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02 April 2009
Issue: 7363 / Categories: Legal News , Human rights
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Rights (and responsibilities) for all

Human rights need protection not abstract discussion

The Ministry of Justice has launched a Bill of Rights and Responsibilities, reigniting the debate over human rights in the UK.

The wide-ranging green paper, published last week, proposes introducing a raft of new rights to build on existing ones. These include rights relating to free health care and victims of crime.

The paper lists some of the responsibilities of UK citizens and asks whether they should be written in a single document. They include: obeying the law, reporting crimes and co-operating with prosecution agencies; paying taxes; voting and jury service; treating NHS staff with respect; and living within our environmental limits.

Launching the paper, Jack Straw, justice secretary, said: “In difficult times, people need to know that their fundamental rights and freedoms are protected, whatever happens in the world around them, and that others will behave responsibly towards them.
“That is why the government has emphasised the importance of fair chances, fair rules and having a fair say; that everyone should play by the rules.
“We believe it is important that people know their rights and their responsibilities. That common knowledge helps bind us together as a nation.
“This government is proud to have introduced the Human Rights Act and will not backtrack from it or repeal it. But we believe more should be done to bring out the responsibilities which accompany rights.
“We also believe that there could be merit in bringing together rights such as free health care, victims’ rights and equality, which are currently scattered across the UK’s legal and political landscape.”

Eric Metcalfe, director of human rights, Justice, says: “It’s a very thoughtful paper, but ultimately we question whether this is the right time to be having an abstract discussion about a Bill of Rights when the Human Rights Act is still in need of protection.

“We do believe that there’s a case for adding new rights, but it is important to protect existing rights, particularly while the opposing party is pledged to repeal the Human Rights Act. There have been a lot of misconceptions about the Human Rights Act and it is important to inform people about these. For example, it seems to be put out in the press that the courts are overriding the democratic will of Parliament, and that’s not true. It is always open to Parliament to pass the laws that it wants.”
 

Issue: 7363 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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