Law and Rights
The right to help eachother:
Following on from the immediately preceding post, I came across a blogpost which seems to really try to get the the basis of what "human rights" are about - Do right, fear no-one! -The right to help eachother.
Here, solicitor Tom Gaisford argues that our discussion of human rights ignores one of our greatest freedoms. Amongst all the rights defined in the 1948 Universal Declaration of Human Rights there is no mention of our freedom to help each other. Nor has it been characterised as a human right since. Why not? The answer is simple: we have taken it for granted.
Eleanor Roosevelt (1884-1962) said - "Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world."
Concern about the Justice and Security Bill:
Over the last 10 years or so an attitude has developed of some governments "looking the other way" in relation to torture and other forms of cruel, inhuman and degrading treatment. All of these are absolutely prohibited in international law and there is an absolute obligation on States to investigate, prosecute and punish even isolated breaches of the prohibition. The Guardian reports the view expressed by Prof Juan Méndez (UN special rapporteur on torture) that remedying abuses is hampered by the so-called "control principle" accepted by the U.K. in relation to the sharing of intelligence. This puts the State which supplies information in the driving seat as to whether that information may be used in legal proceedings etc. The control principle is one justification put forward by the British government for the Justice and Security Bill. Opponents of the Bill claim that if it becomes law it could be used to suppress evidence of UK involvement in torture - Secret courts could suppress evidence of UK role in torture, says UN official.
For full details of the talk by the Special Rapporteur see Chatham House 10th September - "Enforcing the absolute prohibition against torture." and also note the comments at International Law Bureau.
The Justice and Security Bill (as introduced to Parliament) was considered in an earlier post. The Bill was introduced via the House of Lords and is currently in its committee stage there.
Is the UK listening to the European Court of Human Rights?
See the interesting post on UK Human Rights blog which looks at the current state of play with regard to the UK and implementation of judgments. Ministry of Justice ~ Responding to Human Rights Judgments 2011-2012
- The European Convention On Human Rights Is 60 Today
Lord Bingham of Cornhill3rd September 1953 was the day when the European Convention on Human Rights came into force. It is also 74 years ago today that a sombre Neville Chamberlain announced the entry of the United Kingdom into World War 2: a war...
- Lord Neuberger's Timely Comment ...
In a speech prepared before the recent comments made by Ministers about pulling out of the European Court of Human Rights, the President of the Supreme Court (Lord Neuberger) issued a timely reminder that the United Kingdom is bound by other internationally...
- Lives Of Great Men ~ Stéphane Hessel
The death of Stéphane Frédéric Hessel (1917-2013) has been announced. By any standards, Hessel lived a most remarkable life during which he was a diplomat, ambassador, writer, concentration camp survivor, former French Resistance fighter and BCRA agent. ...
- Cruel Britannia ~ Serious Material To Consider
Suspicions about recent UK involvement in torture or (other cruel, inhuman or degrading treatment ) committed abroad have never been properly laid to rest and they are unlikely to be resolved if the Justice and Security Bill reaches the statute book....
- The Equality And Human Rights Commission Challenges The Government ...
Earlier this year, the government, very commendably, made public "consolidated guidance" to Intelligence Officers and Service Personnel on the detention and interviewing of detainees overseas and on the passing and receipt of intelligence relating to...
Law and Rights
Human Rights - just a little more
 |
| Prof Juan Méndez |
Following on from the immediately preceding post, I came across a blogpost which seems to really try to get the the basis of what "human rights" are about - Do right, fear no-one! -The right to help eachother.
Here, solicitor Tom Gaisford argues that our discussion of human rights ignores one of our greatest freedoms. Amongst all the rights defined in the 1948 Universal Declaration of Human Rights there is no mention of our freedom to help each other. Nor has it been characterised as a human right since. Why not? The answer is simple: we have taken it for granted.
Eleanor Roosevelt (1884-1962) said - "Where, after all, do universal human rights begin? In small places, close to home - so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm, or office where he works. Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world."
Concern about the Justice and Security Bill:
Over the last 10 years or so an attitude has developed of some governments "looking the other way" in relation to torture and other forms of cruel, inhuman and degrading treatment. All of these are absolutely prohibited in international law and there is an absolute obligation on States to investigate, prosecute and punish even isolated breaches of the prohibition. The Guardian reports the view expressed by Prof Juan Méndez (UN special rapporteur on torture) that remedying abuses is hampered by the so-called "control principle" accepted by the U.K. in relation to the sharing of intelligence. This puts the State which supplies information in the driving seat as to whether that information may be used in legal proceedings etc. The control principle is one justification put forward by the British government for the Justice and Security Bill. Opponents of the Bill claim that if it becomes law it could be used to suppress evidence of UK involvement in torture - Secret courts could suppress evidence of UK role in torture, says UN official.
For full details of the talk by the Special Rapporteur see Chatham House 10th September - "Enforcing the absolute prohibition against torture." and also note the comments at International Law Bureau.
The Justice and Security Bill (as introduced to Parliament) was considered in an earlier post. The Bill was introduced via the House of Lords and is currently in its committee stage there.
Is the UK listening to the European Court of Human Rights?
See the interesting post on UK Human Rights blog which looks at the current state of play with regard to the UK and implementation of judgments. Ministry of Justice ~ Responding to Human Rights Judgments 2011-2012
- The European Convention On Human Rights Is 60 Today
Lord Bingham of Cornhill3rd September 1953 was the day when the European Convention on Human Rights came into force. It is also 74 years ago today that a sombre Neville Chamberlain announced the entry of the United Kingdom into World War 2: a war...
- Lord Neuberger's Timely Comment ...
In a speech prepared before the recent comments made by Ministers about pulling out of the European Court of Human Rights, the President of the Supreme Court (Lord Neuberger) issued a timely reminder that the United Kingdom is bound by other internationally...
- Lives Of Great Men ~ Stéphane Hessel
The death of Stéphane Frédéric Hessel (1917-2013) has been announced. By any standards, Hessel lived a most remarkable life during which he was a diplomat, ambassador, writer, concentration camp survivor, former French Resistance fighter and BCRA agent. ...
- Cruel Britannia ~ Serious Material To Consider
Suspicions about recent UK involvement in torture or (other cruel, inhuman or degrading treatment ) committed abroad have never been properly laid to rest and they are unlikely to be resolved if the Justice and Security Bill reaches the statute book....
- The Equality And Human Rights Commission Challenges The Government ...
Earlier this year, the government, very commendably, made public "consolidated guidance" to Intelligence Officers and Service Personnel on the detention and interviewing of detainees overseas and on the passing and receipt of intelligence relating to...