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How to contact Mondaq
You can contact us with comments or queries at enquiries@mondaq.com.
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Source: www.mondaq.com
'Human right to benefits' could be included in law reform - Daily Telegraph
“Instead, it has churned out proposals for even more human rights to social housing, the minimum wage, welfare benefits and even the environment. That would give judges enormous power to set social policy without proper democratic accountability, and cost the taxpayer a fortune.”
The Commission was set up early in 2011 after Mr Cameron made reform of Labour’s Human Rights Act one of his key election commitments. The law – which meant that Britons no longer had to take their case to the European Court of Human Rights – has been blamed for protecting criminals and terrorists rather than their victims.
But because of the constraints of the Coalition the group had to include several Liberal Democrats who were keener on preserving the status quo or even expanding the reach of human rights law, leaving it fatally split.
The Commission had more than 900 responses to an initial discussion paper but on Thursday it published a new consultation containing more detailed questions. The closing date for suggestions is September 30th, just a few months before its final report is due to be sent to the Prime Minister.
Although it does not say whether or not the Commission favours any particular stance, the new report suggests the inclusion of several “additional rights” that could be made legally enforceable.
One is a general right to equality, which could either merely state that “everyone is equal before the law” or that could prohibit discrimination against any group in any area.
The report admits this would have a “potentially far-reaching impact”, beyond that of Labour’s flagship Equality Act that incorporated existing race and sex discrimination rules, because it would not include any “balancing effect”.
“States can and do restrict entitlements – for example on the grounds of wealth in respect of eligibility for benefits, on the grounds of previous convictions in respect of eligibility for jury service, and so on,” the consultation said.
It also raises the prospect of “socio-economic rights”, including to “adequate healthcare and housing, a right to education, a right to a minimum standard of living, and a range of other social security entitlements”. It cites the South African constitution, which guarantees the right to access to social security as well as health care and food and water.
The study also claims some people want any UK Bill of Rights to include “environmental rights”, again citing South Africa’s constitution that gives everyone the right to have their environment protected through measures that prevent pollution and promote conservation.
However it also points out that some “including a number of faith groups”, want to include the responsibilities and duties that all members of society should take note of, if they want to see their rights protected.
Source: www.telegraph.co.uk
Tom Cruise-Katie Holmes private divorce pleases both sides - Los Angeles Times
Both sides in the Kate Holmes-Tom Cruise divorce are expressing satisfaction with the private resolution to the high-profile case.
A source with knowledge of the case said the settlement was made in such a way that none of the terms would be contained in publicly available court documents, a practice that is fairly common in such cases.
Holmes filed for divorce last month in New York. A private settlement was reached over the weekend.
PHOTOS: Tom Cruise and Katie Holmes through the years
Holmes will have primary custody of her 6-year-old daughter, Suri, with Cruise under the terms of the settlement. But the "Mission: Impossible" star will still have a "meaningful relationship" with his child.
The agreement provides Cruise with visitation rights but gives Holmes the lead role in choosing how Suri will be educated, a source said Monday.
In an interview with CNN, Holmes' attorney Jonathan Wolfe, even praised Cruise's attorneys for "for their professionalism and diligence that helped bring about this speedy resolution.... "We are thrilled for Katie and her family and are excited to watch as she embarks on the next chapter of her life," Wolfe said.
With a prenuptial agreement governing the distribution of assets, talks between lawyers for Cruise, a prominent member of the Church of Scientology, and Holmes, who was raised Roman Catholic, centered on the role of Scientology in the upbringing of Suri, according to a source familiar with the negotiations but not authorized to discuss them publicly.
PHOTOS: Celebrity splits of 2012
Holmes wanted guarantees in the settlement to ensure nothing is done while their daughter is with Cruise that would "alienate" Suri from her, the sources said.
Cruise and Holmes appeared to refer to the religious component of their split in a joint statement: "We want to keep matters affecting our family private and express our respect for each other's commitment to each of our respective beliefs and support each other's roles as parents," they said.
But experts in so-called spiritual custody disputes said that although family law judges try to ensure the interests of children are protected in matters, such as medical care and housing, they give both parents broad leeway in choosing a religious upbringing.
"The general rule is the courts will defer unless the consequences are really detrimental to the health of the child — a threat of immediate and substantial harm," said Jeffrey Shulman, a professor of law at Georgetown University who has written extensively about the issue and believes the standard doesn't protect children sufficiently.
In the case of Cruise and Scientology, a judge could intervene if the religion was used to turn Suri away from Holmes because she was not an adherent, Shulman said.
"The courts could say to Cruise, 'You cannot conduct yourself in a way that alienates the child from Katie Holmes,' " he said. "But mere doctrine may not be enough for the court to do that."
Courts won't rule on the merits of a particular religion, New York lawyer Malcolm Taub said.
"They would not say that Scientology is not a valid religion, so we're going to award [sole spiritual custody] to Katie Holmes," Taub said.
The confidential deal was hammered out over the weekend in New York and announced Monday, 11 days after Holmes took the entertainment industry and reportedly her husband by surprise with the filing of divorce papers in Manhattan.
ALSO:
Katie Holmes-Tom Cruise divorce: Suri, not money, main issue
Tom Cruise-Katie Holmes: Disposable phone used to start divorce
Tom Cruise learned of Katie Holmes divorce moves on set in Iceland
— Richard Winton
Photo: Tom Cruise and Katie Holmes with their daughter Suri in 2006. Credit: Alessandra Tarantino / Associated Press
Source: latimesblogs.latimes.com
DivorceYes.com Announces Statewide Divorce Legal Services for All of Florida - YAHOO!
Law firm represents clients in all 67 Florida counties
Fort Lauderdale, FL (PRWEB) July 11, 2012
DivorceYes.com, an online service offering low cost divorce legal representation, is pleased to announce they are now accepting clients all across Florida. The law firm, backed by Miller Law Associates, provides affordable, flat fee legal representation to legal residents of all 67 Florida counties.“As long as you’re a legal Florida resident, we can handle your divorce case,” explains senior counsel Jeff Miller. “We have offices all across the state, so we are well positioned to give our clients great service no matter where they live in Florida.”
DivorceYes.com maintains offices throughout Florida, including in Boca Raton, Fort Lauderdale, Miami, and West Palm Beach.
“Our law firm is growing every day, and we have clients statewide,” Miller continued. “Our growth is driven by the need for affordable legal representation in divorce cases. At low, flat rates, we represent clients who need to get divorced quickly and affordably. Our services start at just $399 for uncontested divorce in Florida with no kids and $499 for an uncontested divorce with kids.”
Compared to traditional billable hour attorneys whose services can cost thousands of dollars, DivorceYes.com’s attorney fees are budget friendly. Clients who hire DivorceYes.com have a real lawyer handling their case, including preparing and filing all necessary divorce papers and making appearances in court on the client’s behalf.
Miller remarks, “Our way works for us and our clients. We offer real legal help at discounted fees, as Florida divorce lawyers. We can process an uncontested divorce case in court for a fraction of what many traditional billable lawyers charge.”
For more information, visit DivorceYes.com.
About the Miller Law Firm and DivorceYes.com
Miller Law Associates is a Florida divorce law firm with offices located in Boca Raton, Fort Lauderdale, Miami, West Palm Beach, Tampa and Jacksonville, Florida. Managing attorney Jeff Miller has been practicing law as a trial lawyer in Florida and throughout the United States since 1980. His practical in court experience brings a wealth of experience to those needing divorce representation in Florida. All Florida divorces must be obtained in court. The purpose of the divorce website, DivorceYes.com, is to ease the burden of divorce on families and to get the process completed as quickly as possible at a fair and affordable price.
Divorce Yes Fort Lauderdale
633 South Andrews Ave. Suite 202
Fort Lauderdale FL 33301
Jeff Miller
Miller Law Associates
866-343-4556
Email Information
Source: news.yahoo.com
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