Minimum standards of dignity must be upheld for asylum seekers

R (on the application of ZO (Somalia) and others) (Respondents) v Secretary of State for the Home Department (Appellant) [2010] UKSC 36 – Read judgment

The Supreme Court has ruled that the UK must provide minimum standards to asylum seekers, including the right to work, whether or not their first asylum application has failed. Asylum seekers will now be able to work if they have been waiting for over a year for a decision.

The ruling is the latest in a line of court defeats for the Government on its asylum policy, including the recent High Court ruling that part of the fast-track deportation system is unlawful, as well as the Supreme Court’s rejection of the policy of sending gay asylum seekers back to countries where they may face persecution for their sexuality.

Parliament Square protesters lose eviction appeal [updated]

Hall & Ors v Mayor of London (On Behalf of the Greater London Authority) [2010] EWCA Civ 817 (16 July 2010) – read judgment

The Mayor of London has won a court order to evict a camp of protesters from Parliament Square, with the Court of Appeal upholding a decision of the High Court stating that the Mayor’s response to the protest was proportionate and not a breach of the protesters’ human rights.

The protesters had gained a temporary reprieve by appealing the decision to the Court of Appeal, but that appeal has now been rejected. The BBC report that Boris Johnson, the mayor of London, said “I think it’s wonderful that as a city we can protest. But it is nauseating what they are doing to the lawn“.

Supporting terrorism and the criminal law [updated]

The criminalisation of support for terrorist organisations has arisen in various domestic and international contexts recently, and it is likely that the issue will continue to attract controversy as states attempt to trace the boundaries of what can fairly be considered “support” for terrorism, and risk criminal legislation unjustifiably infringing on human rights.

The Human Rights in Ireland blog has posted the first in a series addressing the issue (update – the second post in the series is now available, see below). In the post, Dr. Cian Murphy suggests that “One of the most corrosive effects on political freedom during the “war on terrorism” has been that caused by material support legislation.” He goes on to refer to three recent decisions, including the 2008 Kadi case on EU implementation of UN sanctions against individuals linked to the Taleban, al-Qaeda and bin Laden (see ASIL case comment).

Parliament Square protesters evicted: analysis of judgment

The Mayor of London v Hall & Ors [2010] EWHC 1613 (QB) (29 June 2010) – Read judgment

The Mayor of London has won a court order to evict a camp of protesters from Parliamentary Square, with the High Court stating that his response to the protest was proportionate and not a breach of the protesters’ human rights.

The protesters have gained a temporary reprieve by appealing the decision, and according to their website have therefore delayed their eviction until at least 4pm on Friday 2 July

As we posted earlier this month, during the build-up to the General Election a number of protesters erected tents and flags in Parliament Square, a green outside the Houses of Parliament. The protesters named the site “Democracy Village”. Boris Johnson, the Mayor of London, launched an action for possession against the protestors, who he claimed were trespassing on Parliament Square.

Parliament Square protesters to be evicted by Mayor

The Mayor of London has won a court order to evict a camp of protesters from Parliamentary Square. The protesters have won a temporary reprieve by appealing the decision.

As we posted earlier this month, during the build-up to the General Election a number of protesters erected tents and flags in Parliament Square, a green outside the Houses of Parliament. The protesters named the site “Democracy Village”.

Boris Johnson, the Mayor of London, launched an action for trespass against the protestors.

British Airways strike and human rights – the union strikes back

British Airways Plc v Unite the Union [2010] EWCA Civ 669 (20 May 2010) – Read judgment

Last month Unite won their appeal against an injunction obtained by British Airways in the High Court preventing their members from striking. The judgment has some potentially important implications for human rights, and in particular the right to free assembly.

The strike has already been the most damaging in British Airways’ history and they airline are now preparing for another round of strikes with Unite threatening to ballot its members for a third time.

Today the Confederation of British Industry (CBI) called for a change in the law to make it harder to bring strikes. Amongst other things, they are lobbying for the number of workers who need to agree to a strike before it can take place to be raised to 40%, which they say would “prevent strikes going ahead based on a relatively small turnout of particularly active members.”

Democracy Village: Peaceful protest under human rights law

Brian Haw

The Coalition Government have promised to “restore the right to non-violent protest”, but Boris Johnson, the Mayor of London, is bringing court proceedings to evict protesters from Parliament Square. What are the human rights implications?

During the build-up to last month’s General Election, a number of protesters erected tents and flags in Parliament Square, a green outside the Houses of Parliament. The protesters still remain and have named the site “Democracy Village”. Brian Haw, famous for his protests against the Iraq war, is amongst the protesters.

Now Boris Johnson, the Mayor of London, has decided that enough is enough and is to institute trespass proceedings against the protesters. The BBC quotes a spokesman for Mr Johnson, who said “The mayor respects the right to demonstrate, however the scale and impact of the protest is now doing considerable damage to the square and preventing its peaceful use by other Londoners, including those who may wish to have an authorised protest.“

The British Airways strike and the human right to free assembly [updated]

British Airways Plc v Unite the Union Queen’s Bench Division, 17 May 2010 – Read judgment

Update (07/06/20) – this decision was reversed by the Court of Appeal on 20/05/10. We will comment on the Court of Appeal decision when it is available.

The High Court has granted an injunction for the second time in 6 months against a strike planned by British Airways cabin crew, scheduled to begin today. Those who had trips planned will be delighted, but the Unite trade union who represented the workers have called the decision a “landmark attack on free trade unionism and the right to take industrial action” and are to appeal the judgment.

The union argued that a recent series of similar injunctions against strike action ran foul of the Human Rights Act 1998. Article 11 of the European Convention on Human Rights grants the right to freedom of assembly. However, the right can be restricted in certain limited circumstances, as it was in this case.