What is in Kelvin's Head?

  • Congratulations to Isaac Poobalan and St John’s, Aberdeen

    Great blessings upon the Rev Isaac Poobalan and St John’s Church in Aberdeen for the story that has gone global from the Scottish Episcopal Church this week.

    Noticing that the neighbouring mosque did not have enough room and that people were praying outside in the cold, Isaac invited them into the church and made space for them to pray. It is a great good news story and one that made me proud to be an Episcopalian.

    A couple of years ago I was approached by some members of the committee of the local mosque here. Their building was being redone and was out of use for six weeks and they were looking for somewhere to worship for that time. We had quite a good conversation about whether or not they could worship in a church with so many images in it. However, they assured me that was not a problem with them and we discovered a shared story in that of Jibreel and Myriam (which is painted on the wall and known as Gabriel and Mary in St Mary’s). In the end, the mosque committee found somewhere else to use where they could all meet together – St Mary’s was difficult for them because the pews couldn’t be moved.

    However, I willingly offered them space and would have been glad to welcome that community into church.

    I was also pleased to invite a Muslim friend to read from the Qu’ran at our Carol service two years ago.

    It was good to see St John’s Episcopal Church, Aberdeen offer the welcome to the Muslim community that they have done.

    I see from newspaper reports that Isaac is now getting vile abuse written about this story via facebook.

    Sometimes there doesn’t seem much to be proud of in the church. This story made me feel proud to be a Scottish Episcopalian. Isaac and that congregation deserve all our support and encouragement and love.

    Peace and blessings be upon them.

    And upon their new Muslim friends too.

    Further Comment from Scottish Episcopal Bloggers:

    From Kirstin Freeman – http://revk.wordpress.com/2013/03/21/generosity-in-action/

    From John Penman – http://www.dougalthink.blogspot.co.uk/2013/03/examples-of-grace.html

    On Beauty from Chaos – http://beautyfromchaos.wordpress.com/2013/03/22/breaking-barriers/

    From Rosemary Hannah – http://rosemaryhannah.wordpress.com/2013/03/22/isaac-poobalan-real-christianity-and-real-islam/

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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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