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The recent French election once again saw centrist Macron head to head with far right nationalist Le Pen. Macron won the election by a much narrower margin that the 2017 elections. I have an interest in the French elections as my parents live there and are not far away from applying for citizenship. For them, the prospect of a far right president was worrying.
The politics of much of the world has shifted to the right of late, often to the far right. Perhaps this hasn’t been a recent thing. Indeed, before this wave of Trump, Modi, and Le Pen, we had UKIP and for a while the BNP was making a lot of noise. The writing was on the wall with New Labour and their many new immigration offences, Blair’s tough on crime and it’s causes approach, and not forgetting war on Iraq and Afghanistan. This was swiftly followed with then Home Secretary Theresa May’s hostile environment agenda which has been advanced again and again by consecutive Home Secretaries until we passed the point of no return with Priti Patel and her Nationality and Borders Act 2022 (it pains me to type ‘Act’ instead of ‘Bill’ – it’s black and white now) from which not the Lords nor God nor the best lawyers in the land seem have yet been able to save us from. What we see now is a Conservative government embedded with far right ideology, and this is not an isolated island in that respect.
This current uprising of the far right, racist, and xenophobic politicians is a global phenomenon. Modi, the far right Hindu nationalist is knee deep in his campaign against Muslims, revoking autonomy in Jammu and Kashmir (ironically – or deliberately – this took place on 31st October 2019, the day Britain was supposed to leave the EU), invoking the Citizenship (Amendment) Act 2019 which disproportionately affects the citizenship of Muslims who now face the possibility of expulsion, and even outright attacks on Muslims.
Then there was Trump and the less said about him, the better. But let us return to France. This is the second consecutive election in which Macron has faced Le Pen and won. In France, elections are held in two stages. All parties and candidates go head to head in stage one and if no candidate holds a majority, a second round between the top two candidates takes place. In 2017, Macron won the second stage with 66.1% of the vote. This time around, the vote was much narrower 58.6%. Le Pen’s Rassemblement National party has ‘transformed’ since the 2017 election, with the party’s councillor for Gironde arguing that they are not the far right, and instead are localists and nationalists. Are they not one and the same?
In recent years, the rise of the far right in Europe has been fuelled by fears of refugees, terrorism, and open borders within the European Union. In addition to this, concerns over employment and poverty have contributed to this. It is not all about them, it is preservation of us.
In a globalised era, we have seen decades of erosion of the working class jobs of old combined with distorted perceptions of immigration and population changes. People living in poverty, unemployed or in insecure employment look for someone to blame and the someone tends to be them. So, parties who say they stand for the working man and oppose immigration become popular, not because voters are necessarily racist but because they are fearful and suffering. Bearing that in mind, where does that leave us now? The whole of Europe is facing a cost of living crisis, war on our doorstep. Here in the UK, inflation and interest rates are rising but wages are not. We cannot blame this on them, on people fleeing persecution, on people who come to the UK to fill the jobs nobody wants or are not qualified to do. This us and them narrative causes nothing but division and hatred, fuelling hateful politicians who – let’s face it – serve nobody’s interests but their own.
My Monday message: Choose love
In criminological discourses the term “war crime” is a contested one, not because there are no atrocities committed at war, but because for some of us, war is a crime in its own right. There is an expectation that even in a war there are rules and therefore the violation of these rules could lead to war crimes. This very focused view on war is part of a wider critique of the discipline. Several criminologists including, Ruggiero, DiPietro, McGarry and Walklate, to name a few, have argued that there is less focus on war as a crime, instead war is seen more as part of a metaphor used in response to social situations.
As far back as the 1960s, US President Johnson in his state of the union address, announced “The administration today here and now declares unconditional war on poverty in America”. What followed in the 1964 Economic Opportunity Act, was seen as the encapsulation of that proclamation. In some ways this announcement was ironic considering that the Vietnam war was raging at the time, 4 years before the well documented My Lai massacre. A war crime that aroused the international community; despite the numbers of soldiers involved in the massacre, only the platoon leader was charged and given a life sentence, later commuted to three and a half years incarceration (after a presidential intervention). Anyone can draw their own conclusion if the murder of approximately 500 people and the rape of women and children is reflected in this sentence. The Vietnam war was an ideological war on communism, leaving the literal interpretation for the historians of the future. In a war on ideology the “massacre” was the “collateral damage” of the time.
After all for the administration of the time, the war on poverty was the one that they tried to fight against. Since then, successive politicians have declared additional wars, on issues namely drugs and terror. These wars are representations of struggles but not in a literal sense. In the case of drugs and terrorism criminology focused on trafficking, financing and organised crimes but not on war per se. The use of war as a metaphor is a potent one because it identifies a social foe that needs to be curtailed and the official State wages war against it. It offers a justification in case the State is accused being heavy handed. For those declaring war on issues serves by signalling their resolve but also (unwittingly or deliberately) it glorifies war as an cleansing act. War as a metaphor is both powerful and dangerous because it excuses State violence and human rights violations. What about the reality of war?
As early as 1936, W.A Bonger, recognised war as a scourge of humanity. This realisation becomes ever more potent considering in years to come the world will be enveloped in another world war. At the end of the war the international community set up the international criminal court to explore some of the crimes committed during the war, namely the use of concentration camps for the extermination of particular populations. in 1944 Raphael Lemkin, coined the term genocide to identify the systemic extermination of Jews, Roma, Slavic people, along with political dissidents and sexual deviants, namely homosexuals.
In the aftermath of the second world war, the Nuremberg trials in Europe and the Tokyo trials in Asia set out to investigate “war crimes”. This became the first time that aspects of warfare and attitudes to populations were scrutinised. The creation of the Nuremberg Charter and the outcomes of the trials formulated some of the baseline of human rights principles including the rejection of the usual, up to that point, principle of “I was only following orders”. It also resulted in the Nuremberg Code that set out clear principles on ethical research and human experimentation. Whilst all of these are worthwhile ideas and have influenced the original formation of the United Nations charter it did not address the bigger “elephant” in the room; war itself. It seemed that the trials and consequent legal discourses distanced themselves from the wider criminological ideas that could have theorised the nature of war but most importantly the effects of war onto people, communities, and future relations. War as an indiscriminate destructive force was simply neglected.
The absence of a focused criminological theory from one end and the legal representation as set in the original tribunals on the other led to a distinct absence of discussions on something that Alfred Einstein posed to Sigmund Freud in early 1930s, “Why war?”. Whilst the trials set up some interesting ideas, they were criticised as “victor’s justice”. Originally this claim was dismissed, but to this day, there has been not a single conviction in international courts and tribunals of those who were on the “victors’” side, regardless of their conduct. So somehow the focus changed, and the international community is now engaged in a conversation about the processes of international courts and justice, without having ever addressed the original criticism. Since the original international trials there have been some additional ones regarding conflicts in Yugoslavia and Rwanda. The international community’s choice of countries to investigate and potentially, prosecute has brought additional criticism about the partiality of the process. In the meantime, international justice is only recognised by some countries whilst others choose not to engage. War, or rather, war crimes become a call whenever convenient to exert political pressure according to the geo-political relations of the time. This is not justice, it is an ad hoc arrangement that devalues the very principles that it professes to protect.
This is where criminology needs to step up. We have for a long time recognised and conceptually described different criminalities, across the spectrum of human deviance, but war has been left unaccounted for. In the visions of the 19th and 20th century social scientists, a world without war was conceptualised. The technological and social advancements permitted people to be optimistic of the role of international institutions sitting in arbitration to address international conflicts. It sounds unrealistic, but at the time when this is written, we are witness to another war, whilst there are numerous theatres of wars raging, leaving a trail of continuous destruction. Instead of choosing sides, splitting the good from the bad and trying to justify a just or an unjust war, maybe we should ask, “Why war”? In relation to youth crime, Rutherford famously pondered if we could let children just grow out of crime. Maybe, as an international community of people, we should do the same with war. Grow out of the crime of war. To do so we would need to stop the heroic drums, the idolisation of the glorious dead and instead, consider the frightened populations and the long stain of a violence which I have blogged about before: The crime of war
Recently after yet another military campaign coming to an end, social media lit all over with opinions about what should and should not have been done as military and civilians are moving out. Who was at fault, and where lies the responsibility with. There are those who see the problem as a matter of logistics something here and now and those who explore the history of conflict and try to explain it. Either side however does not note perhaps the most significant issue; that the continuation of wars and the maintenance of conflict around the world is not a failure of politics, but an international crime that is largely neglected. For context, lets explore this conflict’s origin; 20 years ago one of the wealthiest countries on the planet declared war to one of the poorest; the military operations carried the code name “Enduring Freedom”! perhaps irony is lost on those in positions of power. The war was declared as part of a wider foreign policy by the wealthy country (and its allies) on what was called the “war on terror”. It ostensibly aimed to curtail, and eventually defeat, extremist groups around the world from using violence and oppressing people. Yes, that is right, they used war in order to stop others from using violence.
In criminology, when we talk about violence we have a number of different ways of exploring it; institutional vs interpersonal or from instrumental to reactive. In all situations we anticipate that violence facilitates more violence, and in that way, those experiencing it become trapped in a loop, that when repeated becomes an inescapable reality. War is the king of violence. It uses both proactive and emotional responses that keep combatants locked in a continuous struggle until one of them surrenders. The victory attached to war and the incumbent heroism that it breeds make the violence more destructive. After all through a millennia of warfare humans have perfected the art of war. Who would have thought that Sun Tzu’s principles on using chariots and secret agents would be replaced with stealth bombers and satellites? Clearly war has evolved but not its destructive nature. The aftermath of a war carries numerous challenges. The most significant is the recognition that in all disputes violence has the last word. As we have seen from endless conflicts around the world the transition from war to peace is not as simple as the signing of a treaty. People take longer to adjust, and they carry the effects of war with them even in peace time.
In a war the causes and the motives of a war are different and anyone who studied history at school can attest to these differences. It is a useful tool in the study of war because it breaks down what has been claimed, what was expected, and what was the real reason people engaged in bloody conflict. The violence of war is different kind of violence one that takes individual disputes out and turns people into tribes. When a country prepares for war the patriotic rhetoric is promoted, the army becomes heroic and their engagement with the war an act of duty. This will keep the soldiers engaged and willing to use their weapons even on people that they do not know or have any personal disputes with. Among wealthy countries that can declare wars thousands of miles away this patriotic fervour becomes even more significant because you have to justify to your troops why they have to go so far away to fight. In the service of the war effort, language becomes an accomplice. For example they refrain from using words like murder (which is the unlawful killing of a person) to casualties; instead of talking about people it is replaced with combatants and non-combatants, excessive violence (or even torture) is renamed as an escalation of the situation. Maybe the worst of all is the way the aftermath of the war is reflected. In the US after the war in Vietnam there was a general opposition to war. Even some of the media claimed “never again” but 10 year after its end Hollywood was making movies glorifying the war and retelling a different rendition of events.
Of course the obvious criminological question to be asked is “why is war still permitted to happen”? The end of the second world war saw the formation of the United Nations and principles on Human Rights that should block any attempt for individual countries to go to war. This however has not happened. There are several reasons for that; the industry of war. Almost all developed countries in the world have a military industry that produces weapons. As an industry it is one of the highest grossing; Selling and buying arms is definitely big business. The UK for example spends more for its defence than it spends for the environment or for education. War is binary there is a victor and the defeated. If a politician banks their political fortunes on being victorious, engaging with wars will ensure their name to be carved in statues around cities and towns. During the war people do not question the social issues; during the first world war for example the suffragettes movement went on a pause and even (partly) threw itself behind the war effort.
What about the people who fight or live under war? There lies the biggest crime of all. The victimisation of thousands or even millions of people. The civilian population becomes accustomed to one of the most extreme forms of violence. I remember my grandmother’s tales from the Nazi occupation; seeing dead people floating in the nearby river on her way to collect coal in the morning. The absorption of this kind of violence can increase people’s tolerance for other forms of violence. In fact, in some parts of the world where young people were born and raised in war find it difficult to accept any peaceful resolution. Simply put they have not got the skills for peace. For societies inflicted with war, violence becomes currency and an instrument ready to be used. Seeing drawings of refugee children about their home, family and travel, it is very clear the imprint war leaves behind. A torched house in a child’s painting is what is etched in their mind, a trauma that will be with them for ever. Unfortunately no child’s painting will become a marble statue or receive the honours, the politicians and field marshals will. In 9/11 we witnessed people jumping from buildings because a place crashed into them; in the airport in Kabul we saw people falling from the planes because they were afraid to stay in the country. Seems this crime has come full circle.
I’m a great believer in human rights and when the topic comes up, I make it clear to my students that you either buy into human rights wholeheartedly or you don’t buy into it at all. There is no halfway house. You cannot pick and choose which bits you like, or decide that there is a time limited offer, a bit like a sale, on one month but not the next, and then on again. Nor can you decide that such rights only apply to some and not others (Home Office take note regarding refugees and asylum seekers). But the more I think about human rights the more I question how rights can work on an individual level without impacting on others’ rights.
A good example is the protests over the last year or so, particularly during ‘lockdown’. I ought to hasten to add before someone protests vociferously, that this blog is not about the validity of the subject matter being protested about. The blog is simply about how the exercise of rights that we hold so dear, can and do impact on other’s rights.
The government and its agents have a duty to ensure that human rights are facilitated as best as possible. Whilst there are some caveats, this duty extends to taking positive steps to ensure that we have a right to protest, a right to associate with whom we like, a right to express what we want to express and I would suggest above all else a right to life. I have prioritised the right to life but, in the arguments about the rights to protest, few if any question the impact that such protests have on that one fundamental right.
And I can hear the arguments now, what the people are protesting about is far bigger, too important not to be allowed to protest. The argument can even be extended to the fact that the protests are about the right to life, a valid argument. So, it is ironic that protesting about the right to life impacts on others’ right to life. If you don’t agree then please tell me what the purpose of ‘lockdown’ was if it wasn’t at least in part to save lives. The problem with protests, peaceful or not is that they do not suddenly happen in one place, people are not just beamed in. Would be protesters have to get to the venue thereby creating multiple opportunities for the spread of Covid. But even when we are not in ‘lockdown’, many protests have a detrimental impact on the rights of other members of the public through the disruption caused. In exercising fundamental rights, we trample on the rights of others. Whilst we may agree with the sentiments of the protests, it is and should not always be the case. Protests are not always about what we hold or ought to hold dear, in fact sometimes the opposite.#
I cannot say I am in favour of the new proposals to regulate protests, but I do understand the rationale, at least in part. I also understand the concern and the possible impact on our freedoms. But I find it somewhat bemusing that so many are quick to criticise and yet so few offer solutions. One day, when I am particularly annoyed about something and decide to join a protest, I wonder whether I will think about other people and the rights I am depriving them of?
Wherever I go in life, whatever I do, as long as I am helping others and making a positive difference, I will be happy”
For many years, that has been my take on looking for jobs – helping people, and making a positive difference.
What will I do with my life? Where will life lead me? I’ll say my prayers, and find out!
As a child (between 5-9 years old), I wanted to be a nurse; I have a caring nature, and love helping people! Imagining myself in a nurse’s uniform, and putting bandages on patients and making them better, was something I dreamed about.
Life moves forward, and at the age of 13 I wanted to be so much!
I considered becoming a teacher of either English or Religious Studies. At 13, I loved English and learning about all world faiths. It fascinated me! My teacher had a degree and masters from Oxford University; and I absorbed everything I could! Religious Studies was my favourite subject (alongside art, drama and English) I also had my first, most profound spiritual experience, deepening my Catholic faith (written in more detail in chapter 1 of Everyday Miracles).
My hobbies included reading, writing and drawing. Throughout my teenage years, I devoured the Harry Potter books, the Lord of the Rings books, and Phillip Pullman’s His Dark Materials books. I had a library card, and would borrow books from the library in my village and would read regularly at home. I wanted to be an artist and author, and would often write poetry and short stories, and kept a sketchbook to do drawings in. I dreamed of being a published author, and to be an artist – however, these were seemingly beyond my reach. I prayed to God, that I would be able to fulfil these life ambitions one day.
Alongside of this, I also did some charity work – any change that I got from my lunches, I would put in an empty coffee jar and save them up. I was given the rather cruel nickname, ‘penny picker’, which resulted in bullying from people across different year groups, because I picked up pennies off the floor and put them in my charity pot. Though I did get a mention in the school newsletter stating that the money I raised amounted to quite a large sum, and went to CAFOD, and a homeless charity. I have always done charity work, and still do charity work today!
In school, there were 2 sets in each year; the A-band and the B-band. The A-band were the high academic performers, and those who got high grades. The B-band was the lower set… the set which I was in… This meant that when it came to picking GCSEs, I could only choose 2, not 3, which the A-band students were able to do.
In my Citizenship and Religious studies lessons, I began learning more about the globalized world, human rights, and social issues. Here, I learned in great detail about slavery (slightly covered in history too), prejudice and discrimination, the Holocaust, and 3rd world issues, such as extreme poverty, deprivation, and lack of basic human necessities, such as water, food and sanitation. We even touched upon the more horrific human rights abuses such as extraordinary rendition, religious persecution, torture, and rape and sexual violence.
My ambitions began to evolve more, and I dreamed of becoming a lawyer and even a judge. I wanted to serve justice, make communities safer, and to do more to combat these issues. With my soft heart, and a love of helping people, I knew that being a lawyer would help with doing this!
Moving forward to Year 10; choosing my GCSEs…. I spoke with one of the school heads, and asked for advice. I was still adamant on being a lawyer, and so was advised to do drama and history. Drama as it would boost my confidence, public speaking and expressive skills. History, because of the analytical thinking and examination of evidence that lawyers need when presenting their arguments. I was very happy with this! I loved drama and I enjoyed history – both the teachers were great and supportive!
At the age of 15, I was diagnosed with Asperger Syndrome – this explained so much about me and my idiosyncrasies. Ironically, it was my drama and my history teacher who picked up on it, due to my odd gait, social skills, and how I processed information. At parents’ evening, both teachers discussed with my mum about the diagnosis, and getting support. It was a big shock when I spoke with each of my teachers individually about the diagnosis.
At the end of doing my GCSEs, I was a pretty average student with mostly C grades. When it came to picking A-levels, I was unable to to the subjects that I really wanted to do…. Philosophy, Theology, Law and Psychology…. After a few weeks of battling and trying to get onto a course that would accept me, I ended up doing Travel and Tourism, A-level Media, Applied Sciences and Forensics (which had a criminology module), and, in Year 13, I took on an Extended Project, to boost my chances of getting into university.
I felt somewhat disillusioned… I’m studying courses that will only accept me because of my grades – an odd combination, but a chance to learn new things and learn new skills! In my mind, I wondered what I would ever do with myself with these qualifications…
Deciding to roll with it, I went along. I was much more comfortable in my Sixth Form years as I learned to embrace my Asperger’s, and started being included in different socials and activities with my peers.
Those 2 years flew by, and during my science course, when I did the criminology unit, I was set on studying that joint honors at a university. Criminology gripped me! I loved exploring the crime rates in different areas, and why crime happens (I had been introduced briefly to Cesare Lombroso, and the Realist theories). I have always loved learning.
Fast forward, I decided to go to Northampton University to do Criminology and Education, and even had the hope that I may be able to get a teaching job with the education side. However, due to an education module no longer being taught, I majored in Criminology.
However, in my second year of studies, I did a placement at a secondary special needs college, and helped the children with their learning! All the children would have a day at a vocational training centre doing carpentry, arts and crafts, and other hands on and practical courses. Back in their classrooms, they had to write a log of what they learned. The students I helped were not academic, and so I would write questions on the board to guide them with their log writing, and would write words that they struggled to spell – my opportunity to help students with their education! Later in life, I worked as a Support Worker for students with additional needs at both Northampton, and Birmingham City University, so still learning whilst helping others.
July 2015, I graduated with a 2:1 in my degree, and I had been encouraged to do an LLM in International Criminal Law and Security – a degree in law! It was unreal! From being told I could not do A-level law, here, I was able to do a masters in law! I applied for the Santander Scholarship, and got enough money to cover my course and some living costs – basically, a Masters degree for free!
During those 2 years of being a part time post graduate, I set up and ran the Uni-Food Bank Team and continued with running Auto-Circle Spectrum Society. January 2016 saw a downward dive in my mental health and I was diagnosed with severe depression (When the Darkness Comes).
I learned to cope and found my own way of healing myself through art and painting (which I later began painting on canvasses and sold at arts and crafts fayres).
February 2018 – I graduate with my LLM; the first on my dad’s side of the family to go to university, and on my mum’s side, the first to have a masters’ degree.
Going back to the question of this blog; When I grow up, what will I be?
I will be everything that I ever wanted to be! I am now a published author (mentioned at the start of the blog), have done freelance writing and art (everything I have written on every platform used can be accessed here: Blog Home Page: Other Writing Pieces)! I got a degree in Criminology with Education, and a Masters degree in International Criminal Law and Security!
I have have utilised my knowledge of human rights to fight for the rights of Persecuted Christians, political and social activists, and write to someone on death row too! (Serving Our Persecuted Brothers and Sisters Globally, I See You, Prisoners of Conscience, Within Grey Walls
I still do loads of charity work, and support my local food bank along the side too! (Brain Tumor Research; Helping Those in Need)
It’s safe to say that God answered every single one of my prayers, and even gave me strength in some circumstances!
Currently, I am working as the administrator of an an addiction recovery unit in my home village! A job I thoroughly enjoy – it is challenging, my colleagues are the funniest bunch I have ever met! I have learned so much, and am thriving!
Most importantly, as I’ve grown up, I’ve learned to be happy, learned to overcome all odds that are against me, and to always help others regardless of the circumstance. I’ve learned to be compassionate and strong ❤
“Waking up to gray walls and black bars…in the silence of ones own thoughts, leaves one to a feeling of somberness…as those around begin to stir and began their individual day, hope creeps into ones mind….as the discussions regarding legal strategies began, hope then becomes more than just a shadow…as guys began to discuss their potential future beyond prison and being locked in a cell for days at a time, hope becomes more than just a fleeting moment! Silence can sometimes be ones own enemy on death row:-…So I condition myself to discover the “why” I fight through the fits of depression and despair, instead of focusing on the “how’s”….because pursuit of the “why’s” bring about methods of finding a solution….encouragement to remain hopeful!”
Everyone has the right to life, liberty and security of person (1).
Without the right to life, we cannot enjoy the freedoms set forth in the Universal Declaration of Human Rights.
However, what if one’s life was imprisoned and waiting to be ended for crime? In addition, what if a person was to be put to death for associating with a particular demographic?
The death penalty is the authorization of the state to kill a citizen for a crime, whether it’s murder, rape, treason, or more severe crimes, such as crimes against humanity and genocide (2).
Whilst the death penalty can be a deterrent, provide justice, and be the ultimate punishment for a crime and justice for victims, it is also used in some countries to persecute minority groups, such as the LGBT community (3) (4). (In references, there is a link to an interactive map of countries that utilize the death penalty for LGBT groups).
According to the Death Penalty Information Centre (DPIC), around 82% of cases involving capital punishment, race was a determining factor of giving this punishment, in comparison to white counterparts (5). However, the justice system is far from perfect, and miscarriages of justice occur. Due to issues of racism and racial bias (particularly within the American Justice System), this has seen members of minority groups and innocent people put on death row whilst a criminal still walks free. A damning example of a miscarriage of justice, and a clear demonstration of racism, is the case of George Stinney, whom, at the age of 14, was wrongly accused of murdering 2 girls. He was taken to court, tried by an all white jury, and was given the electric chair (6).
This, ultimately, is the state failing to protect its citizens, and causing irreparable damage to others. The George Stinney case is a condemnatory example of this. On top of that, it is hard to measure deterrence, and whether capital punishment actually deters people from committing crime.
However, what is it actually like being on death row?
June 2017 saw the start of a new friendship – a unique friendship. What simply started out with me wanting to reach out and be a ray of light to someone on death row, turned into a wonderful experience of sharing, support and immeasurable beauty. In June 2017, I began writing to a man on death row, and simply wanted to be a ray of light to someone in a dark place.
He has shared some of his thoughts of what it is like to be on death row:
“Perseverance. This is key when facing a day in prison (physically and mentally) because is never “where” you are physically, but your ability and willingness took push through those times of adversity and overcome the very things that have the power to bring you down….such as evil”. BUT- when we examine the word “evil” look closely…. Do you see it yet? ….. It’s “LIVE” backwards and to me its when we lose our patience to “LIVE” that we have brushes with “evil”…no???? So within these walls I do my best to find the “silver lining” and develop the better aspects of me”.
Now, it may seem effortlessly -but- in all honestly….its very difficult to face each day with the uncertainty of knowing whether the presence I have is one that has significance….in here I have to prepare myself on a constant basis in order to be the best version of myself no matter what lays ahead.
Thankfully….I have met an incredible person, who guides me by way of her words…offers me comforts by way of her thoughts and prayer and encourages me through her never ending presence! She is beautiful in every aspect of the word…She has helped me to discover that EVERYTHING and NOTHING awaits beyond forever!
(1) Universal Declaration of Human Rights (UNDH) Article 1 Available online at: https://www.un.org/en/universal-declaration-human-rights/ Accessed on 21/01/2020
(2) Louise Gaille ’15 Biggest Capitol Pros and Cons’ Available online at: https://vittana.org/15-biggest-capital-punishment-pros-and-cons Accessed on 24/03/2020
(3) The Human Dignity Trust ‘Saudi Arabia: Types of Criminalisation’ Available online at: https://www.humandignitytrust.org/country-profile/saudi-arabia/ Accessed on 24/03/2020
(4) Death Penalty Information Centre ‘Executions By Race and Race of Victim’ Available online at: https://deathpenaltyinfo.org/executions/executions-overview/executions-by-race-and-race-of-victim
(6) Snopes Fact Check ‘Did South Carolina Execute 14-year-old George Stinney, then declare him innocent 70 years later?’ Available online at: https://www.snopes.com/fact-check/george-stinney-execution-exoneration/ Accessed on 24/03/2020
Interactive map of countries where the death penalty is used against the LGBT community: https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/?type_filter=crim_gender_exp
Human Writes: https://www.humanwrites.org
I am minded to write something about both utilitarianism and human rights as a consequence of watching the news the other night. Two separate but linked news articles struck a chord. The first about police being heavy handed in applying the emergency laws surrounding the restricting of movement and the second about the emergency laws being passed to suspend jury trials in Scotland. Both have an impact in respect of human rights.
Turning to the first, the complaint is that the police across England and Wales have in some cases been disproportionate in their dealing with the public when attempting to manage the restrictions around movement. The example shown was the uploading of videos onto social media depicting people walking around the Peak District. The captions simply asked whether the trip was necessary.
The government guidance is pretty clear regarding staying at home but perhaps is a little less clear about travelling to a location to partake in exercise. I must admit though I am a little perplexed at the accusation of heavy handedness. The Human Rights Act 1998 provides for a right to life and it has been held that the government and its agencies have a positive obligation to facilitate this. There are of course some caveats as it would be almost impossible to ensure this in all circumstances. There is no doubt that people are dying from Covid-19. The approach to enforce social distancing, presently predominantly through information and the reliance on responsibility and good will, seems to be the only current viable approach to combating this killer. The curtailment of some Human Rights is it seems necessary to ensure the greater good and to preserve life. The latter of course is a primary duty that most police officers would recognise. The greater good for the many is it seems compatible with a key principle of human rights.
Turning to the second news article. The right to a fair trial is a fundamental human right. The suspension of a jury may be against longstanding legal principles but, the Human Rights Act does not specify that the trial should be before a jury, merely an independent judge. The argument could be made that trials should be suspended but this might be impinging on rights in respect of defendants being held in custody awaiting trial. The convening of a jury would flout the rationale behind current legislation in place to enforce social distancing and would quite simply be contrary to obligations to protect life.
The notions of utilitarianism are often viewed as in conflict with individual rights and therefore the Human Rights Act. Many see the two as incompatible, one relates to the many and the other the individual. This argument though fails to have vision, it is not truly consequentialist. Human Rights are utilitarian in their very nature. Is it not to the greater good that people have a right to life, a right to freedom of association, a right to a fair trail to name but a few? Should it not be considered that every individual case that is examined under the Human Rights Act has consequences for the many as well as the individual? A breach of the Act if unchallenged opens the way for abuses by governments and their agencies, it is utilitarian in nature, it is there for the greater good, not just the individual circumstances that are being examined. But should we also not consider that there is a need to prioritise rights, particularly in the circumstances the country and world finds itself in? Some parts of the Act are in clearly on occasions, incompatible with others. Curtailment of some freedoms and rights is necessary for the greater good but more importantly, it is necessary to save lives, perhaps even the life of the individual complaining of the curtailment. We can but hope that amidst all of this, good sense prevails.