The right to remain oppressed By Matt Byrne 15 April 2013 00:00 17 December 2015 13:49 Sign in or register to continue reading. It's FREE Sign in Email Password Keep me logged in Forgot your password? Not registered? It's FREE! Register now Register with The Lawyer Lucy Series 16 April 2013 at 09:31 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.’ Reply Link Sam G 16 April 2013 at 09:37 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. Reply Link Jon Holbrook 16 April 2013 at 16:02 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/ Reply Link Name Email Cancel reply Threaded commenting powered by interconnect/it code.