Response to the twenty-fourth report from the Joint Committee on Human Rights, session 2010-2012 PDF Download
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Author: Great Britain: Ministry of Justice
Publisher: The Stationery Office
ISBN: 9780101836524
Category : Political Science
Languages : en
Pages : 24
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Book Description
Government response to HL 286/HC 1777, session 2010-12 (ISBN 9780108475788). The green paper published as Cm. 8194 (ISBN 9780101819428). Dated May 2012
Author: Great Britain: Ministry of Justice
Publisher: The Stationery Office
ISBN: 9780101836524
Category : Political Science
Languages : en
Pages : 24
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Book Description
Government response to HL 286/HC 1777, session 2010-12 (ISBN 9780108475788). The green paper published as Cm. 8194 (ISBN 9780101819428). Dated May 2012
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108550393
Category : Business & Economics
Languages : en
Pages : 52
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Book Description
The Justice and Security green paper published as Cm. 8194 (ISBN 9780101819428); the Bill published as HL Bill 27, session 2012-13 (ISBN 9780108433757) and the Committee's first report on the Bill published as HLP 59/HCP 372 session 2012/13 (ISBN 9780108476242)
Author: Christophe Paulussen
Publisher: Springer Nature
ISBN: 9462653550
Category : Law
Languages : en
Pages : 373
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Book Description
In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially—in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108551512
Category : Business & Economics
Languages : en
Pages : 48
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Book Description
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: Greg Martin
Publisher: Routledge
ISBN: 1317575148
Category : Law
Languages : en
Pages : 387
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Book Description
Commentators have shown how a ‘culture of security’ ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation of powers, due process, and the rule of law, raising fundamental concerns about open justice, procedural fairness and human rights. Beyond the counterterrorism and legal context, scholarly interest in secrecy has been concerned with the credibility of public and private institutions, as well as the legacies of secrecy across a range of institutional and cultural settings. By exploring the intersections between secrecy, law and society, this volume is a timely and critical intervention in secrecy debates traversing various fields of legal and social inquiry. It will be a useful resource for academic researchers, university teachers and students, as well as law practitioners and policymakers interested in the legal and socio-legal dimensions of secrecy.
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108551383
Category : Business & Economics
Languages : en
Pages : 60
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Book Description
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
ISBN: 9780108551369
Category : Business & Economics
Languages : en
Pages : 108
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Book Description
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.
Author: Katharine Gelber
Publisher: Oxford University Press
ISBN: 0191083429
Category : Political Science
Languages : en
Pages : 187
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Book Description
Although there has been a lot written about how counter-terrorism laws impact on human rights and civil liberties, most of this work has focussed on the most obvious or egregious kinds of human rights abrogation, such as extended detention, torture, and extraordinary rendition. Far less has been written about the complex ways in which Western governments have placed new and far-reaching limitations on freedom of speech in this context since 9/11. This book compares three liberal democracies - the United States, the United Kingdom and Australia, in particular showing the commonalities and similarities in what has occurred in each country, and the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, achieved both in policy change and the justification for that change. In all three countries much speech has been criminalized in ways that were considered anachronistic, or inappropriate, in comparable policy areas prior to 9/11. This is particularly interesting because other works have suggested that the United States' unique protection of freedom of speech in the First Amendment has prevented speech being limited in that country in ways that have been pursued in others. This book shows that this kind of argument misses the detail of the policy change that has occurred, and privileges a textual reading over a more comprehensive policy-based understanding of the changes that have occurred. The author argues that we are now living a new-normal for freedom of speech, within which restrictions on speech that once would have been considered aberrant, overreaching, and impermissible are now considered ordinary, necessary, and justified as long as they occur in the counter-terrorism context. This change is persistent, and it has far reaching implications for the future of this foundational freedom.
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108551635
Category : Business & Economics
Languages : en
Pages : 88
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Book Description
The report The Implications For Access To Justice Of The Government's Proposals To Reform Legal Aid (HL100, HC 766) concludes that the government should reconsider its proposals for the reform of legal aid. The government has so far made welcome exemptions to its proposed residence test in the light of responses to its consultation, but the Committee is still not satisfied that the proposed test will not affect vulnerable groups. While accepting that it is legitimate for the government to introduce a residence test for civil legal aid and to restrict the scope of prison law funding, the Committee calls for more and broader exemptions from these proposals to avoid breaches of the fundamental right of effective access to justice in individual cases. The exceptional funding framework may not be working as intended and could therefore leave certain groups unable to access legal aid when human rights law requires it. The proposal to remove cases with
Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104010693
Category : Law
Languages : en
Pages : 20
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Book Description
The control orders regime, established under the Prevention of Terrorism Act 2005, gives the Home Secretary the power to place restrictions on the liberty of individuals suspected of involvement in terrorism-related activity, depending on the assessed risk posed by the individual concerned, including requirements as to place of abode, and restrictions on movement, association or communication. This publication sets out the Government's reply to the Committee's report (HLP 60/HCP 365, session 2006-07; ISBN 9780104010310) which examined the Government's intention to extend the control order regime for a second time, for a further year to March 2008, under the draft Prevention of Terrorism Act 2005 (continuance in force of sections 1 to 9) Order 2007 (Draft 2007 S.I., ISBN 9780110757278).
