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22 July 2011 / Roger Smith
Issue: 7475 / Categories: Opinion , Human rights
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The state of human rights (2)

What’s the Human Rights Act ever done for us, asks Roger Smith

What has the Human Rights Act ever done for us? Not much, according to critics such as Daily Mail columnist Melanie Phillips: “Under the camouflage of human rights, this is the way freedom dies.” Yet, just as the Monty Python insurgents had to admit that the Romans had done quite a lot of good, so we should admit the same of the Human Rights Act 1998 (HRA 1998).

Prisoner voting

We should begin by acknowledging what HRA 1998 does not do. It does not change a word of the 60-year-old European Convention on Human Rights. For example, the troublesome Mr Hirst, who established that the UK general ban on prisoners’ voting was in breach of the Convention, won his first case (on delays of his parole hearing) at the European Court of Human Rights (ECtHR) before HRA 1998 came into force. His second victory was again at the hands of the ECtHR. HRA 1998 played no part in the court’s decision on either. MPs railing against the impact

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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