What is in Kelvin's Head?

  • For Baghdad, for Beiruit, for Paris

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    On the day of the 9/11 attacks, I was in Paris. At just about the time of the 9/11 attacks I was in the Louvre, looking at this icon. I had specifically flown there to see it on a very short overnight stay in the first madness of cheap Ryanair flights when you could just decide you were going to Paris to see an icon.

    The icon iteself is fairly well known. They use it in Taize and it is often called “The icon of friendship”, the narrative being that Jesus has his arm around a fellow traveller who walks the road beside him. It is in fact St Mina whom Jesus has his arm around and I like to remember him by name as he is a patron of those who travel. The icon comes from the middle east (from Egypt) and in modern times is one of those things which unites Eastern and Western eyes.

    Remembering standing in front of it in Paris and later learning of the 9/11 attacks, it seems an appropriate thing to post today after a day of terror in Beirut, Baghdad and Paris.

    I’ve seen several grumpy posts on twitter going on about the wave of “meaningless” religious posts that we will see online. People angry at what they see as empty gestures.

    The desire to hold a place or a people or a person or a situation in one’s heart seems to me to be a more human thing than a religious thing – it is in fact what unites us rather than something that divides us.

    And yes, on one level the posts may seem banal to some. But holding someone’s hand or putting an arm around a shoulder could be seen as banal and meaningless too. Yet it is all we can do sometimes and what we need to do.

    Today I’m thinking of that icon in that city and the other cities which suffered yesterday which are not at the forefront of our minds because somewhere inside we believe sudden violence is more normal there. I’m thinking of the hands held, the shoulders embraced. The weeping, the grieving and the dying.

    The people of Paris have the right to peace. So do the people of Beirut and Baghdad. But that is perhaps for another day. Today the arm around the shoulder; the affirmation that we walk this world together.

    Politics later.

    Eternal God
    For Paris, for Beirut, for Baghdad.
    For the grieving, for the dead and for the wounded.
    For a world united.
    Amen.

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    Reply
    1. kelvin Avatar
      kelvin

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

      Reply

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