367 results
16 Apr 2019 10:23
UK Human Rights Blog: The Round UpIn the News On Monday last week, the government published its long-awaited white paper on online harms. The paper states that the the government will establish a new statutory duty of care on these companies to ‘take reasonable steps to keep their users safe and tackle illegal and harmful activity more...
15 Apr 2019 11:22
The Catt that got the cream - retention of data concerning peaceful protestor was an unlawful interference with article 8In Catt v United Kingdom [2019] ECHR 76, the European Court departed from and disagreed with the Supreme Court, holding that the police's collection and retention of data of a peaceful protestor was an unlawful interference with article 8 of the Convention. Mr Catt was a 94-year-old man from more...
15 Apr 2019 10:09
IBAHRI calls for respect of human rights and the rule of law in SudanFollowing the announcement of the ousting of Sudan’s President Omar Al Bashir and the Defence Minister, Ahmed Awad Ibn Auf, assuming leadership of the country, the International Bar Association’s Human Rights Institute (IBAHRI) calls on the army and transitional government to ensure respect for more...
15 Apr 2019 09:57
NHS CUMBRIA CCG -and- MRS JILLIAN RUSHTON (By her litigation friend, the Official Solicitor) -and- MR TIM RUSHTONBackground Mrs Rushton lived a long and happy life. In her youth she worked as a nurse, married a man who adored her, and together with her husband raised four sons. After her husband passed away, “the sweetness went out of her life”, and Mrs Rushton began to display the early signs of dementia. On more...
10 Apr 2019 15:25
UK Human Rights Blog: “Persons unknown” injunctions against future protest actionIntroduction In Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515, the Court of Appeal handed down a fascinating judgment exploring the tension between the exercise of the rights to freedom of assembly and freedom of expression and the protection of property rights. The case concerned more...
10 Apr 2019 10:16
UK Law Police Blog: Retention of crime reports about alleged teenage ‘sexting’ did not breach Article 8In R (CL) v Chief Constable of Greater Manchester & Secretary of State for the Home Department [2018] EWHC 3333 (Admin), the Divisional Court held that the retention by the police of crime reports which related to sexting incidents in which a schoolboy had allegedly been involved did not breach more...
9 Apr 2019 09:49
UK Human Rights Blog: The Weekly Roundup: Windrush compensation, fracking injunctions, and deportation of ‘foreign criminals’This week, the Home Secretary Sajid Javid launchedthe Windrush Compensation Scheme. It is estimated that the total compensation will be somewhere in the region of £200m, but critics note that individual payments may be ‘insultingly low’, as with a cap of £1,000 for those who left under a ‘voluntary’ more...
8 Apr 2019 10:05
Jail or bail? We can learn from the USAPeople who follow this blog know that I am slightly obsessed by the difference between face to face encounters and online/virtual ones. This week I went all the way to Boston USA to discuss the over-use of remand with International colleagues. It made a huge difference that we were all in a room more...
8 Apr 2019 09:49
IBAHRI statement on the situation of lawyers in TurkeyToday, 5 April 2019, on the occasion of the Lawyers’ Day in Turkey, the International Bar Association’s Human Rights Institute (IBAHRI) joined with over 30 other associations and organisations concerned with the rule of law and protection of the rights of lawyers to strongly condemn the ongoing more...
8 Apr 2019 09:47
Letter to President Maduro on ‘dismantling of democracy and the rule of law’ in Venezuela sent by IBAHRI and IBA-IAJThe leadership of the International Bar Association’s Human Rights Institute (IBAHRI) and the Ibero-American Group of the International Association of Judges (IBA-IAJ) have sent an open letter to Venezuela’s President Nicolás Maduro expressing ‘our concern over the progressive dismantling of more...
3 Apr 2019 09:17
UK Human Rights Blog: What will happen to Justice...the horse?In September last year a County Court judge in Washington, Oregon, threw out a case for lack of standing. The claim (Justice vs Gwendolyn Vercher Case 18CV17601) was filed in the name of an eight year old quarter horse whose abuse at the hands of his owner had led to a conviction and fine for animal more...
3 Apr 2019 09:10
IBAHRI condemns sentence against Venezuela’s Judge María Lourdes AfiuniThe International Bar Association’s Human Rights Institute (IBAHRI) strongly condemns the five-year prison sentence handed down against Judge María Lourdes Afiuni on 21 March 2019 in the absence of evidence of corruption. Judge Afiuni has faced numerous human rights violations after being more...
3 Apr 2019 09:03
New Brunei penal code permitting stoning to death for gay sex and adultery condemned by IBAHRIThe International Bar Association’s Human Rights Institute (IBAHRI) condemns the implementation of the Syariah Penal Code in Brunei – due to come into effect on 3 April 2019 – which permits stoning and whipping to death of anyone convicted of engaging in consensual same-sex sexual activity. Further, more...
1 Apr 2019 15:42
UK Human Rights Blog: The weekly round upWith a third rejection of Theresa May’s deal on Friday, Brexit remains a dismal subject. Dismal not only for its economic but for its human rights implications: this week, the Parliamentary Joint Committee on Human Rights published its report on the Immigration and Social Security Co-ordination (EU more...
1 Apr 2019 11:43
Philip Dayle wins in Privy Council appealThe Judicial Committee of Privy Council today allowed an appeal of a decision by the Court of Appeal of Jamaica. View summary here The successful appellant is a human rights organisation based in Jamaica, called Jamaicans for Justice (JFJ). They argued that the Police Service Commission (PSC) in more...
Article 8 Private Life and Involvement in a Business
In Onwuje v The Secretary of State for the Home Department [2018] EWCA Civ 331 (01 March 2018) the Court of Appeal considered the human rights appeal of a Tier 1 Entrepreneur and his family. One of the issues which arose was how the Appellant's involvement with his business related to his Article 8 more...
Court of Appeal Gives Guidance on the Assessment of Credibility
In SB (Sri Lanka) v The Secretary of State for the Home Department [2019] EWCA Civ 160 (14 February 2019) Green LJ gives some detailed guidance on the assessment of credibility by Tribunal Judges. The guidance will be useful to cite in grounds challenging a negative assessment of credibility or when more...
28 Mar 2019 09:55
IBAHRI supports ‘executive moratorium’ on the death penalty in CaliforniaThe International Bar Association’s Human Rights Institute (IBAHRI) welcomes the recent executive order by the Honorable Governor of California, Gavin Newsom, effectively imposing a moratorium on the death penalty in the North American state through the command of ‘reprieve for all people sentenced more...
26 Mar 2019 10:56
Domestic abuse: draft UK bill provisions underscored by Sally Challen retrialIn January 2019, the UK government published a landmark draft Domestic Abuse Bill, providing the first statutory definition of domestic abuse in England and Wales. Alongside incidents of physical violence, the new definition recognises psychological coercion and financial control as abusive more...
26 Mar 2019 10:25
The Round-Up: Christchurch, Islamophobia, Home Office Failures and Modern SlaveryA white supremacist murdered 50 worshippers and injured 50 more in two consecutive terrorist attacks at mosques in Christchurch, New Zealand during Friday Prayer on 15 March 2019. The victims’ ages ranged from 3 to 77. Immediately prior to the attacks, the perpetrator emailed a 73-page manifesto to more...
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