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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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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