Pupil Barrister

Tag: Human Rights (Page 10 of 40)

I Admire the American Political System

The 2016 US Election has been, as they would say, a ‘dumpster fire’.  The media have graded one candidate on a curve, and the discussion has been almost entirely about personalities. There does not appear to have been any sustained news cycle dedicated to policy.  Indeed, even the discussion of actual policies in the debates was atrocious.
It’s clear that the country is incredibly polarised. Nevertheless, I still admire the American political system.
One silver-lining of the Trump candidacy is that there has been plenty of discussion about the US system. I don’t mean admiration for the electoral college (although I’ve heard some good arguments for its retention recently) but more simply and fundamentally, the fact that everything is subordinate to the Rule of Law, and a Constitution which places and incredibly strong emphasis of individual rights and protections against government over-reach.
This may seem like a statement of the obvious, but recent events elsewhere in the world have made me particularly appreciate the American approach.
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On human rights, the UK should not be a law unto itself

The parliamentary Committee on Arms Export Controls is about to publish a report into the sale of weapons to Saudi Arabia.  It appears as though British-made weapons have been used to commit human rights abuses in Yemen.

Its draft report, seen by Newsnight’s Gabriel Gatehouse, said: “The weight of evidence of violations of international humanitarian law by the Saudi-led coalition is now so great, that it is very difficult to continue to support Saudi Arabia.”
The committee said it seemed “inevitable” that such violations had involved arms supplied by the UK which would mean it was in violation of its own legal obligations.

I’m not sure, but I think the phrase “its own legal obligations” means aspects of UK law that prohibt certain kinds of sale.
It’s stuff like this that makes me (and human rights groups) extremely distrustful of the Conservative Government’s proposed ‘Bill of Rights’.  This is a proposal to place our human rights protections entirely within the UK legal framework, with no reference to the law and jurisprudence of European Court of Human Rights.
As the Saudi arms sales story shows, this Government, in keeping with all past and future governments, cannot really be trusted to abide by its own rules and laws!  There is therefore something extremely comforting about the European Convention on Human Rights, which is a treaty and an obligation that other countries can hold us to (and of course, we can hold them to it as well).
On human rights, I’m glad that Britain is not currently a ‘law unto itself’ and fear for the time when that changes.

Ban the Burkini Ban

As someone who blogs about freedom of expression I really can’t let the ridiculous burkini controversy in France go by without comment.
Policemen have literally been forcing women to disrobe in public. That is deeply illiberal and wrong.
The arguments for enforcing such a policy do not stand up. Continue reading

My Gut Tells Me Theresa May Will Be Our Next Prime Minister

The perils of not posting your blog post immediately after you’ve written it!  I wrote this last night when the two main leadership contenders were Boris Johnson and Theresa May, and he was the bookies’ favourite.  Now Michael Gove has entered the race saying “Boris is not a leader”, Johnson’s odds have lengthened significantly and Mrs May is now the favourite.  I don’t know how that affects the principles I set out below.


The Conservative Party has begun the nomination process to elect a new party leader and therefore our next Prime Minister.
Boris Johnson is the favourite but my gut tells me that Theresa May will win.
Making pronouncements based on what one’s intensities say is a perilous practice. Often you end up talking shit or vomiting nonsense. Allow me to offer some head-like reasoning for what I feel in my waters. Continue reading

Mass Murderer Wins Human Rights Case and That's A Good Thing

Anders Bering Breivik, the far-right terrorist who murdered dozens of people in the Utoeya massacre in 2011 has won a human rights case.
He was being kept in solitary confinement for 22 hours a day, which the Norwegian court ruled was inhuman.
The judge in the case made a succinct point about human rights:

In her ruling, judge Helen Andenaes Sekulic said the right not to be subjected to inhuman treatment represented “a fundamental value in a democratic society” and also applied to “terrorists and killers”.

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