What is in Kelvin's Head?

  • Overseas Links – some questions

    Lots of churches have overseas links. Individual churches, dioceses, even whole provinces of the Anglican Communion often have links to places far afield. They are sometimes successful, sometimes not. But they are often built on the curious last century notions that relationship depends upon physical contact and that travel is easier than communication.

    Of course, the world has changed.

    So what would international links between churches look like if we took as our starting point the modern world with all its potential and did not simply base our expectations on Victorian (colonial?) ideas of partnership?

    Firstly, I don’t think it is about doing it all online and never travelling. It is probably both/and rather than either/or. (Isn’t it always in our lovely postmodern world?)

    Secondly, I think we might expect relationships to be shorter in length rather than longer. What if we decided to twin our diocese to another for a short period – Lent, say. And what if we got the geeky ones to do it by arranging for skype video or google hangouts. How about a small group from one church meeting with a small group from another church on the other side of the world for a Lent study group rather than the dreary weariness that can characterise such groups if we keep doing them the same way with the people from round the corner every year? Or what if clergy from matched churches just got together once a week for an hour’s coffee and a chat – boiling the water thousands of miles apart but sitting down to chat through what their week was like, peer to peer, distance no object? Bible study, coaching, chat and gossip are all possible. They feed off one another anyway.

    Thirdly, I’ve been learning recently not to underestimate time differences when doing real-time stuff in the interconnected world we now live in. However, I’ve also been learning not to be defeated by it.

    Fourthly, would doing this kind of thing disenfranchise those who don’t do internet stuff? Oh yes, but then the need to travel to do linking work used to disenfranchise far more people who couldn’t, wouldn’t, shouldn’t travel or indeed, those who just couldn’t raise the money to go.

    Finally, it is worth asking the question whether this kind of linking would be better organised formally in a structured way or simply to just let it happen in a kind of free for all environment? (And is it either/or or both/and, once again).

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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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