Why is asylum a human rights issue? Although the practice of states granting asylum is very old, the idea of political asylum as a basic right was first expressed in Article 14(1) of the 1948 Universal Declaration on Human Rights, prompted by the experience of those fleeing Nazi persecution in the run-up to and during […]
Youth justice
January 7, 2007
Why is youth justice a human rights issue? The trial and sentencing of children and young people for criminal offences engages a number of fundamental rights under the European Convention on Human Rights (ECHR). The rights most obviously engaged are Article 2 (right to life), Article 3 (prohibition of torture and inhuman or degrading treatment […]
DNA retention by police
What is DNA? DNA stands for deoxyribonucleic acid, the chemical that carries the genetic code for all human life. The study of DNA is important not only for increasing medical knowledge, but also for forensic purposes: because each individual’s DNA is both highly complex and unique to that person (or, at the very least, shared […]
Deportation on grounds of national security
What is deportation on grounds of national security? Under section 15 of the Immigration Act 1971, the Home Secretary has a very broad power to deport any foreign national whose removal from the UK he or she believes would be ‘conducive to the public good’. In Secretary of State for the Home Department v Rehman,(([2001] […]
Intercept evidence
What is intercept evidence? An ‘intercept’ is the technical term for the covert interception of private messages (whether via phone, post or email) by police and intelligence services. The most well-known form of interception is a telephone tap. However, with the rise of new technologies, increasing numbers of intercepts are made on electronic communications, such […]
Jury trial and serious fraud
January 6, 2007
Why is jury trial a human rights issue? Neither the International Covenant on Civil and Political Rights (ICCPR) nor the European Convention on Human Rights (ECHR) expressly guarantee the right to jury trial. This is unsurprising, given the different legal systems in place across the world and in the Council of Europe. Further, it is […]
Public authorities under the Human Rights Act 1998
Why does the definition of ‘public authority’ matter? S6 Human Rights Act 1998 (HRA) makes it unlawful for a public authority to act in a way that is incompatible with a person’s rights under the European Convention on Human Rights. Another way of putting this is to say that s6 imposes a duty on all […]
Equalities review
What is the Equalities Review? The Equalities Review was set up two years ago by the government in order to provide an understanding of the long-term, underlying causes of disadvantage, make practical recommendations on key policy priorities and inform the modernisation of equality legislation and the development of the Commission for Equality and Human Rights […]
Discrimination law review
What is the Discrimination Law Review? The Discrimination Law Review (DLR) was set up in February 2005 to ‘undertake a fundamental review of discrimination and legislation in Great Britain, and bring forward proposals for a clearer and more streamlined equality legislation framework, which produces better outcomes for those who experience disadvantage.’ The government asked it […]
Pre-charge detention in terrorism cases
What is pre-charge detention? Pre-charge detention is a shorthand term for the period that a person can be detained by the police between being arrested and being either charged with a criminal offence or released. What is the difference between pre-charge and post-charge detention? Once a person has been charged with a criminal offence, they […]