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Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104010426
Category : Law
Languages : en
Pages : 132
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Book Description
Section 6 of the Human Rights Act (HRA) makes it unlawful for public authorities to act in breach of Convention rights. UK courts have adopted a restrictive interpretation of the meaning of public authority, potentially depriving numerous, often vulnerable people, from the human rights protection afforded by the HRA. There has been little evidence of progress since the previous report on this matter (HL 39/HC 382, 7th report session 2003-4, ISBN 9780104004173). Chapter 2 examines developments in case-law since 2004 and the Committee considers the Government's 2005 guidance on contracting for services in the light of the Human Rights Act takes a very negative approach to the difficulties facing the use of contracts to secure better the protection of human rights, lacks accessibility and is difficult to understand, and has little or no influence on the procurement policies of local authorities. In Chapter 3, the Committee considers the case for further action to overcome the problems arising from a narrow interpretation of public authority. It concludes that the practical implications of the current case law are such that some service users are deprived of a right to an effective remedy for any violation of their Convention rights. The Committee has not seen any convincing evidence that providers would leave the public services market if they were subject to the duty to act compatibly with Convention rights, despite the Government's premature and unsupported concerns about market flight. In Chapter 4 the Committee considers steps which could be taken to resolve the problems identified, including use of legislation to clarify the meaning of public authority in section 6 HRA through a separate, supplementary and interpretative statute.
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104010426
Category : Law
Languages : en
Pages : 132
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Book Description
Section 6 of the Human Rights Act (HRA) makes it unlawful for public authorities to act in breach of Convention rights. UK courts have adopted a restrictive interpretation of the meaning of public authority, potentially depriving numerous, often vulnerable people, from the human rights protection afforded by the HRA. There has been little evidence of progress since the previous report on this matter (HL 39/HC 382, 7th report session 2003-4, ISBN 9780104004173). Chapter 2 examines developments in case-law since 2004 and the Committee considers the Government's 2005 guidance on contracting for services in the light of the Human Rights Act takes a very negative approach to the difficulties facing the use of contracts to secure better the protection of human rights, lacks accessibility and is difficult to understand, and has little or no influence on the procurement policies of local authorities. In Chapter 3, the Committee considers the case for further action to overcome the problems arising from a narrow interpretation of public authority. It concludes that the practical implications of the current case law are such that some service users are deprived of a right to an effective remedy for any violation of their Convention rights. The Committee has not seen any convincing evidence that providers would leave the public services market if they were subject to the duty to act compatibly with Convention rights, despite the Government's premature and unsupported concerns about market flight. In Chapter 4 the Committee considers steps which could be taken to resolve the problems identified, including use of legislation to clarify the meaning of public authority in section 6 HRA through a separate, supplementary and interpretative statute.
Author: Joint Committee On Human Rights
Publisher: The Stationery Office
ISBN: 9780104005194
Category : Law
Languages : en
Pages : 86
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Book Description
This report responds to the white paper "Fairness for all: a new Commission for Equality and Human Rights" (Cm. 6185, ISBN 0101618522, issued 12 May 2004), which proposed a new single body with responsibility for promoting equality throughout society, building on the strengths of existing Commissions (the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission). There is broad agreement between the white paper's proposals and the Committee's own proposals (11th report, HLP 78 / HCP 536 session 2003-04, ISBN 010400452, issued 5 May 2004). The areas of divergence include the following: the precise nature of the general duty to be placed upon the CEHR in relation to the promotion and protection of human rights; the details of the power of the CEHR to conduct "general inquiries"; the case for giving the Commission power to seek judicial review of the policies, actions and omissions of public authorities; and the institutional and funding arrangements to secure the independence and accountability of the new body.
Author: Great Britain: Parliament: House of Commons: Liaison Committee
Publisher: The Stationery Office
ISBN: 9780215022806
Category : Political Science
Languages : en
Pages : 112
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Book Description
Annual report For 2004 : First report of session 2004-05, report, together with appendices and formal Minutes
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104012093
Category : Political Science
Languages : en
Pages : 64
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Book Description
Legislative Scrutiny : 1) Child Maintenance and Other Payments Bill; 2) other bills, third report of session 2007-08, report, together with formal minutes and Appendices
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104006696
Category : Business & Economics
Languages : en
Pages : 96
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Book Description
Drawing special attention to: European Union Bill; Management of Offenders and Sentencing Bill; Commissioners for Revenue and Customs Bill; Private Members' Bills.
Author: Great Britain. Parliament. Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104005514
Category : Law
Languages : en
Pages : 36
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The Committee's report considers concerns over the compatibility of the Order (S.I. 2004/1910, ISBN 0110495802), made under the Nationality, Immigration & Asylum Act 2002, with the UK's international human rights obligations. The Refugee Convention has established a general 'principle of non-refoulement' which prohibits the expulsion or return of a refugee to a country where his/her life might be threatened on account of race, religion, nationality or due to membership of a particular social group or political opinion. The Convention allows an exception to this principle in cases where the person has been convicted of a particularly serious crime and is therefore deemed to be a danger to the general community of the host country. The Order specifies a wide range of offences under the 2002 Act, with the effect that anyone convicted of such an offence will have his asylum claim dismissed unless he/she can establish they are not a danger to the community. The Committee finds that the Order as drafted is 'ultra vires' the order-making power, because the wide range of offences specified go beyond the interpretation of 'particularly serious crimes' intended by the Refugee Convention, and therefore undermines the principle of non-refoulement.
Author: Great Britain. Parliament. Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104005446
Category : Law
Languages : en
Pages : 212
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The Joint Committee on Human Rights examined the implementation of the UN International Covenant on Economic, Social and Cultural Rights in the UK. Domestic legislation protects many of the economic, social and cultural rights, with the Covenant itself having little impact in UK domestic law. The Committee believes that there is scope for incorporating further protection of rights in the UK, by enshrining some of the guarantees contained in the Covenant. Further, that for the Covenant rights to be effective, they should be part of a framework for government policy development, and that Government along with the Commission for Equality and Human Rights should develop ways of measuring the progress of these rights. The Committee also recommends, that explanatory notes to Bills, should include discussion of the Bills compatibility with Covenant rights, which is a way of enhancing the scrutiny of proposed Government legislation. Furthermore, the Committee recommends the introduction of an Equality Bill, to address the concerns of discrimination faced by ethnic minorities and persons with disabilities in employment, housing and education.
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104005279
Category : Social Science
Languages : en
Pages : 136
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The Committee's report examines the Children Bill as introduced into the Commons in July 2004 (HCB 144, ISBN 0215704479), following Lords amendments. In particular, the report focuses on the parts of the Bill relating to: the creation of the post of Children's Commissioner for England; strengthening the legal framework of co-operation between agencies delivering children's services; as well as clause 49 of the Bill on the corporal punishment of children and the restriction of the defence of 'reasonable chastisement', in light of the UK's obligations under the UN Convention on the Rights of the Child and the European Convention on Human Rights. Conclusions reached include i) support for the creation of an independent rights-based office of Children's Commissioner; and ii) that the continuing availability of the defence of reasonable chastisement is incompatible with the UK's obligations under the UN Convention and other international agreements.
Author: Stationery Office (Great Britain)
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 632
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Book Description
Author: U K Stationery Office
Publisher: Stationery Office Annual Catal
ISBN: 9780115008573
Category : Business & Economics
Languages : en
Pages : 632
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Book Description
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