in the global financial markets. Trump has suggested that he would pursue similar action against the EU but that a deal could be “worked out” with the UK. The UK now needs to decide if it aligns itself with the EU or the US, or neither. If the UK aligns itself more closely on trade with the EU, this will likely entail accepting the EU’s regulations on agriculture and food safety. However, the United States’ standards in such areas differ significantly from those of the EU. If the UK were to adopt EU agricultural standards, this may make a UK-US trade deal much harder given that the US would likely not want an agreement that excludes agriculture. This is at the same as the EU are wrangling with the UK over a closer relationship going forward. Key issues pertain to the youth mobility scheme (a priority for Germany) and an extension to current fishing rights arrangements (a priority for France). In the next few weeks, we may get clarity as to how the UK chooses to position itself between major global trading blocs.
In the Courts
The Court of Appeal has allowed an appeal over whether a local authority which has ‘corporate’ parental responsibility for a child under the age of 16 can consent to the deprivation of their liberty. The case concerns a 14 year old disabled boy known as ‘J’ who is ‘looked after’ under S.20 of the Children Act 1989 and who resides in a specialist children’s home. In J: Local Authority consent to Deprivation of Liberty, Re [2024] EWHC 1690 (Fam), Lieven J held that a local authority could deprive J of his liberty and did not need the court’s approval to do so. This was because the decision the local authority was being asked to make under S.33(3)(b) of the Children Act 1989 was not of “such magnitude” that the Court would need to make it instead. For Lieven J, depriving J of his liberty was “essential to ensuring his best interests” so necessarily fell “within the LA’s statutory powers” under S.33 of the Children Act [34]. All parties in the case felt that the local authority should not deprive J of his liberty without the court’s approval. The interveners (Article 39 and Mind, the Secretary of State for Education and the Children’s Commissioner) also supported court oversight. With a panel comprising the President of the Family Division, Sir Andrew McFarlane, Lady Justice and Lord Justice Singh, the Court of Appeal confirmed the appeal was successful and made a deprivation of liberty order, with full reasons due to be provided at a later date. Consequently, Lieven J’s ruling should not now be followed.
The UK Government introduced its Border Security, Asylum and Immigration Bill to Parliament on 30 January. The Law Society welcomed the Bill’s repeal of the controversial Safety of Rwanda (Asylum and Immigration) Act 2024 – described by Society president Richard Atkinson as ‘one of the most damaging pieces of legislation in recent history’ – and certain provisions of the Illegal Migration Act 2023. However, a number of charities have expressed concern that the Bill’s proposed anti-people-smuggling measures – including the creation of what Home Secretary Yvette Cooper calls ‘counter-terror-style powers’ – will adversely affect legitimate asylum seekers. ‘We are very concerned that by creating new offences, many refugees themselves could also be prosecuted’, wrote the Refugee Council. ‘This would be a gross miscarriage of justice… The most effective way to break the smuggling gangs’ grip is to stop refugees from getting into the boats in the first place, which means giving them a legal way to apply for asylum in the UK.’
This week also saw the Terminally Ill Adults (End of Life) Bill undergo the scrutiny of the Commons General Committee. Lord Sumption, former Justice of the Supreme Court, told the Committee that the Bill’s requirement that those applying for assisted dying would need the approval of a High Court judge as well as two doctors was ‘unnecessary and in some respects undesirable… It is not entirely clear what the judge is supposed to do … Is he there to ensure that the two doctors have done their job… or is he there to form his own view on these matters, completely independently of all those who have given certificates? If the latter, one is talking about quite a time-consuming process, involving a lot of additional evidence. It seems to me this is a protection which no other country, so far that I am aware of among those who have authorised assisted dying, have included.’ The Committee sits again on 11 February.
In international news
Italian Prime Minister Giorgia Meloni is under investigation by her country’s prosecutors for releasing and repatriating Osama al-Masri, a Libyan warlord wanted by the International Criminal Court. The Court issued its arrest warrant for Al-Masri on 18 January, citing his alleged command over a network of prisons in Tripoli, and ‘crimes against humanity and war crimes, including murder, torture, rape and sexual violence, allegedly committed in Libya from February 2015 onwards.’ Al-Masri was arrested by the Italian authorities at a football game in Turin only a day after the warrant’s issue, before his release on 21 January ‘without prior notice or consultation of the Court.’ Meloni’s Interior Minister Matteo Piantedosi, who is now also under investigation, had told the Italian Senate that al-Masri’s deportation was ‘for urgent security reasons, with my expulsion order, in view of the danger posed by the subject.’ It has since been claimed that al-Masri was released on a technicality, following bureaucratic errors made in the course of the suspect’s arrest. These are said to have compelled the Italian court of appeal to refuse to validate his further detention. Al-Masri was then boarded onto a military plane and safely returned to Libya.
In the courts
The Court of Appeal has allowed an appeal brought by two freelance journalists, permitting the disclosure of the names of two family court judges behind historic care proceedings relating to the murdered schoolgirl Sara Sharif. In Louise Tickle & Anor v The BBC & Ors [2025] EWCA Civ 42, Sir Geoffrey Vos MR ruled that Mr Justice Williams had ‘no jurisdiction’ to make a Reporting Restrictions Order anonymising the judges in December last year – save a possible obligation to do so under section 6(1) of the Human Rights Act (HRA) 1998, had it been necessary to avoid an infringement of the European Convention of Human Rights (ECHR).
Sir Geoffrey found that there was ‘no evidential basis’ on which to believe that the threshold for the application of ECHR Articles 2 (right to life), 3 (freedom from torture and inhuman or degrading treatment) or 8 (respect for family and private life) was reached. ‘For the avoidance of doubt, I am not saying that judges are obliged to tolerate any form of abuse or threats… Nor am I saying that it would never be possible for section 6 of the HRA to allow, or even require, a court to consider… an anonymisation order in relation to judges. In my judgment, however, it is very hard to imagine how such a situation could occur.’ It would require: (1) ‘compelling evidence… as to the risks’; (2) the court to be ‘satisfied that those risks could not be adequately addressed by other security measures’; and (3) the court ‘to conclude that the risks were so grave that, exceptionally, they provided a justification for overriding the fundamental principle of open justice.’
A heated debate has arisen across the UK and abroad after Safeguarding Minister Jess Phillips last week rejected calls for a public inquiry into child grooming gangs in Oldham. In a letter sent to Oldham Council in response to its request for a public inquiry, Phillips stated it was for “Oldham Council alone to decide whether to commission an inquiry into child sexual exploitation locally, rather than for the Government to intervene”. The decision has led to widespread criticism, with Shadow Justice Secretary Robert Jenrick calling it “shameful” and Elon Musk arguing that Phillips “deserves to be in prison”. Reform UK leader, Nigel Farage, has defended Musk’s involvement as an exercise in “free speech”. Professor Alexis Jay, former Chair of the Independent Inquiry into Child Sexual Abuse (IICSA), has suggested that it is change that is needed rather than a fresh inquiry. A statement published on Sunday by campaign group Act on IICSA warned against the politicisation of sexual violence, which only “hinders the implementation of vital and urgent overhaul” to existing systems. In a press conference on Monday, Sir Keir Starmer defended Jess Phillips and his own record as Director of Public Prosecutions, accusing critics of “spreading lies and misinformation” and of being interested in themselves rather than the victims.
Former President of the Supreme Court, Lord Neuberger, has warned that legal aid cuts in family cases are denying parents their human rights, stating that the cuts are “wrong in principle”. Following legislative changes in 2013, parents in private children’s law cases are unable to access legal aid – irrespective of their means – unless abuse is alleged. In an exclusive interview with the Guardian, Neuberger called it “almost disgraceful” that parents are given human rights and then denied the ability to enforce them as a result of the lack of legal aid. “Rights aren’t meaningful unless they can be enforced”, he added. A Ministry of Justice spokesperson responded to Neuberger’s position by emphasising the importance of families getting the “best outcomes as quickly as possible”, pointing to the mediation scheme available for family disputes which is partially Government funded.
In Other News
The latest report published by HRMMU, the UN team investigating human rights in Ukraine, details the deteriorating situation in the region with a surge in monthly civilian casualties and allegations of executions of Ukrainian Servicepersons. Evidence continues to suggest that individuals being held as Prisoners of War (POWs) are suffering torture and ill-treatment, including sexual violence. While the report acknowledges mistreatment of Russian POWs, these instances are said to appear more “isolated” than that of Ukrainians. As the war rages on nearly three years after the Russian invasion, the report calls for both countries to “intensify” their efforts to uphold international human rights law. The report was published just days before Ukraine launched a renewed offensive in Russia’s Kursk region on Sunday, leaving Russian civilians “shaken”.
Ireland’s landmark hate crime law – the Criminal Justice (Hate Offences) Act 2024 – came into force last week, marking a historic moment in Irish law regarding the treatment of hate-motivated offences. The new law prescribes increased prison sentences where hatred predicated upon real or perceived protected identity characteristics either motivates a crime or is demonstrated during it. Ireland Justice Minister Helen McEntee said last Tuesday that the “legislation meets a clear gap in [Irish] laws and is widely supported by the public”, bringing Ireland out of the small group of EU countries that continue not to have specific hate crime offences set out in law. The bill had originally also contained provisions tightening the laws around hate speech, but this section was dropped in October after McEntee revealed there was no longer a “consensus” on its inclusion. The law around hate speech in Ireland is governed by the Prohibition of Incitement to Hatred Act 1989, which remains in force.
Activists are celebrating the inclusion of measures in the 2025 National Defence Authorisation Act (the annual US defence spending bill) to address the oppression of the Uyghur Muslim population in China’s Xinjiang region, which the US has labelled genocide. The bill was signed into law by President Joe Biden shortly before Christmas and incorporates the bipartisan Uyghur Human Rights Policy Reauthorisation Act 2024 which extended the Uyghur Human Rights Policy Act passed under Trump in 2020. The Act greenlights sanctions against Chinese officials believed to be involved in Uyghur oppression. The renewal of these sanctions has been welcomed by the Uyghur Human Rights Project, with UHRP Executive Director Omer Kanat calling it “a gift of hope for Uyghurs”. The move represents the latest show of continued support for the Uyghur population by the United States.
In the Courts
On Sunday, the Criminal Division of the Seoul Western District Court rejected objections made by Yoon Suk Yeol, suspended President of South Korea, against the execution of arrest and search warrants against him. Yoon has been suspended as President pending impeachment proceedings following a failed attempt in December to impose martial law. Anti-corruption investigators issued the arrest warrant for Yoon and a search warrant for the Presidential residence after the suspended President ignored multiple summons for questioning. Yoon’s legal team filed an objection to the warrants in the courts last Thursday, arguing that they were illegal on the basis that the investigators did not have jurisdiction to issue them, and that, in any case, a criminal law prohibiting the execution of warrants in military areas should apply in his case. It has not yet been revealed on what grounds the court has rejected his arguments, and it is expected that a re-appeal may be lodged with the Supreme Court once this is clear. In the meantime, the Presidential Security Team are taking measures to block Yoon’s arrest, installing barbed wire and barricading the compound where he is residing. The arrest warrant expired at midnight on Monday January 6th with Yoon successful in defying arrest, although investigators are seeking an extension of the warrant’s deadline.
Health Secretary Wes Streeting revealed last week that the Government has placed an indefinite ban on the use of puberty blockers for trans youth, following advice from the Commission on Human Medicines that the medicines pose an ‘unacceptable safety risk’. The ban also follows the recommendations of the recent Cass Review, which was heavily criticised by rights groups. Speaking to the Commons on Wednesday, Streeting stressed that he was ‘determined’ to improve healthcare for trans youth. However, the ban has come under fire from a wide range of rights groups, educational psychologists, clinicians, and members of the British Medical Association. This news comes the same week that the Montana Supreme Court temporarily lifted the state’s ban on puberty blockers while its lawfulness is considered in the courts.
The Government announced last week that £75 million has been made available to compensate LGBT veterans who were affected by the historic ban on LGBT personnel in the Armed Forces. Veterans who were dismissed or discharged as a result of their LGBT identity, real or perceived, will also be able to apply to have their rank restored or discharge reason amended. The announcement represents a major step in the implementation of the recommendations made by the Etherton Review, which looked into the ill treatment of LGBT veterans in the past. Secretary for Defence, John Healey, has called the historic treatment of LGBT veterans a ‘moral stain on our nation’ and expressed his commitment to ‘righting the wrongs of the past’.
A report published by the Women and Equalities Committee this week has found that ‘medical misogyny’ is contributing to the underdiagnosis of serious reproductive health conditions, with women having their painful symptoms ‘normalised’ and ‘dismissed’. The report is critical of the speed of progress following the establishment of the Women’s Health Strategy in 2022, stating that implementation has been slow and incomplete. Chair of the Women and Equalities Committee, Sarah Owen, stated that women are “waiting years for life-changing treatment and in too many cases are being put through trauma-inducing procedures”. “All the while, their conditions worsen and become more complicated to treat”. The report “must act as a wake-up call” for the NHS, she added.
In Other News
The Assad regime, a hereditary totalitarian regime which has governed Syria since 1971, collapsed last week as Damascus was captured by opposition forces. Broadcasting on Syrian national television, the rebels announced at dawn on December 8th that the “tyrant al-Assad” had been “toppled”. It has been reported that Bashar al-Assad has fled to Russia, where he has been granted asylum on ‘humanitarian grounds’. The UN Secretary-General, Antonio Guterres, released a statement celebrating that “after 14 years of brutal war and the fall of the dictatorial regime, today the people of Syria can seize an historic opportunity to build a stable and peaceful future”. Burcu Ozcelik, senior research fellow at London think tank Royal United Services Institute, has said there while there was ‘undoubtedly justified optimism in Syria’ at the news, it is ‘simultaneously true that Syria remains fragile and faces an uncertain future’. Since the overthrow, Israel has intensified airstrikes on Syria and invaded the demilitarised buffer zone between Syria and the Israeli-occupied Golan Heights. The UN has responded stating it is “deeply concerned by the recent and extensive violations of Syria’s sovereignty and territorial integrity.”
The MPs who thwarted the declaration of marshal law by South Korea President Yoon Suk Yeol in early December have now voted for his impeachment. The imposition of martial law was said to be necessary to protect the country from “anti-state forces” and the North Korean threat. Within two hours, MPs forcibly entered the National Assembly to vote against the declaration – with the Parliament’s speaker telling the BBC he climbed over a wall to gain entry so he could ‘protect democracy’. Large crowds gathered in Seoul as the impeachment vote took place, with police revealing they expected as many as 200,000 protestors. In a televised address, Yoon insisted that he will fight “until the end” to defend his “act of governance” in imposing martial law.
The Terminally Ill Adults (End of Life) Bill passed its second reading debate on 29 November 2024. The current draft of the bill is available here. The dates for the Committee Stage have not yet been announced. Supporters of the bill point out that the bill is limited to allowing assisted dying only for adults with mental capacity who have a terminal illness and can be reasonably expected to die within six months and has a range of safeguards. The process to request assistance requires the approval of two doctors (independent of each other) and a High Court judge. THe bill also creates an offence of dishonesty, coercion and pressure to protect vulnerable people from inappropriate pressures. However, critics of the bill cast doubt on the safeguards, arguing that people can shop around for doctors and that there are not enough High Court judges to provide sufficient scrutiny of applications. There are also continuing debates regarding whether the bill creates a “slippery slope” allowing assisted dying to be available to more people in the future (for example here and here).
In the courts The European Court of Human Rights (ECtHR) has published a judgment that could have wide ranging impacts on states obligations with respect to protection for LGBTQ asylum-seekers. MI is a gay man from Iran who was facing threats from his relatives due to his sexual orientation. He was denied asylum in Switzerland with the Federal Administrative Court holding that while homosexuality is a criminal offence in Iran, in practice convictions are rare. The Federal Administrative Court held that MI’s sexual orientation was not widely known and so he would be safe in Iran provided that he lived “a life of discretion”. The ECtHR held that the Swiss authorities incorrectly determined that MI faced no real risk of ill-treatment because it was unlikely that MI’s sexual orientation would become known to the Iranian authorities. Further, the Swiss authorities failed to carry out the necessary assessment of the availability of state protection against harm caused by non-state actors (in this case MI’s relatives). The ECtHR went on to hold that it would be unreasonable to expect an LGBTQ person to seek protection from the Iranian authorities.
US President Joe Biden agreed last week to provide Ukraine with anti-personnel land mines as part of their 70th military aid package to Ukraine. The decision represents a significant departure from the Biden-Harris Administration’s 2022 policy which committed to limiting the use of landmines on the grounds that the weapons have a ‘disproportionate impact on civilians, including children, long after fighting has stopped’. Ukrainian president Volodymyr Zelenskyy expressed his gratitude to the US in a video address last Wednesday, stating that the ‘essential’ mines will ‘significantly strengthen troops on the front line’. However, the decision has been met with widespread concern. The International Campaign to Ban Landmines has condemned the decision as ‘unconscionable’, expressing that the ‘human cost of this decision cannot be overstated. Ukraine already faces decades of demining work due to extensive Russian landmine use. Adding new mines to this contamination will only extend the suffering of civilians and complicate post-conflict recovery efforts’.
Uganda opposition leader Kizza Besigye appeared in military court this week after disappearing on November 16th in Kenya’s capital, Nairobi. Last Wednesday, it transpired that he was being held in Ugandan military custody when he appeared before the court charged with national security offences and unlawful possession of firearms. Winnie Byanyima, Besigye’s wife and human rights activist, said in a post on X that Besigye ‘has not owned a gun in the last 20 years’, and, as a civilian, ‘should be tried in a civilian court not a military court’. Human Rights Watch have stated that this is only the ‘latest example of Uganda’s authorities misusing military courts and military-related charges to clamp down on the opposition’. UN Human Rights Chief Volker Turk has released a statement expressing his ‘shock’ at the ‘abduction’ and the ‘deeply concerning practice in Uganda of prosecuting civilians in military courts, in contravention of the country’s obligations under international human rights law’.
In the Courts
On Thursday, the International Criminal Court (ICC) announced its decision to issue warrants of arrest for Israeli Prime Minister Benjamin Netanyahu and Former Defence Minister Yoav Gallant, alongside Mohammed Deif, Hamas military leader whom Israel claim was killed earlier this year. The decision comes after the dismissal of two challenges launched by Israel disputing the Court’s jurisdiction. The warrants against Netanyahu and Gallant are issued after the Chamber found ‘reasonable grounds’ to believe the individuals bear criminal responsibility for alleged ‘crimes against humanity and war crimes’. Netanyahu responded later on Thursday to the news of a warrant being issued against him, claiming that the ICC’s warrant is based on ‘false’ accusations made by ‘biased judges who are motivated by antisemitic sentiments against the one and only Jewish state’, and that ‘no war is more just than the war that Israel has been waging in Gaza’. US President Joe Biden has called the decision ‘outrageous’, stating that ‘whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas’. Downing Street, though declining to comment on the specific case, has indicated that it will fulfil its ‘legal obligations’ as imposed under international law. Home Secretary Yvette Cooper, speaking to Sky News, added that it is ‘not really a question of should; we are required to because we are members of the ICC.’
A Wyoming Judge on Monday struck down the State’s ban on abortion – including its explicit ban on abortion pills – following a legal challenge brought by a group of women and non-profit organisations. Melissa Owens, Teton Country district judge, ruled that the ban violated a 2012 state constitutional amendment which enshrined the right of Wyoming citizens to have control over their healthcare decisions. Owens stated in judgment that ‘abortion procedures constitute essential health care for pregnant women’ and that there is ‘no compelling governmental interest to eliminate abortion procedures based on the State’s position that abortions are gruesome and barbaric’. Wyoming Governor Mark Gordon announced the day after judgment was handed down that he has instructed the Attorney General to prepare an appeal to the Wyoming Supreme Court, whose members were all appointed by anti-abortion Republican governors.
The Equality and Human Rights Commission published its written submissions last week in advance of the Supreme Court hearing in For Women Scotland v Scottish Ministers, in which it has been granted permission to intervene. The case, which is likely to result in a landmark decision on the legal definitions of ‘woman’ and ‘sex’, is due to take place on the 26th and 27th of November. The appeal has been brought by the controversial gender-critical campaign group For Women Scotland and contests the lawfulness of Scottish Government guidance which states that a person with a Gender Recognition Certificate that recognises their gender as female is to be treated as having the sex of woman. The EHRC’s submissions on appeal take the view that the definition of sex in the Equality Act ‘creates significant inconsistencies, which impair the proper functioning of the Equality Act and jeopardise the rights and interests of women and same-sex attracted people. […] As the equality regulator, we deem this to be a wholly unsatisfactory situation, which Parliament should address with urgency’. Amnesty International UK, who are also intervening, have stated that they are doing so because they believe ‘it is vital the Court is assisted by submissions setting out why legal gender recognition is a human rights issue and that trans people should not be expected to live without it’. A case note on the decision being appealed this week can be found here on the blog.
This week the Terminally Ill Adults (End of Life) Bill was published, with the second reading vote scheduled for 29 November 2024. The bill would allow terminally ill adults, who have capacity, to request to be provided with assistance to end their own life (clause 1). “Terminally ill” is defined in the bill to mean that the requestor has an inevitable progressive illness that cannot be reversed by treatment and as a result their death can reasonably be expected within six months (clause 2). The requestor would be assessed by two doctors (see clauses 7 and 8) and their request would be subject to approval from a High Court judge (clause 12). The bill confirms that medical workers who object to assisted dying will have no obligation to provide assistance (clause 23). The bill also creates offences of dishonesty, coercion or pressure in relation to requesting assistance (clause 26) and falsification or destruction of documentation regarding requests of assistance (clause 27). The controversial bill has stirred debate regarding the proper balance between bodily autonomy and safeguarding vulnerable people. On this blog, there has been a debate on whether the bill would place the UK in breach of article 2 ECHR (available here and here). There is also discussion of “slippery slopes” ie. whether once the bill has passed assisted dying could be made available to a wider range of requestors and the potential dangers (available here and here).
Last Thursday, legislation providing for safe access zones around abortion clinics came into force. Within these safe access zones, it is now a criminal offence to intentionally or recklessly:
influence any person’s decision to access or facilitate abortion services at an abortion clinic;
obstruct any person from accessing or facilitating abortion services at an abortion clinic; or
cause harassment, alarm or distress to any person in connection with a decision to access, provide or facilitate abortion services at an abortion clinic.
Dame Diana Johnson, Crime and Policing Minister, has stated that she is “confident that the safeguards we have put in place today will have a genuine impact in helping women feel safer and empowered to access the vital services they need”. Last week also saw the introduction of a new preventative duty under the Equality Act 2010 with employers now being required to take “reasonable steps” to prevent the sexual harassment of their employees.
In Other News
The Israeli Knesset (Parliament) voted by a 92-10 majority last Monday night to adopt two bills banning the UN’s Palestinian refugee agency (UNRWA) from Israel and the Occupied Palestinian Territories and labelling it a terrorist organisation. Israeli PM Benjamin Netanyahu said in a post on X (formerly Twitter) that “UNRWA workers involved in terrorist activities against Israel must be held accountable. Since avoiding a humanitarian crisis is also essential, sustained humanitarian aid must remain available in Gaza now and in the future”. However, no alternative aid structure has been proposed, leading to serious concerns about the availability of aid in the region. The new laws are likely to have the effect of forcing the closure of the UNRWA headquarters in East Jerusalem. In response to the vote, UN Security Council President Pascale Christine Baeriswyl has issued a press statement confirming that the members of the Security Council have “underscored that UNRWA remains the backbone of all humanitarian response in Gaza, and affirmed that no organization can replace or substitute UNRWA’s capacity and mandate to serve Palestinian refugees and civilians in urgent need of life-saving humanitarian assistance”. Philippe Lazzarini, UNWRA Commissioner-General, has said that the vote “sets a dangerous precedent” and “will only deepen the suffering of Palestinians” who have already “been going through sheer hell”.
Charity Human Rights Watch (HRW) criticised last week a bill under consideration by the Armenian government which is seeking to enforce mandatory video surveillance across the capital city. HRW have stated that the surveillance is “unjustified and interferes with privacy and other rights”, claiming that it would have a “chilling effect on fundamental civil and political rights”. The proposed laws would require private entities to install surveillance equipment and provide police 24/7 access to live video feeds. HRW referred to a 2022 report from the United Nations High Commissioner for Human Rights on the right to privacy in the digital age which states that mass surveillance for the purposes of general monitoring, of the same type the proposed bill would introduce, is an “almost invariably disproportionate” interference with the privacy of individuals. The Armenian parliament is expected to have a final vote on the bill before the close of the year.
In the Courts
The Supreme Court has handed down judgment in the case of Tindall v Chief Constable of Thames Valley Police, confirming that the police do not owe a positive duty of care in law to protect individuals from harm. The facts of Tindall concern a driver who, after hitting a patch of black ice on the A413 and temporarily losing control but escaping serious injury, reported the ice to the police. The police attended the scene but did not take any effective action to remove the danger, resulting in the deaths of two drivers shortly afterwards who collided after skidding on the same patch of ice. While the Court accepted that the actions of the police amounted to a ‘serious dereliction of their public duty owed to society at large’, it was held that public authorities such as the police are not liable for merely ‘failing to protect’ members of the public. The Court interestingly agreed that the police would have been liable had they actively made matters worse; however, this was not the case on the facts. Tindall is the latest in a controversial line of cases denying that the police should owe a legal duty of care to protect individuals from harm as a result of their special status.
Judgment has also been given in Abu Qamar v Secretary of State for the Home Department, a human rights appeal won by a Palestinian student who had her UK visa revoked after making highly controversial comments regarding the 7 October attacks last year. The First-tier Tribunal (Immigration and Asylum Chamber) held that the Home Office decision constituted a “disproportionate interference with her protected right to free speech” under the ECHR and that the Home Office had failed to show that Abu Qamar’s presence in the UK was “not conducive to the public good”. The Tribunal referenced the “clearly recognised and fundamental distinction between supporting the Palestinian cause and supporting Hamas and their actions,” stating that “nowhere” did the appellant “express support for Hamas specifically, or their actions”. In particular, her referring to Israel as an “apartheid state” was said to be “consistent with views expressed publicly by human rights organisations”.
A presumption of anonymity for firearms officers facing criminal proceedings following police shootings, up until the point of conviction.
Raising the threshold for the Independent Office for Police Conduct (IOPC) to refer police officers to the Crown Prosecution Service (CPS) so that only cases with a reasonable prospect of conviction are referred.
A rapid independent review to consider the legal test for use of force in misconduct proceedings and the threshold for unlawful killing in inquests.
An examination of CPS guidance and processing in charging police officers for offences committed in the course of their duties.
Creating a national database of deaths or serious injuries following police contact or pursuits to incorporate the findings into training and guidance.
IOPC victims’ right to review to be placed on a statutory footing.
The Supreme Court has considered what alternative remedies claimants should seek instead of launching judicial review proceedings. Noeleen McAleenon claimed that she suffered physical symptoms and a deterioration in her mental health due to the odours emanating from a landfill site close to her home. She complained to her local council, Lisburn & Castlereagh City Council, and subsequently launched judicial review proceedings alleging that the council failed to conduct a proper investigation of the nuisance odour, as well as making an article 8 ECHR claim. The council argued that Mrs McAleenon should have sought alternative remedies such as a private prosecution or a nuisance claim against the manager of the landfill. The Supreme Court stated that judicial review is less time consuming and expensive than either a private prosecution or a nuisance claim. Either of those options would not provide Mrs McAleenon with remedies as extensive as her judicial review or article 8 claim, with regard to availability and the quantum. Furthermore, it is not appropriate for a public authority to seek to avoid liability by pointing to an alternative defendant, in this case the manager of the landfill.
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