Barbara Hewson, barrister, Hardwicke

The right to remain oppressed

  • Print
  • Comments (3)

Readers' comments (3)

  • Overall I think we are better off with the Human Rights Act (and the ECHR) than not, as often there is literally no mechanism to challenge incursions of state power by 'disciplinary power'. However, I absolutely agree with the author that - especially in the Court of Protection - human rights can be used as tools of social control. This is an element of excellent critiques of rights by authors such as Duncan Ivison and Souter, who writers:
    'The idea that human rights are intrinsically emancipatory derives from an unrealistic and narrow understanding of power. Once this is swept away, we can appreciate that they are inextricably bound up with its operation. Human rights act as ‘conduits’ for relations of power, regulation, or even domination.'

    Unsuitable or offensive? Report this comment

  • One wonders what, precisely, is the argument here?
    That E would not have been treated in this way pre-HRA?
    Or that the HRA/European Convention should be strengthened by removing any proportionality analysis from assessment of alleged infringements?
    Or that much of human rights law involves assessing the limits (justifiable or otherwise) of the rights protected in the relevant human rights document? Quelle suprise.

    Unsuitable or offensive? Report this comment

  • The quote from me comes from Spiked: "The Human Rights Act: a crime against liberty"

    See: http://www.spiked-online.com/site/article/10137/

    For other articles that I've written on Spiked see: http://www.spiked-online.com/index.php?/site/author/Jon%20Holbrook/

    Unsuitable or offensive? Report this comment

Have your say

Mandatory Required Fields

Mandatory

Comments that are in breach or potential breach of our terms and conditions in particular clause 8, may not be published or, if published, may subsequently be taken down. In addition we may remove any comment where a complaint is made in respect of it. These actions are at our sole discretion.

  • Print
  • Comments (3)