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2021 ◽  
Author(s):  
◽  
Daniel Hunt

<p>This paper discusses a sequence of litigation concerning attempts by Iraqi citizens to have the United Kingdom Government investigate their claims of ill-treatment and death by British soldiers during the six-year British occupation of Basra, Southern Iraq. This paper uses the litigation as a foil to examine broader issues arising from the extra-territorial application of the duty to effectively investigate rights violations under the European Convention on Human Rights, an unprecedented occurrence. Specifically, it compares the duty of effective investigation to comparative institutional responses to human rights violations in conflict. These mechanisms have developed a broader set of victim-oriented objectives in dealing with violations and this paper argues the duty of effective investigation is comparatively deficient. It then looks at the manner in which the domestic courts have applied the duty, arguing that the various factors have driven the High Court to adopt a limited model of investigation.</p>


2021 ◽  
Author(s):  
◽  
Daniel Hunt

<p>This paper discusses a sequence of litigation concerning attempts by Iraqi citizens to have the United Kingdom Government investigate their claims of ill-treatment and death by British soldiers during the six-year British occupation of Basra, Southern Iraq. This paper uses the litigation as a foil to examine broader issues arising from the extra-territorial application of the duty to effectively investigate rights violations under the European Convention on Human Rights, an unprecedented occurrence. Specifically, it compares the duty of effective investigation to comparative institutional responses to human rights violations in conflict. These mechanisms have developed a broader set of victim-oriented objectives in dealing with violations and this paper argues the duty of effective investigation is comparatively deficient. It then looks at the manner in which the domestic courts have applied the duty, arguing that the various factors have driven the High Court to adopt a limited model of investigation.</p>


2021 ◽  
Vol 142 (2) ◽  
pp. 61-72
Author(s):  
CHRIS ALLEN

Since 2012, the United Kingdom government has annually published data relating to the number of hate crimes recorded by police forces across England and Wales. Over the past half-decade, the number of hate crimes has increased year on year and are currently at record levels. Some have referred to this as a crisis. This article seeks to investigate the drivers and causes for this, to try and better understand what hate crime looks like in the UK today. First, this article considers and contextualises what is currently known about hate crime in the UK. Having identifi ed some correlations, it explores the relationship between increases in hate crime numbers and the UK’s withdrawal from the European Union (Brexit), terror attacks, COVID-19 and Black Lives Matter. In trying to explain these relationships, Perry’s ‘permission to hate’ model is used. In conclusion, this article argues that while hate crime numbers are currently at record levels it is highly likely that they will continue to increase for at least the foreseeable future. A timely and contemporarily salient study, this article puts forward new thinking about hate crime in the UK and the correlation that is clearly evident with occurrences that take place in the country’s socio-political spaces.


Author(s):  
L.V. Balatska ◽  
A.V. Hakman ◽  
L.I. Timchuk ◽  
I.Yu. Nakonechnу

The article considers and collects material from both international research and domestic sources that reflect the health and recreational physical activity of the elderly in Europe and the whole world as well as the motives for involvement in this age group. The results of the analysis of the questionnaire, which assessed the involvement of the elderly showed low health and recreational physical activity in different countries, ranging from 10 to 80%, and the activity of men is higher than women. About 40% of the population of the Netherlands and Germany are engaged in physical activity, and as for Belgium, France, Sweden, the indicator is less than 20%. In Spain, Finland, Canada, and the United Kingdom, government programs implemented in 13 pilot regions of the country over four years indicated a threefold increase in the number of seniors who regularly attend group exercise classes. In the United States, the population that is systematically engaged in physical activity is dominated by the population of Euros and Latinos, but African Americans are less active - up to 6%. In African countries physical activity is being decreased among the adult population. The main reasons for that include lack of knowledge of citizens about classes, poor promotion of programs among the population. The survey of the Chinese population on regular exercise during the week of the elderly in the range of 60-69 years showed 11.8%. According to research in Ukraine, only 17% of people of retirement age go in for exercise or sports


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Martin Powell ◽  
Claire Hilton

PurposeThe purpose of this study is to draw on multiple streams analysis (MSA) and to investigate how policy change emerged from two inquiries into allegations of abusive hospital care in National Health Service (NHS) hospitals in the United Kingdom (UK) in the 1960s.Design/methodology/approachThe methodology of this study is regarding a historical case study of two inquiries.FindingsThe Sans Everything and Ely inquiries had the same legal standing and terms of reference, but the second put psychiatric hospital reform on the agenda, while the first did not. The main factor making Ely rather than Sans Everything the turning point seems to have been concerned with “agency”, linked with a few key individuals.Research limitations/implicationsA study of 1960s event necessarily relies heavily on documentary and archival sources, and cannot draw on interviews which are an important ingredient of many case studies.Originality/valueThe originality of the study is to examines inquiries, which have been largely neglected in MSA, despite their obvious potential role in placing issues on the agenda. Previous studies of MSA have devoted little attention to the ability of the media to provide the focus on “focusing events”.


Author(s):  
Tom Brown

This chapter begins by considering public procurement in the context of equality duties. The United Kingdom government has not used the Equality Act 2010’s regulation-making powers to impose specific statutory public procurement equality duties in England, but the Welsh and Scottish Ministers have made such regulations. Equality considerations are nonetheless relevant considerations in a public authority’s public procurement decisions as part of the general public sector equality duty in section 149 of the Act. The extent to which equality can (and should) be taken into account in the public procurement process is also, therefore, relevant to private undertakings which might wish to tender for the provision of goods or services to public authorities. The chapter then addresses the provisions in the Act intended to improve transparency in the private sector by prohibiting clauses which prevent employees discussing their pay. The Act introduced, in section 78, a power to make regulations which would impose a requirement on businesses to report on gender pay differences.


2021 ◽  
Vol 8 ◽  
Author(s):  
Alexandra R. McGoran ◽  
James S. Maclaine ◽  
Paul F. Clark ◽  
David Morritt

Mesopelagic fishes were sampled around Tristan da Cunha and St Helena in the South Atlantic from the RRS Discovery at depths down to 1000 m. Sampling was part of the Blue Belt Programme, a marine survey of British Overseas Territories funded by the United Kingdom Government. Thirteen species of mesopelagic fishes identified from 30 specimens were compared with two species (two specimens) collected from rock pools or surface water near the shore. The digestive tracts of all fishes were examined for microplastics. Additionally, one specimen of Opostomias micripnus (Günther, 1878) was analyzed after recovery from the stomach of a commercially fished species, Hyperoglyphe antarctica (Carmichael, 1819). One specimen of Anoplogaster cornuta was found to have ingested a bearded sea devil (Linophryne sp.), a cock-eyed squid (Histioteuthis sp.), a bolitaenid octopus, Japetella diaphana, remains of unidentifiable fish, crustaceans, and possibly salps. These prey items were also examined for microfibres. Both Histioteuthis sp. and Linophryne sp. had ingested fibers and these were considered “ingested particles” for A. cornuta. Neither shallow water dwelling species had ingested microplastics, whilst 11 of the 13 studied mesopelagic species were found to be contaminated. Overall, 66.7% of mesopelagic fishes were found to contain microfibres. Anthropogenic fibers were common especially viscose, a semi-synthetic material which is associated with sanitary products as well as other items.


2021 ◽  
Vol 191 ◽  
pp. 637-670

Governments — Status of government — Recognition — Whether particular entity to be treated as the government of a State — Role of national courts — Recognition a matter for the executive — Whether national court entitled to entertain challenge to the constitutional validity of foreign government’s acts — Nature of challenge — Whether upholding challenge would require court to inquire into status of foreign government — Libya — Revolution in 2011 — Existence of competing regimes — Whether United Kingdom Government had recognized one entity as the Government of Libya Recognition — Governments — United Kingdom policy — April 1980 Statement that United Kingdom Government would no longer make formal statements regarding recognition of foreign governments — Whether precluding statement of recognition in all circumstances — Evidence of recognition — Letters from Foreign and Commonwealth Office — Whether indicating unequivocal recognition — Libya — Competing regimes Relationship of international law and municipal law — Whether entity the government of a foreign State — Whether determination of that issue a matter for courts or government — Effect of unequivocal recognition by government of forum State — Whether courts entitled to call such recognition into question — Separation of powers — Difference from doctrines of act of State, sovereign immunity and non-justiciability — The law of England


2021 ◽  
Vol 195 ◽  
pp. 612-661

612Governments — Recognition — Rival governments — Venezuela — Disputed 2018 Venezuelan presidential election — Whether Mr Maduro or Mr Guaidó President of Venezuela — Whether Maduro Board or Guaidó Board entitled to give instructions on behalf of Central Bank of Venezuela concerning its assets in EnglandRecognition — Whom United Kingdom Government recognizing as Head of State and Head of Government of Venezuela — Whether United Kingdom Foreign Secretary’s statement constituting recognition of Mr Guaidó as Interim President — Whether United Kingdom Government’s recognition of Mr Guaidó de facto or de jure — Whether United Kingdom Foreign Secretary’s statement of recognition leaving open possibility of continuing implied recognition of Mr Maduro as de facto President — Whether a de facto recognition of Mr Guaidó would violate rule against intervention in internal affairs of a foreign State — “One voice” doctrine — Whether English courts obliged to accept United Kingdom Government’s recognition of Mr Guaidó as conclusive — Foreign act of State doctrine — Whether challenges to validity, under Venezuelan law, of Mr Guaidó’s legislative and executive acts justiciable in English courtsDiplomatic relations — Whether United Kingdom Government’s continued diplomatic relations with Mr Maduro’s representatives in England constituting implied recognition of Mr Maduro as de facto President — The law of England


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