Tag: European Convention on Human Rights
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Karolina Szopa and Jamie Fletcher: The Future of Abortion Rights under the European Convention on Human Rights in Light of Dobbs
Introduction On Friday 24th June 2022, in Dobbs v Jackson Women’s Health Organization, the US Supreme Court (SCOTUS) overruled the right to an abortion nearly 50 years since it first declared it a constitutionally protected right. An outpour of protests and condemnation followed the release of the opinion, with many legal professionals, politicians and NGOs across Europe speaking out…
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Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 3: An Assessment
This post completes my analysis of the Government’s Proposals for reform of the Human Rights Act 1998, following Part 1 (outlining the proposals) and Part 2 (analysing the interaction with the common law, the UK Supreme Court, and the intention to sharpen the focus on fundamental rights). This post considers three final themes of the…
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Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 2: An Assessment
The Government explains its Proposals in its Human Rights Act Reform: A Modern Bill Of Rights: A consultation to reform the Human Rights Act 1998 (CP 588), which represent a radical departure from the HRA. The specific Proposals are developed in the context of broader themes: respecting our common law traditions and strengthening the role…
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Karolina Szopa: Condemning the Persecuted: Nationality and Borders Bill (2021) and Its Compatibility with International Law
Introduction In light of the ongoing migration issues, the UK’s government set out to reform the immigration system to make it fairer and more efficient, while aiming to tackle people smuggling and prevent unsafe routes to asylum. The Nationality and Borders Bill 2021, currently awaiting a second reading in the House of Lords, was introduced…
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Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety?
The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU Withdrawal Agreement and thus depart from the European Union (EU) soon thereafter, having received its third reading in the House of Commons just last week. This contribution examines certain major consequences deriving from the Bill becoming law…
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Richard Ekins: Human Rights and the Morality of Law
This is part of a series of posts in which Richard Ekins reflects upon Lord Sumption’s Reith Lectures. You can find the first post here. In his third Reith lecture, broadcast yesterday and entitled “Human Rights and Wrongs”, Jonathan Sumption examines international human rights law, “the main battleground between law and politics”. His strategy is…
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Eleni Frantziou: Administrative Formalities and Collective Disenfranchisement: The Situation of EU Citizens in the UK #DeniedaVote during the European Parliament Elections 2019
Political attention over the last few days has shifted towards the composition of the newly elected European Parliament, leaving largely to one side reports that EU citizens were denied a vote during the recent EP election in the UK. While the number of affected citizens remains unclear at the time of writing, the question of…
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Anne Smith and Colin Harvey: Where Next for a Bill of Rights for Northern Ireland?
On the 10 December 2018 we launched the findings of our research project funded by Joseph Rowntree Charitable Trust (JRCT) about the next steps for a Northern Ireland Bill of Rights. The 10 December 2018 was symbolic as it marked both the 10th anniversary of the Northern Ireland Human Rights Commission’s (NIHRC) advice to the…
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Lewis Graham: Hallam v Secretary of State: Under What Circumstances Can the Supreme Court Depart from Strasbourg Authority?
The Supreme Court recently handed down its decision in R (Hallam) v Secretary of State for Justice [2019] UKSC 2. It is an important and complex judgment, featuring seven separate judicial opinions and running to over 200 paragraphs. The central question was whether certain provisions of UK law concerning compensation for miscarriages of justice were…
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Emmanouil Bougiakiotis: E.S. v Austria: Blasphemy Laws and the Double Standards of the European Court of Human Rights
This case concerns the criminal conviction of an Austrian national because of a number of comments she made about Muhammad during some seminars she held under the title “Basic Information on Islam”. In one of those seminars she referred to Muhammad’s marriage with Aisha, one of his wives, implying that the fact that the marriage…