Sophie Maloney’s Post

Proud to have been part of the hard working team on this recently reported case of KZ whereby the Vice President clarified- 1) S16(2) MCA can be used to make ancticipatory declarations to authorise a deprivation liberty when it comes to cases of fluctuating capacity. 2) As regards wider issues concerning the assessment of mental capacity of deaf individuals the following should be an essential part of any such assessment. The experience in this case demonstrates the use of a non-specialist expert is not an appropriate substitute for the specialist assessment and risks incorrect conclusions regarding capacity being reached. Where an assessment is required the following considerations should guide any assessment of a deaf individual fluent in BSL: a)Any mental capacity assessment of a deaf individual fluent in BSL should ideally be undertaken by an assessor who is suitably qualified to communicate at the relevant level of BSL. If that is not done, there should be a clear explanation why and what measures, if any, are proposed to be in place to manage that gap. B) The assessor should ideally have a background in understanding deafness and engaging with the deaf community. If they don’t, there should be a clear explanation why they are undertaking the assessment without such knowledge. https://lnkd.in/ehdjeGJw

🚨 The 2024 Universal Jurisdiction Annual Review is out! 🚨 By TRIAL International with Civitas Maxima, Center for Justice and Accountability (CJA), European Center for Constitutional and Human Rights e.V. (ECCHR), FIDH - International Federation for Human Rights & REDRESS 🤝 Read its highlights on significant #universaljurisdiction cases over the past year ⬇️ https://lnkd.in/e67aTY6x

Exploring the role of the judicial branch in the 🇺🇸 American Republic as our Founding Fathers stated for fact. 🏛️ From interpreting the law 📜 to safeguarding rights, 👩⚖️ it's a journey of 📚 knowledge and 🤔 reflection. As we navigate future challenges, let's uphold the principles of 📜 justice and equality! #Judiciary #RuleOfLaw 🏆 https://lnkd.in/gngKeh3q

Habeas Corpus: A Pillar of Personal Liberty and Human Dignity The Latin term "Habeas Corpus," meaning "you have the body," is deeply rooted in the protection of one of the most sacred human rights: personal liberty. In every civilized society, the courts play a crucial role in ensuring that any restriction on an individual's freedom is legal and justified. As an English author aptly put it, "Of what avail are the rights of man if he has no means of escaping arbitrary, improper, or wrongful imprisonment?" Habeas corpus stands as the mechanism to test the validity of imprisonment and safeguard our liberties. This principle was at the forefront in the recent case of *Abid Hameed Vs. Additional Sessions Judge* (Writ Petition No. 66114 of 2022), reinforcing the judiciary's role in protecting individual rights against illegal detention. #LegalInsights #HabeasCorpus #PersonalLiberty #HumanRights #Judiciary #Law #RuleOfLaw #LegalProfession #Justice

Exciting,challenging,transformative side event in #CoE. With the President of European Criminal Bar Associations( ECBA), Mr. Vincent Asselineau and Mr. Alexis Anagnostakis, criminal Lawyer and member of ECBA. This is the essence of today's occasion as part of the audience : the vital role of the Parliamentary Assembly of the Council of Europe (PACE) in upholding the rule of law and democracy by enhancing the effective implementation of #EuropeanCourtofHumanRights judgments. The binding nature of these judgments is at the heart of the European system, and states must respect the #fundamental #legitimacy and scope of action of the courts. The #ECHR is a living instrument dedicated to this mission, and its effective functioning, is crucial for the protection of human rights across Europe.

Court of Justice of the European Union: European Arrest Warrant must in principle also be executed against a mother of young children A new eucrim Spotlight features the Court of Justice of the European Union's (ECJ) Grand Chamber judgment of 21 December 2023 in Case GN advocating the surrender of a mother of young children from Italy to Belgium to serve a five-year prison sentence. The ECJ reaffirmed its case law on the protection of fundamental rights in the context of Framework Decision 2002/584 on the European Arrest Warrant (FD EAW) by stating that the surrender of a requested person cannot be refused on the sole ground that she is the mother of young children. Thomas Wahl presents the main lines of argument in the ECJ's judgment. He points out the differences between the views of the judges and those of the Advocate General. The latter proposed an interesting solution via Art. 4(6) FD EAW in order to factor in the best interests of the children, which the judges' bench did not follow. Ultimately, Thomas Wahl pinpoints details in the judgment clarifying previous case law and wonders whether the last word has been spoken by Luxembourg on the issue of the protection of fundamental rights in the EU’s surrender law (Roma locuta causa finita?).   #eucrim #extradition #EuropeanArrestWarrant; #fundamentalrights; #mother #best Der Gerichtshof der Europäischen Union @EuropeanCriminalJustice Thomas Wahl, Anna Pingen European Anti-Fraud Office (OLAF) https://lnkd.in/dihjYrp4

The Horizon Scandal: A Stain on Britain's Legal System One of the biggest miscarriages of justice in British history, the Horizon scandal saw hundreds of innocent subpostmasters wrongfully prosecuted due to flaws in the Post Office's IT system. Despite evidence of the system's errors, the legal machinery failed to intervene, devastating many lives. This article explores the multifaceted failures, the enduring impact on victims, and the urgent calls for comprehensive reform to prevent such injustices and restore public trust. Read the full article at https://lnkd.in/ertkdde4 #HorizonScandal #LegalReform #JusticeSystem #DueProcess #Accountability

The ICC and ICJ function without democratic accountability or oversight, writing their own rules and acting without checks and balances. How can justice prevail in such a system? Watch full episode here: https://lnkd.in/eqbRCWrY #JusticeMatters #Accountability #ChecksAndBalances #RuleOfLaw #HumanRights

#Together4Justice 🌐⚖️ Chantal Meloni, from the European Center for Constitutional and Human Rights e.V. (ECCHR), envisions justice that is prompt, equal, and gets "to the roots of the conflict and consider the causes of the crimes in its multidimensional aspects". 💬 For Chantal's insights on #MeaningfulJustice ➡️ https://lnkd.in/eb_jgNZw

The latest issue (vol 32 no 4) of the Centre for Constitutional Studies's Constitutional Forum is now available on CanLII! Featuring content by Caitlin Salvino, Joanna Erdman, Vrinda Narain, Jie Cheng, and Ran Hirschl. #constitutionallaw #antidiscrimination #legalcommentary https://zurl.co/CE1I