Human Rights Laws & the ‘Never Again’ Justification; Part II of IV

[This is Part II of IV of an article about whether human rights laws serve as an effective prevention against genocide and/or democide.  See here for Part I] To what extent do legal instruments that are designed to protect human rights, reduce human rights violations? Statistical studies have sought to measure a state’s human rights performance before and after a…

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Human Rights Laws & The ‘Never Again’ justification; Part I of IV

Introduction At the end of this article, is a short video produced by an organisation called ‘Human-Rights-Info’. The video argues that codified human rights laws are necessary to prevent genocide. This is known as the ‘never again’ justification and was the rationale for the Universal Declaration of Human Rights (“UNDHR”), which inspired the European Convention on Human Rights (“ECHR”). See here…

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REVIEW OF THE RICHARD PAGE JUDGMENT

Further to my last post, I impart herein, my report and analysis of the judgment in the case of Richard Page vs NHS Trust Development Authority, see here for the full judgment. The Claimant’s causes of action were direct discrimination, indirect discrimination, harassment and victimisation, all contrary to the Equality Act 2010.  The Claimant was not an employee and so there…

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RICHARD PAGE LOSES EMPLOYMENT CLAIM

Richard Page has lost his employment claim.  I am still, at the time of writing, searching for a copy of the judgment so that I can analyse it and write a proper article. Apparently the Tribunal found that Richard Page was not dismissed for his views on homosexuality and homosexual adoption but for making media appearances without his employer's permission.  This raises…

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‘Supreme Court’ delivers blow to concepts of Parliamentary Sovereignty & State Immunity

In the combined cases of Benkharbouche (Respondent) v Secretary of State for Foreign and Commonwealth Affairs (Appellant) and Secretary of State for Foreign and Commonwealth Affairs and Libya (Appellants) v Janah (Respondent) , see here for the judgment, the ‘Supreme Court’ ruled that the Employment Tribunal must consider the claims of employees of the Sudanese and Libyan Embassies in London.…

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THE ISSUE OF ‘NO FAULT DIVORCE’ ARISES AGAIN

The subject of ‘no fault divorce’ was, perhaps unsurprisingly, raised at the recent Conservative Party Conference. I have written about the subject before, see here, here & here. I have put the phrase ‘no fault divorce’ in inverted comas because no fault divorce is already available after a period of 2 years separation with the other party’s consent, or 5…

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BETTER OFF OUT: RUSSIA & THE EUROPEAN COURT OF HUMAN RIGHTS

In an article published in the Law Society Gazette today (25.09.2017), see here, Jonathan Goldsmith suggests that Russia should be “left out in the cold” with respect to the Council of Europe, due to its “illegal” annexation of Crimea. He does not state exactly what he means by the above phrase but seems to suggest that it would be better…

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Court Strikes Blow Against Trump’s Crackdown on Sanctuary Cities

In a further set back to the Trump Administration’s immigration agenda (championed by the Attorney General Jeff Sessions pictured above), a federal judge granted the City of Chicago an injunction against the effect of an Executive Order that would restrict federal funding to Chicago if it remained a ‘sanctuary City’. The injunction will preserve the status quo ante until the…

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HATE SPEECH LAW DEBATE

Below is a good video extract from a hate speech debate.  The speaker highlights the role of the UN & former USSR in the development of hate speech laws and the fact that it was designed to stifle a specific idea.  The motion is whether free speech should include hate speech and the speaker calls the idea of hate speech…

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Comments on the Lammy Review on the Criminal Justice System

The review by MP & Barrister David Lammy has just been published; see here for the "call for evidence analysis" and here for the full review.  The review is said by some to have 'exposed' racial bias within the Criminal Justice System, see here.  Lammy himself claims that the racial bias in the Criminal Justice System is a "ticking time bomb", see here.…

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