• It was 30 years ago today…

    It seems extraordinary to me that it is thirty years since I stood with others in Deans Yard in London outside the meeting of the General Synod of the Church of England waiting for news.

    It was a long day and one that many had worked towards tirelessly, for many years.

    It was the day that the Church of England finally decided that women should be ordained to the priesthood.

    Well, I say that people had worked tirelessly towards that day but the reality was that many were extremely tired. Women had been ordained deacons some years before and were waiting to find out whether their vocations to priesthood would be affirmed or rejected simply on the basis of their gender. There were cruelties along the way. There was a great deal of abuse along the way and some people were just plain exhausted by the time the vote came.

    Thias was the only period of my life when I ever was connected with the Church of England for any time. I was working in the chaplaincy of the University of London at Mile End, whilst pursuing ordination in the Scottish Episcopal Church. I was in the Church of England but not of it and the Scottish Episcopal Church was engaged in the very same conversation.

    In England, the Movement for the Ordination of Women was the organisation which was pushing for change. In Scotland it was the Movement for Whole Ministry that was rallying the troops. In theory at least, the Movement for Whole Ministry did not see its purpose as being solely about the ordination of women. The idea at the time was that once it had got that priority out of the way, then attention turn to other matters. In the event, once women were ordained in the Scottish Episcopal Church and the focus moved to issues surrounding same-sex couples, the Movement for Whole Ministry shut itself down rather than take up that cause – the first time that I realised that not all ordained women were going to be helpful on LGBT issues, something that remains strikingly clear in the Church of England even today.

    That’s worth coming back to on another day but today isn’t the day to linger on it, for my mind keeps going back to Dean’s Yard. In any case, progress for LGBT causes would be unimaginable without the fundamental assertion of feminism that people should be treated equally.

    From that day in November in Westminister, I can remember the agony of so many women whom I knew as they were waiting for news. The result when it came was not a foregone conclusion.
    For me, today is a day of rejoicing in the gifts of so many astonishing priests that the churches would not have had if those decisions had not been made in those years. I think of the weddings blessed, the mourners comforted, the hundreds of thousands of communicants who have been fed and nourished by the ministry of women who have been ordained in the years since. These things are impossible to quantify; love and grace in ministry, so wide and broad and deep that it cannot be measured.

    I remember with thanksgiving those who were pioneers. And I remember today that only so many battles have been won. Ordained women often get abuse in the streets when in clerical wear even now, younger women being particularly targetted. And women still don’t have parity of opportunity either in secular environments or in ecclesiastical ones.

    There are battles still to be won. But thank God for progress when it comes. And thank God for the decision made 30 years ago today.

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!”

    1. kelvin Avatar

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

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