Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 60 pages
File Size : 12,61 MB
Release : 2011-10-13
Category : Business & Economics
ISBN : 9780108473791
A draft of the proposed instrument is available separately (ISBN 9780111512357 )
Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 28 pages
File Size : 22,91 MB
Release : 2012-05-28
Category : Business & Economics
ISBN : 9780108475924
A draft of the proposed instrument is available separately (ISBN 9780111521403 ). An earlier report on this subject published as HL 200/HC 1549, session 2010-12 (ISBN 9780108473791)
Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 74 pages
File Size : 30,61 MB
Release : 2012-04-04
Category : Business & Economics
ISBN : 9780108475788
The Joint Committee on Human Rights (JCHR) calls for statutory clarification of law on disclosure of national security-sensitive material, but finds no case for more extensive change. The Government has failed to make the case for extending "closed material procedures" to all civil proceedings and to inquests: the Government has not demonstrated that the fairness concern on which it relies to justify the proposal is in fact a real and practical problem. The Committee believes that closed material procedures are inherently unfair and the proposals in the Green Paper are a radical departure from longstanding traditions of open justice and fairness. Nor does it accept that replacing the current law governing disclosure of sensitive material (the law of Public Interest Immunity, or "PII") with closed material procedures is justified. The rule of law requires that decisions about the disclosure of material in legal proceedings be taken by judges not ministers and the current legal framework of PII has not been shown to be inadequate. There is a case, however, for that legal framework to be made clearer in the way in which it applies to national security-sensitive material and the Committee suggests how that could be done by legislation and changes to the Coroners Rules and guidance. The Committee regrets that the Green Paper overlooks the very considerable impact of its proposals on the freedom and ability of the media to report on matters of public interest and concern.
Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 48 pages
File Size : 25,54 MB
Release : 2014-03-03
Category : Business & Economics
ISBN : 9780108553448
The Joint Committee on Human Rights accepts that the measures in the Immigration Bill serve the legitimate aim of immigration control, but is concerned that some of them may be applied in practice in a way which breaches human rights in particular cases. The Committee is particularly concerned about the risk of the new provisions relating to residential tenancies giving rise in practice to homelessness in the case of people who have no right to remain in the UK but face genuine barriers to leaving. The Committee is also concerned to ensure that these measures do not give rise to an undue risk that migrant children will be exposed to homelessness or separation from family members. The provisions in the Bill on access to residential tenancies may heighten the risk of racial discrimination against prospective tenants, notwithstanding the fact that such discrimination is unlawful under the Equality Act. The First Tier Tribunal, not the Secretary of State, should decide whether it is within
Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 48 pages
File Size : 15,34 MB
Release : 2014-06-11
Category : Business & Economics
ISBN : 0108554589
The Joint Committee on Human Rights welcomes the provision in the Criminal Courts and Justice Bill, carried over from the last Session of this Parliament, which extends the current offence of possession of extreme pornography to include possession of pornographic images depicting rape and other non-consensual sexual penetration. The Committee considers this provision to be human rights enhancing, given the evidence of cultural harm done by such pornography, and acknowledges the strong justification provided for this proportionate restriction on individual rights. However, some of the provisions of the Bill cause concern. The Committee is disappointed that the Government has not examined the provisions of the Bill against all the relevant international standards relating to the rights of children. It urges the Government to provide further information in relation to SEN provision in secure colleges; and recommends that the Bill be amended to make explicit that secure college rules can only authorise the use of reasonable force on children as a last resort. The Committee also reports on the Deregulation Bill. It expresses its concern that application of the economic growth duty in that Bill to the Equality and Human Rights Commission (EHRC) risks the possibility of that body's UN accredited 'A' status being downgraded and could put the UK in breach of its obligations under EU equality law. It recommends that this duty not be applied to the EHRC unless that body is satisfied that it can be done in a way that will not restrict its independence.
Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 56 pages
File Size : 33,87 MB
Release : 2013-12-18
Category : Business & Economics
ISBN : 9780108551680
The Joint Committee on Human Rights accepts that the measures in the Immigration Bill serve the legitimate aim of immigration control, but is concerned that some of them may be applied in practice in a way which breaches human rights in particular cases. The Committee is particularly concerned about the risk of the new provisions relating to residential tenancies giving rise in practice to homelessness in the case of people who have no right to remain in the UK but face genuine barriers to leaving. The Committee is also concerned to ensure that these measures do not give rise to an undue risk that migrant children will be exposed to homelessness or separation from family members. The provisions in the Bill on access to residential tenancies may heighten the risk of racial discrimination against prospective tenants, notwithstanding the fact that such discrimination is unlawful under the Equality Act. The First Tier Tribunal, not the Secretary of State, should decide whether it is within its jurisdiction to consider a new matter raised on an appeal. In the report, the Committee concludes that the restriction on appeal rights might constitute a serious threat to the practical ability to access the legal system to challenge unlawful immigration and asylum decisions, and to enforce the statutory duty to have regard to the need to safeguard and promote the welfare of children when exercising immigration and asylum functions. The Committee also comments on other aspects of the Bill.
Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 48 pages
File Size : 16,96 MB
Release : 2013-11-18
Category : Business & Economics
ISBN : 9780108551512
This report welcomes the Bill's potentially human rights enhancing objectives of taking measures to protect the public from crime, at the same time as focusing on rehabilitation and extending positive support to those vulnerable people who receive short-term prison sentences. However, it remains concerned that insufficient information was provided by the Government (i) to demonstrate the compatibility of the provisions of the Bill with relevant international standards other than the ECHR and (ii) to support its assertion that the proposals have been considered fully in line with the requirements of the Equality Act 2010. The Committee calls on the Government to publish the information which demonstrates this without delay. The Committee welcomes the Government's assurance that private providers of probation services are obliged to act compatibly with human rights law but recommends that there should be statutory provision in the Bill setting out the providers' duties. The Committee calls on the Government to develop clear guidance on the human rights obligations of private probation providers, and to set out how it will monitor the performance of the contracted providers in this regard
Author : Karen Harrison
Publisher : John Wiley & Sons
Page : 533 pages
File Size : 41,97 MB
Release : 2013-04-01
Category : Psychology
ISBN : 1119945550
This handbook combines the latest theory on a high-profile, complex subject in criminology, exploring the legal and ethical dimensions of society’s response to sex offenders in jurisdictions from the USA to Japan. The first publication to offer a detailed and wide-ranging analysis of legal and ethical issues relating to sex offender treatment and management Covers a range of related issues, from media coverage to equality duties Presents research from numerous national jurisdictions including the UK, USA, Australia, New Zealand, Canada, Norway, Germany, Netherlands, Japan, and Israel Includes perspectives from respected leading academics and practitioners, including William Marshall, Tony Ward, Doug Boer, Daniel Wilcox, and Marnie Rice
Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 60 pages
File Size : 42,77 MB
Release : 2013-10-18
Category : Business & Economics
ISBN : 9780108551383
While it accepts that there may be a pressing need to reform non-party campaigning, the report Legislative Scrutiny: Transparency Of Lobbying, Non-party Campaigning And Trade Union Administration Bill (HL 61, HC 755) calls on the Government to pause the passage of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill to allow for further scrutiny and for further consultation with the Electoral Commission, the Commission on Civil Society and Democratic Engagement and relevant stakeholders. The report recommends that there be more careful consideration of the potential impact on campaigners' rights to free speech and freedom of association. The Committee welcomes the Government improvements made to Part 2 during its passage though the Commons, but suggest that concerns remain. The Joint Committee express concerns regarding: the lack of clarity about the practical effects of the provision in this Part of t
Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 108 pages
File Size : 35,68 MB
Release : 2013-10-11
Category : Business & Economics
ISBN : 9780108551369
The Joint Committee on Human Rights accepts the need for a counter-terrorism power to stop, question and search travellers at ports and airports without reasonable suspicion, but calls for a reasonable suspicion threshold to be introduced for the more intrusive powers such as detention, searching and copying the contents of personal electronic devices like mobile phones and laptops, and taking biometric samples. The Committee welcomes the improvements made to the powers in Schedule 7 of the Terrorism Act 2000 to stop, question, search and detain at ports, but still considers that a number of significant human rights compatibility concerns remain with those powers even after the changes have been made. The Committee recommends a number of other amendments to the Bill with regards to preventive measures against anti-social behaviour. Whilst cautiously welcoming the Bill's provision to criminalise forced marriage, the Committee believes the new law must be implemented and monitored carefully to ensure that it is not counter-productive for victims. The Committee also recommends additional measures to protect against the potential for prolonged retention of DNA and other personal samples in criminal investigations.
