Traveller Movement v Ofcom and Channel 4,  EWHC 406 (Admin), 20 February 2015 – read judgment
One of the nation’s great televisual fascinations last week became the unlikely subject of an Administrative Court judgment that demonstrates the limits of common law standards of fairness, as well as the lightness of touch applied by the courts when reviewing the decision-making of the media regulator.
On yesterday’s Newsnight (from 7 minutes 20 seconds in), Britain’s foremost legal commentator Joshua Rozenberg revealed that he resigned as the Telegraph’s legal editor in 2007 after the news desk sexed up a human rights story with false information.
The story is still on the Telegraph’s website here. It was a report of the 2007 House of Lords decision in Secretary of State for Defence v Al-Skeini & Ors  UKHL, a case about whether the Human Rights Act applied to actions of the British Army in Iraq. The House of Lords ruled that the Act did apply in British detention facilities, but that it did not apply in the streets of occupied Basra. There is an excellent summary of the case by Rozenberg here.
Followers of the blog will know I am developing a new initiative, the Human Rights Information Project (HRIP). The aim is to radically rethink the way we communicate about human rights.
I need some help from you. I want to crowd-source data from readers of this blog about the 50 human rights cases absolutely everyone needs to know about. All contributors will be attributed on the HRIP site and I will publish the text of the best nominations.
This data is going to be a central the project so I would really appreciate you taking the time to help out.
Here are the criteria:
Most law undergraduates are familiar with Jeremy Bentham’s dismissal of natural rights as “nonsense on stilts”. This is a slight misrepresentation of what he said, which was that “Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense — nonsense upon stilts“. But let’s take the stilts away and consider rights in their ordinary sense. They furnish not only arguments before courts, but reasons for going to war and toppling whole regimes. As Israeli historian Yuval Noah Harari points out in his recent book:
No one was lying when, in 2011, the UN demanded that the Libyan government respect the human rights of its citizens, even though the UN, Libya, and human rights are all figments of our fertile imaginations.
So, might the author have added, are “citizens”, since in a reality without cities and states, it is a non-sequitur to talk of citizens. Continue reading
Businesses, governments and civil society descended on Geneva last week for the 2014 UN Forum on Business and Human Rights, the largest global gathering in the business and human rights field. There were lofty statements of high ambition but the pervasive tone and success of the Forum was more prosaic: nitty-gritty implementation.
It was a conference dedicated to developing and sharing the best practices capable of shifting businesses from showcase philanthropy to real accountability, from vague aspirations to measurable impacts, and from a race to the bottom to a competition to be recognised as world leading. It was a call for real action; as one panel moderator told his coffee-clutching audience early on Day 3: “I want to see dust on everybody’s shoes”.
Implementation of what? Continue reading
In his lecture to the Administrative Law Bar Association earlier this month, Lord Sumption surveys the concept of “anxious scrutiny” – a judicial method which he characterises as a forerunner to the principle of proportionality. The term was actually coined by Lord Bridge in Bugdaycay (1986), and was meant to apply where the rights engaged in a case were sufficiently fundamental, and stretched the traditional “Wednesbury” test to public authority decisions or actions which were not, on the face of it, irrational. (The citation given in the PDF of the speech incidentally is incorrect). The same way of thinking had been arrived at in the US courts a few years earlier, with their “hard look” doctrine, but to Lord Sumption there was something peculiarly English about the “crab-like” way in which our courts approached and eventually acknowledged this doctrine, hitherto alien to the judicial toolbox.
But if we apply anxious scrutiny to the doctrine itself, Sumption suggests, it raises more questions than it answers. Continue reading
In his speech at yesterday’s Conservative Party conference, the Prime Minister confirmed that the party’s 2015 election manifesto will include a commitment to repeal the Human Rights Act 1998 (HRA) and replace it with a “British Bill of Rights”. Last night, however, The Scotsman newspaper quoted a Scotland Office spokesman as saying that the change would not apply in Scotland. According to the article, the spokesman “confirmed that human rights legislation is devolved to the Scottish Parliament because it was ‘built into the 1998 Scotland Act [and] cannot by removed [by Westminster].’” As reported, this statement is seriously misleading. However, it does highlight genuine difficulties that devolution creates for the implementation of plans to reform human rights law. Continue reading