What is in Kelvin's Head?

  • Coping with horror

    I don’t mean how does the country deal with terror attacks. I mean how do we cope with news coming onto our screens that contains horrific events.

    There have been a number of news items this week which have just been horrible. The suicide of a right-wing activist next to the altar of Notre-Dame Cathedral in Paris. A feminist protest the next day in which a “mock suicide” was staged in the same place in the same cathedral. The continued terror attacks in Iraq – bombing after bombing. And now this ghastly murder on the streets of Woolwich.

    How do we cope with hearing these things without becoming brittle? How do we cope with these things without becoming desensitized to the horror of what we see?

    There are obvious political moves that are needed, such as the condemnation of those who would make capital out of such horror and try to use it to bring hate to the streets. The resurgence of the far-right, particularly in the south of England is a frightening reality in itself. But how to cope as a human being with hearing stories of horror?

    Here’s some ideas for trying to live with it all:

    • Don’t block out the news, try to take it in. But don’t sit listening to the endless repeated loops of 24 hour news stations.
    • Read the opinions of those with whom one does not immediately agree.
    • Know that the answers cannot always be found merely in words and thoughts – music and art and religious practice can be places where answers are to be found.
    • Remember that faith and history teach us that horrific murders have always been part of human experience and remember that this does not excuse them.
    • Try to judge people by their ideals rather than by one’s own fears.
    • Be kind. Use bad news as a reminder to be kind.
    • Pray for the peace of the streets and remember those whose vocation is keeping that peace.
    • Write. Talk. Discuss. Listen. Understand. Act justly.
    • The only acceptable revenge is living well.
    , ,

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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