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[ 21 Jul 2014 | No Comment ]
Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad?

What is the background to this case?

The appellant is a British national who was convicted of drug trafficking offences in Indonesia and sentenced to death. She is currently awaiting execution in prison in Bali. The respondent claimed to have a strict “bright line” policy never to provide legal funding in criminal proceedings abroad, even where the death penalty may apply. The Supreme Court granted permission to appeal from the judgment of the Court of Appeal only on the issue of whether the respondent’s policy was irrational or incompatible with the …

Blog, Featured, Human Rights »

[ 21 Jul 2014 | No Comment ]
Mental Capacity Bill: lessons from Northern Ireland

By Alexander Ruck Keene
Almost unnoticed in England, the first part of a new draft Mental Capacity Bill has recently been published in Northern Ireland (out for consultation until 2 September 2014), along with the proposals for those subject to the criminal justice system. The civil provisions in the draft Bill – which applies to those over the age of 16, appear at first blush superficially similar to the Mental Capacity Act 2005 (MCA 2005). Terms such as “capacity” and “best interests” appear, and the tests for the assessment of both …

Blog, Headline, Human Rights »

[ 21 Jul 2014 | No Comment ]
Assisted Dying Bill: unsatisfactory

By Khawar Qureshi and Catriona Nicol
On 18 July 2014, the House of Lords debated the Assisted Dying Bill which is described as “A Bill to enable competent adults who are terminally ill to be provided at their request with specified assistance to end their own life; and for connected purposes.”
The draft Bill legalises physician-assisted dying – provided that certain conditions are met, terminally ill individuals can obtain a prescription from a doctor which they can then administer themselves to bring about their own death.[1] However, the proposed change in the law has …

Blog, Headline, Human Rights »

[ 18 Jul 2014 | No Comment ]
Female genital mutilation: a breach in the UK’s duty of care?

A report by the Home Affairs Committee (HAC) is a response to what it calls the “ongoing national scandal” of female genital mutilation (FGM). FGM is the mutilation of the genitalia of young women and girls for non-medical reasons. The history of FGM in the UK makes for sobering and shocking reading. It is estimated that 170,000 women and girls are living with the legacy of FGM in this country and 65,000 girls aged 13 or under are at this moment at risk of mutilation. Despite having been criminalised here …

Blog, Featured, Human Rights, Uncategorized »

[ 17 Jul 2014 | No Comment ]
Google “Right to be forgotten” – freedom of expression v privacy

By Caroline Benham
In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?
Whatever the answer, the ruling has polarised …