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Legal news from Monday, August 6, 2012 |
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UK court rejects claims that two work programs amount to slave labor
Dan Taglioli on August 6, 2012 3:44 PM ET

[JURIST] The UK High Court ruled [judgment] Monday that two government back-to-work schemes do not constitute slave labor, rejecting plaintiffs' arguments that the programs breach human rights laws on slavery. The court's ruling upholds [Guardian report] the Jobseeker's Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 underlying the Work Academy Scheme and the Community Action Programme, both established by the UK Department for Work and Pensions (DWP) [official website; press release] to provide job seekers with skills and experience to aid their job search through unpaid work experience at participating employers. The court did rule that Cait Reilly, 23, and Jamieson Wilson, 40, were each entitled to a declaration that there had been breaches of the jobseeker's allowance regulations, criticizing the DWP for its lack of clarity over the potential loss of unemployment benefits for those who enroll and then fail to take part in the programs without good reason. Reilly, for example, when she signed up for the Work Academy Scheme on its opening day, did not know that she would have to put in an unpaid two weeks at her local Poundland [corporate website], or risk losing the jobless benefits she had been receiving since graduating from school a year earlier. However, the court ruled that article four [text] of the European Convention on Human Rights [official website], which bans forced labor and slavery, is a long way removed from the present case and is completely inapplicable to the circumstances surrounding the work programs. DWP has revised its literature and forms for the programs for the time being but plans to appeal the court's declarations that there were breaches of the regulations.
Forced labor and slavery are serious issues that seriously affect many people around the world. This week the International Labor Organization (ILO) [official website] Domestic Workers Convention (DWC) [text] was ratified by the Philippines, giving the international treaty its second ratification and paving the way for the convention to enter full force of law. Domestic workers are frequent victims of forced labor, and the ILO created the DWC to set the first global standards for domestic workers worldwide to ensure they receive generally the same protections available to other workers [JURIST report] such as weekly days off, work hour limits, limits on in-kind payment, minimum wage, clear information on terms and conditions of employment, and other benefits. In June the ILO released a report on forced labor, estimating that nearly 21 million people around the world work in forced labor [JURIST report] and noting that women represent 55 percent of forced laborers worldwide. The agency adopted the DWC [JURIST report] at last year's annual meeting of ILO member states, the 100th Session of the International Labor Conference [official website]. The ILO is a specialized agency of the UN.


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UK chief justice: recent reforms have increased burdens on judiciary
Dan Taglioli on August 6, 2012 2:40 PM ET

[JURIST] UK top judge Lord Chief Justice of England and Wales Lord Igor Judge [official profile] on Friday released his three-year report detailing how recent reforms to the judicial system have placed an increased burden on the judiciary that will create problems with employing and keeping the best people. "The Lord Chief Justice's Report 2010-12" [report, PDF] covers the period January 2010 to June 2012 when "many different aspects of the administration of justice are under review and reform," showing that "constraints have affected and will continue to affect every aspect of national life, and the administration of justice is not, and has not, been immunised from the economic crisis." The report details the role of the judiciary and how it has been affected by reforms [Telegraph report] in areas of criminal, civil, family and military justice, noting that decreased criminal backlogs are due to the increased daily work of the courts and that falling numbers of total annual civil cases are offset by their increasing complexity. Lord Judge stressed the need to maintain the "morale, recruitment and retention of judges of the highest calibre" against a backdrop of a three-year judicial pay freeze, threats of strike action by criminal barristers due to pay changes, damaging reform to the Legal Aid system and general increases in overall pressure on all parts of the judiciary.
Lord Judge is expected to retire next year after five years as Lord Chief Justice. In October Lord Judge ruled that UK courts are not bound by decisions from the European Court of Human Rights (ECHR) and speaking before the Lords Constitution Committee [official websites] suggested that while UK courts are not required to follow the ECHR [JURIST report], they should consider ECHR decisions when deciding cases. In March 2011 the UK Ministry of Justice [official website] announced the creation of a commission that will consider the implementation of a British Bill of Rights [JURIST report], which former Lord Chief Justice Lord Woolf warned would conflict with the ECHR, in that continued adherence to the convention combined with the creation of a Bill of Rights would create complications for judges in determining which to follow and further the existing conflict between the UK and the ECHR. In January 2010 a UK court began the first non-jury criminal trial in England or Wales in more than 400 years after Lord Judge made the decision to conduct the trial without a jury [JURIST reports] under a Criminal Justice Act 2003 [text] provision that allows a court to hold a judge-only trial if there is "evidence of a real and present danger" that jury tampering may take place and it is determined that other measures to prevent tampering would be ineffective. Lord Judge cited cost concerns regarding the expense of maintaining security for jurors in that particular trial and noted there have already been three aborted attempts to conduct the proceedings.


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New Jersey high court upholds decal law for young drivers
Rebecca DiLeonardo on August 6, 2012 1:24 PM ET

[JURIST] The Supreme Court of New Jersey [official website] on Monday upheld [opinion, PDF] a law [text, PDF] that requires young drivers to display decals on their license plates in order to enforce driving restrictions. The restrictions are part of New Jersey's graduated driver's license system (GDLS), which temporarily limits the driving privileges of young, first-time drivers. The Supreme Court unanimously upheld the decision of the appeals court below, agreeing that the regulation does not violate young drivers' right to equal protection and is not preempted by federal law. Opponents of the law had argued that the law unfairly singled out young New Jersey residents, since the requirements did not apply to out-of-state drivers. The court determined, however, that all GDLS programs are limited by state residency, and that the state had a rational interest in better enforcing these regulations.
Striking a balance between government interests and the privacy of drivers has been a subject of legal controversy in recent years. The American Civil Liberties Union (ACLU) announced last month that its affiliates in 38 states had sent letters to local and state police departments asking them to clarify [JURIST report] how they use information obtained fromcameras mounted near roads and highways that photograph and record license plate numbers. The ACLU expressed concern that some police departments were gathering and saving information about the traffic patterns of law-abiding citizens. The US Supreme Court [official website] ruled [JURIST report] in January that the government's attachment of a global positioning system (GPS) device to a vehicle, and its use of that device to monitor the vehicle's movements, constitutes a search under the Fourth Amendment [text].


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Turkish prosecutor calls for verdict against military officers in 2003 coup
Sung Un Kim on August 6, 2012 11:30 AM ET

[JURIST] The Turkish state prosecutor on Monday urged the court to move to a verdict in the case of hundreds of Turkish military officers accused of plotting a coup against the government in 2003. The prosecution has demanded 15 to 20 years of imprisonment [Reuters report] for the 364 officers, currently in office or already retired. Prosecutor Huseyin Kaplan said that the prosecution office does not want the case to be transferred but rather that the court should proceed to the ruling stage because such a transfer would lengthen the pre-trial detention of the accused. The issue of transfer arose out of the boycott of the defense lawyers [JURIST report] in June because of the judge's refusal to allow testimony from an expert witness who could refute the prosecution's evidence allegedly taken from confiscated computer files. Kaplan had argued that the defense lawyers took such a measure only to delay the verdict because it would be unfavorable to them. The trial stems from the Balyoz Security Operation Plan [Taraf report, in Turkish; Al Jazeera backgrounder], or "Sledgehammer" plot [JURIST news archive], which included plans to bomb Istanbul mosques and provoke Greece into shooting down a Turkish plane in order to undermine the government. The trial was opened [JURIST report] in December 2010.
Turkey had faced numerous military coups in the past before the 2003 plot. Trials against the perpetrators in the coups are still ongoing. However, the judge's decision to refer the 2003 case to the prosecution had raised uncertainty related to the other conspiracy trials involving military coups. In May, Turkish police arrested [JURIST report] six former military officials for their involvement in the 1997 coup which led Turkey's Islamist-led government to resign. The six officials were among the 10 suspects prosecutors included in their arrest warrants charging them with participating in forcing the resignation of Necmettin Erbakan [NYT profile], an Islamist prime minister. In April the Ankara 12th High Criminal Court began its trial [JURIST report] of the last two surviving leaders of Turkey's 1980 coup, former general Kenan Evren [official profile], who may face possible life sentence [JURIST report], and former air force commander Tahsin Sahinkaya. The coup led to three years of military rule, during which 50 people were hanged and half a million arrested. The trial came after the court accepted the indictment against the two officials in January based on charges pressed [JURIST reports] by the prosecution a week earlier. In 2010 a Turkish court also began the trial [JURIST report] of 33 retired and active naval officers who allegedly planned to overthrow the government and implement military rule.


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Philippines ratifies international treaty for domestic workers rights
Dan Taglioli on August 6, 2012 11:22 AM ET

[JURIST] The Domestic Workers Convention (DWC) [text] was ratified by the Philippines on Monday, giving the international treaty its second ratification and paving the way for the convention to enter full force of law. The International Labor Organization (ILO) [official website] created the DWC to set the first global standards for domestic workers worldwide to ensure they receive the same protections available to other workers [HRW report] such as weekly days off, work hour limits, limits on in-kind payment, minimum wage, clear information on terms and conditions of employment, and other benefits. "Considering that domestic work continues to be undervalued and invisible and is mainly carried out by women and girls, many of whom are migrants or members of disadvantaged communities and who are particularly vulnerable to discrimination in respect of conditions of employment and of work, and to other abuses of human rights," the DWC seeks to curb a wide range of abuses and exploitations, such as excessive work hours, non-payment of wages, forced confinement, physical and sexual abuse, forced labor and trafficking, and also obliges government to prevent both violence against domestic workers and child labor in domestic work. There are an estimated 50 to 100 million domestic workers worldwide. The treaty takes effect one year after its second ratification, which was completed by the Philippine Senate on Monday after President Benigno Aquino III [official websites] signed it on May 18. Uruguay ratified the convention in April.
In June the ILO released a report on forced labor, estimating that nearly 21 million people around the world work in forced labor [JURIST report] and noting that women represent 55 percent of forced laborers worldwide. The ILO is a specialized agency of the UN. The agency adopted the DWC [JURIST report] at last year's annual meeting of ILO member states, the 100th Session of the International Labor Conference [official website]. That same month Megan McKee, University of Pittsburgh School of Law Class of 2012 and a legal researcher for the Centre for International Sustainable Development Law, wrote about the need for greater rights for migrant workers [JURIST comment], especially for those employed as domestic workers, and marked DWC's adoption as a "remarkable" passage of a "historic" international treaty.


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