UK
UK Ministry of Justice found tracking journalists who make information requests
Source: The Jurist
August 28, 2023
A Times investigation revealed on Saturday that the Ministry of Justice has been tracking journalists who make information requests. In the UK, the right to request and access recorded information held by public authorities is protected under the Freedom of Information Act 2000 (FOIA) and Freedom of Information (Scotland) Act. By law, UK public authorities must respond to any requests for information. According to the Times’ report, a Times reporter made a subject access request and discovered the documents of background profiles on journalists that make freedom of information requests, which was compiled by Ministry of Justice officials.
Leer el resto de esta entrada »EHRC: UK Government failed to follow UN advice to protect disabled people
Source: The Jurist
August 17, 2023
In response to a report released Thursday, the Equality and Human Rights Commission (EHRC) has claimed that the UK Government has “failed to make necessary reforms” to help disabled people in the UK, as recommended by the UN in 2016, leading to “many disabled people continu[ing] to face discrimination in the UK.”
Leer el resto de esta entrada »Telegraph: UK and Italy plan partnership to tackle immigration across Mediterranean
Source: The Jurist
July 03, 2023
The UK and Italy have plans to create a strategic migration partnership to tackle the increasing number of migrants crossing the Mediterranean, according to an exclusive report from the London Telegraph on Friday. This partnership, modeled after the current agreement between UK and France, seeks to strengthen collaboration in combating human trafficking, exchanging intelligence and coordinating joint efforts involving border fences and national crime agencies.
Leer el resto de esta entrada »UK woman sentenced to 2+ year prison over medically induced abortion
Source: The Jurist
June 13, 2023
A UK court sentenced a woman Monday to more than 2 years prison after she obtained medication to induce an abortion after the legal limit of 24 weeks of pregnancy. The sentence received immediate condemnation from non-governmental organizations (NGOs) working in the reproductive health space, with the provider of the medication used to induce the abortion in the case describing the governing law as “archaic.”
The Crown Court at Stoke on Trent heard the case of Clara Foster, who received medication following a remote consultation with the British Pregnancy Advisory Service (BPAS). Foster received abortion medication via the “pills by post” scheme. First introduced in 2020, the scheme allows people to terminate pregnancies, up to ten weeks, at home through the use of medicine. After 10 weeks, the procedure is carried out in a clinic.
Leer el resto de esta entrada »UK Parliament Human Rights Committee condemns controversial migration bill
Source: The Jurist
June 11, 2023
The UK Parliament’s Human Rights Committee on Sunday condemned the country’s proposed Illegal Migration Bill in their latest report and urged the government “not to breach its legal obligations to refugees, children and victims of modern slavery, and to play its part in the global system of refugee protection.” Government officials have claimed the bill will “deter (so-called) ‘illegal’ entry and prevent people smuggling and further deaths in the Channel.”
The 154 page report evaluates the Bill’s compatibility with the UK’s human rights obligations, including the UN Refugee Convention, the European Convention on Human Rights (ECHR), the UN Convention on the Rights of the Child (UNCRC) and the Council of Europe Convention on Action Against Trafficking (ECAT).
Leer el resto de esta entrada »UK asylum bill passes House of Commons second reading amid controversy
Source: The Jurist
March 13, 2023
The UK House of Commons Monday approved the controversial Illegal Immigration Bill, which seeks to “prevent and deter unlawful migration,” by a vote of 312 to 249. The bill will now pass to the committee stage of the House of Commons.
Organizations like the Law Society of England and Wales have raised concerns that the bill would violate international law. Some of the provisions of the legislation include that migrants can be detained under new powers and can be removed to countries considered safe. Migrants with modern slavery cases would also be disqualified from protections against removal. Shadow Home Secretary Yvette Cooper stated that the bill denies children “any protection from modern slavery” and said the Labour Party would not support the bill. Alison Thewliss MP called the bill “an important dog whistle.”
Leer el resto de esta entrada »Derecho Internacional / International Law
UK lawmakers declare China’s treatment of Uyghurs genocide
Source: Jurist
April 24, 2021
British lawmakers unanimously declared China’s ongoing crackdown in Xinjiang a genocide on Thursday. With this, the United Kingdom joins the United States, Canada and the Netherlands in condemning Beijing’s actions against Uyghurs and other Muslim minorities in the far-west region in the strongest possible terms.
The motion was introduced by Conservative lawmaker Nusrat Ghani. In her speech she remarked, “while we must never misuse the term genocide, we must not fail to use it when it’s warranted.” Consequently, the House of Commons passed unopposed a non-binding resolution condemning “mass human rights abuses and crimes against humanity in Xinjiang Uyghur autonomous region.” The support for the motion is non-binding, meaning it is up to the government to decide what action, if any, to take next.
Leer el resto de esta entrada »Derecho Internacional / International Law
European Parliament passes trade and cooperation agreement with UK
Source: Jurist
April 28, 2021
The European Parliament passed the first post-Brexit trade deal with the UK Wednesday—the Trade and Cooperation Agreement. The deal was agreed to on December 31, 2020, and was ratified by the European Parliament on April 28 by a vote of 660 for, five against.
This deal was provisionally enacted in January in order to minimize trade disruptions between the EU Union and the UK. Provisional approval was set to expire on April 30, so the European Parliament’s ratification ensures that the flow of trade between the EU and the UK will continue uninterrupted.
Leer el resto de esta entrada »Derechos Humanos / Human Rights
UN rights official urges UK legislators to review armed forces bill
Source: Jurist
April 14, 2021
UN High Commissioner for Human Rights Michelle Bachelet on Monday urged the UK Parliament to amend the proposed new Overseas Operations Bill, which, in its current form, risks undermining key human rights obligations of the UK by “shielding its military personnel operating abroad from due accountability for acts of torture or other serious international crimes.”
The Overseas Operations (Service Personnel and Veterans) Bill, according to its explanatory notes, aims to “provide greater certainty for Service personnel and veterans in relation to claims and potential prosecution for historical events, that occurred in the complex environment of armed conflict overseas.” However, according to Bachelet, under its current form, the bill would make it substantially less likely that UK service members on overseas operations would be held accountable for serious human rights violations amounting to international crimes. She further stated:
In its present form, the proposed legislation raises substantial questions about the UK’s future compliance with its international obligations, particularly under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), as well as the 1949 Geneva Conventions. These include obligations to prevent, investigate and prosecute acts such as torture and unlawful killing, and make no distinction as to when the offenses were committed.
The bill seeks to introduce a formal presumption against prosecution and requires prosecutors to “give particular weight” to certain matters, such as the conditions that service members were exposed to during deployment, in relations to criminal proceedings for overseas offenses that were committed by service members before five years of the date of trial.
The bill further requires the consent of the Attorney General in order for prosecutions of such crimes that were committed more than five years earlier to proceed. Finally, it places a duty on the Secretary of State to consider any possible derogations from its international human rights obligations as set out in the European Convention on Human Rights by allowing the bill’s provisions to have primacy over the UK’s human rights obligations.
The bill is currently being debated before the House of Lords, where peers recently voted to halt the passage of the bill in its current form until proposed amendments to the bill are approved.
Derecho de Familia / Family Law
UK Court of Appeals pronounces family court guidelines for cases of domestic abuse and child welfare
Source: Jurist
April 02, 2021
The UK Court of Appeal on Tuesday pronounced a landmark judgement expected to guide the family court’s approach towards allegations of domestic abuse. The case, Re H-N and Others (children), was concerning four appeals involving the welfare of children where allegations of domestic abuse had been made by at least one parent against the other. In this regard, the court took the opportunity to provide general guidance on issues of fact hearing, controlling and coercive behaviour, the use of Scott Schedules, and relevance of criminal law concepts.
It noted that the judiciary, when dealing with domestic abuse cases, needs to understand the subtle nature of controlling and coercive behaviour and its role in perpetuating harm against the other parent and the couple’s child.
In relation to fact-finding, while it upheld the general guidance provided by the Practice Direction 12J on Child Arrangements and Contact Orders: Domestic Abuse and Harm (PD12J), it noted that difficulties have arisen in its interpretation and implementation. It summarised and stipulated the “proper approach” that highlighted the need to consider the nature of the allegations, the extent to which the decision on the allegations would be relevant for deciding on the child arrangements order, conducting fact-finding with a view of risk-assessment and impact of the alleged abuse on the child, etc.
The Scott Schedules, which are used by family courts to delineate issues in dispute, were found to be ineffective because they only “identify specific factual incidents tied to a particular date and time, [and] are at risk of failing to focus on the wider context and whether there has been a pattern of coercive and controlling behaviour.” The court thus ruled that the Scott Schedules were now “a potential barrier to fairness and good process” and it is now time to “move away” from them.
Finally, it held that courts should “avoid analysing evidence of behaviour by the direct application of the criminal law” due to dual concerns of the potential psychological impact of sexual assault on a victim and the need for family courts to “avoid [being] drawn into an analysis of factual evidence based on criminal law proceedings.”
The court appreciated the legal aid to mothers, pro bono representation for fathers, and submissions by intervening bodies that allowed the court to adequately account for all perspectives on the issue
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