What is in Kelvin's Head?

  • From Criminality to Equality

    I think this is one of the moments in the debates on marriage where there’s more wisdom to be heard in one speech made well than in acres of newsprint trying to analyse the vote in the House of Commons last night.

    Here’s David Lammy giving it his all.

    Let me speak frankly.

    “Separate but equal” is a fraud.

    “Separate but equal” is the language that tried to push Rosa Parks to the back of the bus.

    “Separate but equal” is the motif that determined that black and white could not possibly drink from the same water fountain, eat at the same table or use the same toilets.

    “Separate but equal” are the words that justified sending black children to different schools from their white peers – schools that would fail them and condemn them to a life of poverty.

    It is an excerpt from the phrasebook of the segregationists and the racists.

    It is the same statement, the same ideas and the same delusion that we borrowed in this country to say that women could vote – but not until they were 30.

    It is the same naivety that gave made my dad a citizen in 1956 but refused to condemn the landlords that proclaimed “no blacks, no Irish, no dogs”.

    It entrenched who we were, who our friends could be and what our lives could become.

    This was not “Separate but equal” but “Separate AND discriminated”,

    “Separate AND oppressed”.

    “Separate AND browbeaten”.

    “Separate AND subjugated”.

    Separate is NOT equal, so let us be rid of it.

    Because as long as there is one rule for us and another for them, we allow the barriers to acceptance to stand unchallenged.

    As long as our statute books suggest that the love between two men or two women is unworthy of being recognised through marriage, we allow the rot of homophobia to fester.

    And then again at the end:

    The Jesus I know was born a refugee, illegitimate, with a death warrant on his name in a barn among animals. He would stand up for minorities. That is why it is right for people of religious convictions to stand up for this bill.

    There’s a longer version of the speech (which he would have given if he had been given more time) on his website.

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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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