Public Law Human Rights Law Essay Research Coursework (Essay Sample)
The Secretary of State for the Home Department is concerned about high rates of youth crime in England and Wales, including so-called ‘county lines drug trafficking’ (the practice of trafficking drugs into rural areas and smaller towns, away from major cities, often involving children and young persons who have been victims of human trafficking). Using its large majority, the UK Government fictional Children and Young Persons Protection Act is passed.
Section One: The Secretary of State for the Home Department has absolute discretion to order the immediate and indefinite detention of any foreign national child or young person found in a public place without reasonable excuse between the hours of 20:00 and 05:00 BST. A child or young person means persons under the age of 21.
In the small town of Broxborough, Alex aged 14 (a UK Citizen) and Bertran aged 15 (a citizen of Columbia) lost track of time and continued to play football in their local park until 20:30 hours, Bertran was subsequently arrested and detained.
Nearby lives Chloe aged 13 (a citizen of Algeria), suspected by the police of having been trafficked and involved in county lines crime. She is found outside in a local shopping street at 21:00 hours; Chloe is detained and argues that she was going to the late night pharmacy to buy some medicine urgently needed by a friend.
Local residents are so concerned about what has happened to Bertran and Chloe they form an organisation Friends of Broxborough Kids (FBK) to challenge their detention.
Meanwhile, Debbie (a 20 year old Australian national) has been working in a role as a junior Home Office official. She is very concerned about some policies and practices, and considers these to not be in the best interests of children and young people. When she voices her concerns, she is met with belittling comments from colleagues and superiors, and her own competence is repeatedly questioned, to the point of causing her mental distress. She also believes that superiors have been looking through her desk drawer and accessing her emails. She complains about her concerns, but senior officials say they will not investigate due to budget cuts, and many pressing national security concerns, and Home Department resources are urgently needed elsewhere. Debbie secretly agrees to meet a journalist in a local bus shelter late one night to talk about her worries. She is subsequently detained on the basis of the fictional Children and Young Persons Protection Act.
Advise Bertran, Chloe, FBK and Debbie of any claims they may have under the Human Rights Act 1998 (Do not discuss any general common law grounds for judicial review which might also apply).
Public Law Human Rights
Child protection in the UK provides that the authorities may intervene in family settings where they deem a child to be at significant risk of harm. This has been critical in protecting children from “county lines drug trafficking.” However, the Children and Young Persons Protection Act has been used unfairly to discriminate against foreigners and UK nationals who fight for human rights.
Under the Human Rights Act 1998, Bertran, Chloe, FBK, and Debbie can claim unfair discrimination. Bertran can claim that he was unfairly arrested and detained because he is a citizen of Columbia. At the time of his arrest, he was playing with Alex, a UK citizen. However, although Alex was also supposed to be arrested, this did not happen because he is a UK citizen. This demonstrates that the authorities discriminated against him because he is a
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