Category Archives: Law

Canada to have first majority-female supreme court following nomination

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Justin Trudeau appoints Mary Moreau to bench of Canada’s top court, which will be made up of five women and four men

Justin Trudeau has nominated the Alberta judge Mary Moreau to Canada’s top court, setting up the first majority-female bench in the supreme court’s 148-year history.

The naming of Moreau will give Canada’s top court five female judges and four male judges. Moreau was most recently the chief justice of Alberta’s superior court, and has worked in that court for 29 years. She will fill a vacancy on the supreme court created by the resignation of Russell Brown in June.

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Dismay as South Korea upholds military ‘sodomy law’ for fourth time

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Activists deplore ‘distressing setback for equality’ as court backs law against ‘indecent acts’ between military personnel

South Korea’s constitutional court has upheld two anti-LGBTQ+ laws including the country’s notorious military “sodomy law” for the fourth time, in a ruling activists are calling a setback for equality rights.

The court, in a five-to-four vote, ruled that article 92-6 of the military criminal act, which prescribes a maximum prison term of two years for “anal intercourse” and “any other indecent acts” between military personnel, even while on leave and consensual, was constitutional in response to several petitions challenging the law.

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Japan court rules mandatory sterilisation of people officially changing gender unconstitutional

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Judges reject requirement for trans people to remove reproductive organs for state-recognised gender change

Japan’s top court has ruled that a legal clause requiring people to undergo sterilisation surgery if they want to legally change their gender is unconstitutional.

Several international organisations including the European court of human rights, the World Professional Association for Transgender Health and UN had said the requirement was discriminatory and infringed on human rights.

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Michael Cohen says he inflated assets to ‘whatever number Trump told us to’

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Trump’s ex-fixer takes stand at New York fraud trial as former president, in attendance in court, attacks Cohen as ‘proven liar’

Donald Trump’s ex-fixer inflated the valuation of the former president’s assets to “whatever number Mr Trump told us to”, he has testified.

Michael Cohen made the allegation as he took the stand at Trump’s civil fraud trial in New York. His highly anticipated testimony is at the heart of the prosecutors’ case against his former boss.

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Republicans continue effort to erode US child labor rules despite teen deaths

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Violations have soared but legislative effort to strengthen protection for young workers have received little support

Child labor violations have been soaring in the US, but efforts to render solutions through legislation have received little support, and Republicans at the state level continue pushing bills that would roll back current child labor protections.

In most recent fiscal year, the US Department of Labor wage and hour division reported 835 cases of child labor violations affecting 3,876 minors, and 688 minors employed in violation of hazardous occupation, a 283% increase since 2015. Civil penalties against employers totaled just under $4.3m.

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Donald Trump returns to New York court for fraud trial proceedings

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Former president planned a return to coincide with Michael Cohen’s testimony, which has been delayed until next week

Former president Donald Trump returned to a New York court on Tuesday to watch and deplore the civil fraud trial that threatens to disrupt his real estate businesses, but he got no face-to-face encounter – for now – with the star witness against him.

After attending the trial’s first three days earlier this month, Trump initially planned a return to coincide with testimony by Michael Cohen, his one-time attorney turned outspoken foe. But Cohen’s testimony was delayed until at least next week, with Cohen citing a health problem.

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Tory MP Peter Bone should be suspended for six weeks for bullying and sexual misconduct, says report – UK politics live

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Commons will vote on suspension recommended by independent expert panel after investigation

Peter Bone has issued a statement saying that the bullying and sexual misconduct claims about him made by a former employed, that have led to the IEP recommending a six-week suspension, are false and without foundation. He says the complainant did not raise them at the time and only submitted a complaint years after they had left.

As I have maintained throughout these proceedings, none of the misconduct allegations against me ever took place. They are false and untrue claims. They are without foundation.

The allegations by an ex-employee refer to events of more than 10 years ago that spanned no more than a few months. The complainant first made the allegations years after they left my employment. They did not raise them at any time during their employment, either in writing or verbally with me, nor with their line managers …

I am also firmly of the opinion that on this occasion the independent complaints and grievance scheme investigation was flawed, procedurally unfair and didn’t comply with its own rules and regulations. It is my belief that they have operated outside of the powers given to them by parliament and I am currently discussing with lawyers what action could and should be taken.

The commissioner found the following allegations proved:

Allegation 1: Mr Bone “verbally belittled, ridiculed, abused and humiliated” the complainant, and this was bullying.

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Prisons plan could add 1,000 places in England and Wales amid overcrowding

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Use of portable buildings and more doubling up in cells could be part of package to be announced next week

Prisoners in England and Wales could be moved into portable buildings or released early as part of a huge extension of the electronic tagging scheme, as the justice secretary considers creative measures to solve the overcrowding crisis.

Alex Chalk KC is expected to reveal a package of measures on Monday that could add 1,000 prison places across the estate, the Guardian understands.

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First minister says SNP MP who defected to Tories ‘probably never believed’ in Scottish independence – as it happened

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Humza Yousaf says Lisa Cameron’s move was ‘the least surprising news I’ve had as leader of the SNP’

NHS waiting lists have hit a new record high, with more people facing long waits, PA Media reports. PA says:

Figures for the NHS in England show 7.75 million people were waiting to start treatment at the end of August, up from 7.68 million in July.

This is the highest number since records began in August 2007 and comes despite Rishi Sunak saying cutting waiting lists is one of his priorities.

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What are the rules of war – and how do they apply to the Israel-Gaza conflict?

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International humanitarian law dictates the rules combatants should follow – with a central tenet that ‘civilians should not be targeted’

Amid the horror of the attacks by Hamas on Israel and the response by the Israeli military in Gaza, there have been calls for both sides to abide by international law and accusations of breaches.

So what is the framework of international laws that is supposed to govern war or armed conflicts?

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Taki Theodoracopulos given 12-month suspended sentence for attempted rape

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Spectator journalist, 87, is found guilty of attacking woman on ski weekend at his Swiss chalet in 2009

The journalist Taki Theodoracopulos has been handed a 12-month suspended prison sentence by a judge in Switzerland for an attempted rape in 2009.

The 87-year-old, who writes a column for the Spectator, was found guilty of attacking a woman on a ski weekend at his chalet in Gstaad in the Swiss Alps.

During a nine-hour hearing at the Oberland regional court in Thun on Thursday, Theodoracopulos dismissed the woman’s accusations as “monstrous” and a plot to destroy his career. He said he was “absolutely not guilty”.

The victim, who cannot be named for legal reasons, broke down in tears as she told the court about the violent assault. She said: “I felt like a piece of meat. I didn’t feel that he saw me as a person at all. I tried very hard to put the incident behind me but it really shook my confidence professionally and it has had ongoing emotional consequences.”

The woman said another journalist had invited her to Theodoracopulos’s chalet, called Palataki or Little Palace, in early 2009.

She explained why she had waited a decade to report the attack, having first made a complaint to the Metropolitan police in 2019. “I didn’t think anyone would believe me. The accused was, is, a wealthy and powerful man. I thought everyone would think I was lying and I was trying to make my way in [my career].

“But, also, I felt ashamed. I thought I shouldn’t have accepted the invitation, I shouldn’t have gone, and that if I tried to say something everyone would say it was my own fault.”

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Nine rapes at Harrogate military college reported to civilian police in 13 months

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Figures raise questions about safeguarding at college given ‘outstanding’ for welfare by Ofsted

Nine rapes at the Harrogate military college, which trains 16- and 17-year-olds for careers in the British army, were reported to civilian police over a 13-month period to the middle of August, figures show.

Disclosed under freedom of information legislation, the figures raise questions about safeguarding at Harrogate, and why its welfare arrangements are rated as “outstanding” by Ofsted.

In the UK, Rape Crisis offers support for rape and sexual abuse on 0808 802 9999 in England and Wales, 0808 801 0302 in Scotland, or 0800 0246 991 in Northern Ireland. In the US, Rainn offers support on 800-656-4673. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html

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‘Trump show is over,’ says New York attorney general as third day of fraud trial ends

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Letitia James calls former president’s appearance at civil trial a ‘political stunt’ and a ‘fundraising stop’

The New York attorney general, Letitia James, told reporters on Wednesday that “the Trump show is over” as the third day of the former US president’s civil fraud trial wrapped up in Manhattan.

James and Trump both returned to the trial a day after Trump ran afoul of the judge by denigrating a key court staffer in a social media post.

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Holiday pay ruling ‘entitles many UK workers to thousands in unfairly deducted wages’

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Unison says decision affects other types of employee payments and is ‘victory for underpaid workers’

Many UK workers could be entitled to thousands of pounds “unfairly” deducted from their pay after a supreme court decision, according to unions.

The judgment relates to a long-running row about holiday pay but Unison, which participated in the case, said the ruling affected all other types of payment to employees and called it a “victory for underpaid workers”.

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Former social worker alleges she was dismissed over menopause symptoms

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Maria Rooney’s action against Leicester city council is first tribunal case to consider the symptoms as a disability

A former children’s social worker has told an employment tribunal that she felt “colluded against” by the council she worked for due to suffering symptoms of menopause.

Maria Rooney initiated legal action against Leicester city council in the first tribunal case to consider the symptoms as a disability. She has alleged she was constructively dismissed after discrimination over suffering menopause symptoms.

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Judge issues gag order after Trump’s comments on court clerk in civil trial

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The second day of Trump’s trial got off to another combative start after Trump branded the case a ‘fraud’ and ‘scam’

The judge overseeing Donald Trump’s civil fraud trial issued a gag order on Tuesday after the former president made comments about the judge’s clerk.

“Consider this statement a gag order forbidding all parties from posting, emailing or speaking publicly about any of my staff,” the judge, Arthur Engoron, said on Tuesday afternoon. “Personal attacks on members of my court staff are unacceptable, inappropriate and I will not tolerate them in any circumstances.

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Trump attacks New York court for fraud trial that threatens his business career

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Ex-president rails against judge and prosecutors accusing him of years-long fraud they say inflated his wealth by as much as $2.2bn

Donald Trump attacked the judge and New York prosecutors who have charged him with orchestrating a years-long fraud on Monday as state prosecutors accused the former president of using the scam to inflate his wealth by as much as $2.2bn.

Trump arrived at a New York court just a few miles south of Trump Tower on Monday for the first day of a fraud trial that could see the former president and his family business paying hundreds of millions of dollars in damages and that has already threatened to end his business career in the city where it started.

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Germany and Italy clash over proposed changes to shakeup of migration laws

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Hopes fade of deal being struck, with one sticking point being right to occasionally breach detention centre standards

European Union member states have failed to reach an agreement on changes to the bloc’s migration laws after Germany and Italy clashed over key proposals relating to human rights guarantees in detention centres and the role of NGOs in facilitating migrant arrivals.

But, as hopes faded on Thursday of a deal being struck, ministers said they expected “fine tuning” in coming days to lead to a pact that would apply in the event of a sudden refugee crisis such as that of 2015 when more than 1 million people arrived from Syria and beyond.

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French equality watchdog finds 90% of online pornography abuses women

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Report urges changes in the law to make it easier to take down content and prosecute its makers

As much as 90% of pornographic content online features verbal, physical and sexual violence towards women, and a significant amount of violence shown is punishable under existing laws in France, a report by the government-nominated equality watchdog has found.

France’s high council for equality between women and men on Wednesday handed the government a damning report on illegal porn-industry practices, urging changes to the law to prosecute makers of pornography and to take down content in order to protect those who have been filmed.

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South African anti-migrant ‘vigilantes’ register as party for next year’s polls

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Operation Dudula changes tactics from evictions and violence, with plans to fight elections on platform of expelling foreigners

An anti-migrant vigilante organisation in South Africa has registered as a political party and plans to contest seats in next year’s general elections.

Operation Dudula, whose name means “to force out” in Zulu, wants all foreign nationals who are in the country unofficially to be deported.

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