The future of human rights, a decade on

Two prominent public law barristers spoke last night on the future of the Human Rights Act at the annual seminar organised by the Constitutional and Administrative Bar Association.

The seminar had a special significance as the HRA has just celebrated its 10th birthday. Both speakers looked to the future of the act in light of the coming budget cuts and economic austerity policies.

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Top 10 posts of all time

To celebrate our six-month birthday, and following the Inforrm Blog’s lead, here are our 10 most popular posts of all time.

We launched the UK Human Rights Blog on 31 March 2010 and since then have had 86,070 page views, with over 20,000 coming this month alone. So thank you to all of our readers, and enjoy the top 10! As always we welcome your comments on any aspect of the blog.

  1. British Airways strike and human rights – The union strikes back
  2. Pilot accused of 9/11 plot entitled to compensation
  3. Rooney, Coulson and Hague scandals reveal the need for stronger protection of the press
  4. Human Rights Act may be safe under new Justice secretary Ken Clarke
  5. European Court of Human Rights sharpens its teeth
  6. Sarah Ferguson scandal raises debate on right to privacy
  7. Sex offenders’ lifelong living and travel restrictions were breach of human rights
  8. Religious versus other freedoms: the future of Article 9?
  9. Lord Bingham of Cornhill dies, loss of eloquent advocate for individual rights
  10. France expulsion of Roma: the EU law perspective

Human rights roundup: Green Milibands, press freedom and Guantanamo Bay rights

Some of this week’s human rights news, in bite-size form. The full list of our external links can be found on the right sidebar or here:

Can an institution demand a CRB check from tutors visiting to train staff? – Anna Fairclough, Liberty: Another excellent answer to a human rights question via the Guardian’s Liberty Clinic. This edition addresses the overzealous use of Criminal Records Bureau checks by employers. I referred to this issue in a recent roundup, as Nacro, a crime reduction organisation, is campaigning to reform the Rehabilitation of Offenders Act so that ancient and trivial criminal offences would no longer be a bar to employment as they often are now.

Which Miliband is greenest? – Halsbury’s Law Exchange: Stephen Hockman QC, an environmental law expert, says that both Milibands have done more than the current government to promote green issues. Perhaps when David returns to front-line politics he will take up the environmental post his brother recently vacated. We have been featuring environmental law recently on the blog – see a list of recent posts here. Also, good to see the Halsbury’s Law Exchange are now blogging regularly!

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The future of the Human Rights Act, a reminder

Lord McNally

Lord McNally, the minister of state for justice, has told the Liberal Democrat Party conference that the Justice Ministry is looking at the Human Rights Act, not to “see how we can diminish it”, but so it can be “better understood and appreciated.”

There will be, he said, “no retreat” over human rights. His comments have been reported as “likely to anger” backbench Tory MPs, who have “long criticised the HRA”.

In reality the reports may cause anger, but they will come as absolutely no surprise. Whilst it is true that the Conservatives pledged in their election manifesto to repeal the act, a lot has happened since then.

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Human Rights roundup: Supreme Court for MP expenses, 'spent' convictions and opening up family justice

Some of this week’s human rights news, in bite-size form. The full list of our external links can be found on the right sidebar or here:

New human rights body must be independent, says Law Society: The Foreign Secretary announced a new independent advisory group, including non governmental organisations and independent experts, to advise ministers on human rights issues (see our post). The Law Society says it should be on it.

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Baroness Hale still 'embarrassed' to be only diversity Supreme Court Justice

The UK Supreme Court Blog has posted an exclusive interview with Baroness Hale, the Supreme Court’s only female judge. The interview is worth reading in full but I would like to highlight a few of her comments which are relevant to human rights.

By way of background, Baroness Brenda Hale is the first and only woman who sits in the UK’s highest appeal court. She came to the bench after a career in academia and a post at the Law Commission. As she admits in the interview, he areas of interest – such as family law, human rights and equality law – are quite different from those of the other justices who mostly come from a commercial law background.

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Human rights roundup: Koran burning, Diplomatic assurances and the LSC saga continues

Terry Jones- book burning called off

Some of this week’s human rights news, in bite-size form. The full list of our external links can be found on the right sidebar or here:

13 Sep | Terrorist suspect loses “deportations with assurances” appeal – Press Association: A suspected terrorist (‘XX’) with links to the failed July 21 bombings in London will be deported to Ethiopia in the interests of national security, a court has ruled. The Home Office have said this is a victory for their “deportation with assurances” policy which allows individuals who could not ordinarily be deported – due to risk of human rights violations – being returned with diplomatic agreement that they will not face danger (see here for an explanation). The ruling is not yet available but we will comment on it when it is. The Home Office will be relieved that this is not another case of being unable to deport a suspected terrorist due to human rights consideration (see this post).

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Human rights roundup: Phone-hacking, family law wrangling and how to not represent yourself in court

Hoovering up the human rights news

Some of this week’s human rights news, in bite-size form. The full list of our links can be found on the right sidebar or here:

7 Sep | Phone tapping row prompts surveillance law review – politics.co.uk: More on the phone-hacking scandal. The government say they will look at whether the law needs changing to make convictions easier. See our post here.

7 Sep | Plans to extend freedom of information – Ministry of Justice: This is not new news, but it good to hear the government is still looking to fulfil its post-election pledge to”extend the scope of the Freedom of Information Act to provide greater transparency” so that it is easier for the general public to get information from the government. See our posts here and here. The new government is placing great store in freedom of information as, in theory, better and easily accessible information will empower the ‘big society’ (that is, non-governmental organisations). Interestingly, Tony Blair has said in his new book that the Freedom of Information Act is one of his biggest regrets (see this FT blog).

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Human rights roundup: The FCO, Shoesmith, and local authorities taking over the world

Some of this week’s human rights news, in bite-size form. The full list of our links can be found on the right sidebar or here:

FCO decision on human rights report ‘puts businesses at risk’ – The Law Gazette: The Foreign and Commonwealth Office (FCO) has threatened to cut back on its annual international human rights report. The President of the Law Society has said human rights are an “increasingly a prominent risk factor in business”, but it is not clear what this really means, beyond corporate social responsibility which is at most seems a peripheral business consideration. We questioned earlier this week (see post) whether foreign policy and human rights could or should mix.

Treasury attacked over equality impact of budget – The Law Gazette: More details of the Fawcett Society’s threatened judicial review of the budget, on the grounds that the Treasury did not carry out an appropriate equality impact assessment. Apparently, research by the House of Commons library has shown that 72& of the savings will come from women’s income. See our post on the disappearing Public Sector Equality Duty.

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The invention of human rights

In a fascinating new essay, Samuel Moyn, a history professor at Columbia University, examines the history of human rights. He concentrates on the concept of international human rights from a U.S. perspective, but many of his observations are highly relevant to those with an interest in UK human rights. As is often the case, examining the movement’s history provides interesting clues as to its future.

Moyn begins by recalling US President Jimmy Carter’s 1977 inaugural speech, when he said that “Because we are free we can never be indifferent to the fate of freedom elsewhere... Our commitment to human rights must be absolute.” Our own Foreign Secretary made a similar commitment after the May 2010 election. But whereas now the concept is well known, in 1977, Moyn says, many people had never heard of “human rights”, and no previous president had mentioned the concept in any substantive way. Interestingly, the current US president Barak Obama has barely mentioned human rights during his time in office, and this may well be a reaction to his predecessor George Bush’s invocation of human rights to justify the invasion of Iraq.

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