What is in Kelvin's Head?

  • Statement on Transgender Day of Remembrance 2019

    Earlier this year, someone was convicted in Glasgow Sheriff Court of sending me threatening and abusive messages. The offence was found to be aggravated by prejudice related to both sexual orientation and transgender identity. Someone had threatened my life, and my own association and support for trans people was one of the reasons for the prejudice and one of the reasons that the court and the police took the offence as seriously as they did.

    Whilst it was unpleasant having to deal with that incident, I’m well aware that it was the one time in my life when I’ve seriously suffered myself from prejudice against people with a trans identity. Those who are trans have to deal with this prejudice every day as they make their way through life. Such prejudice seems to have become more vocal and confident recently.

    My own limited and partial experience of dealing with this is one factor in why I am prepared to stand alongside those who mark today as the Transgender Day of Remembrance. Violence and prejudice against people is wrong. Trans people are simply people. Prejudice and violence against trans people is simply wrong.

    However, in stating that I stand alongside trans people in remembering that they suffer from violence and prejudice, I also am reminded that as I stand alongside trans people I stand alongside people whom I’ve known to be creative, brave, funny, interesting and whole. I know and have worked with trans priests and admire them. My own congregation includes trans people with all kinds of diverse experience who are not simply defined by their trans identity. When I think of them, I think of people who make the world a better place.

    The world will be a better place when violence against anyone because of their identity is eliminated.

    Remembering trans people whose lives have been taken from them, I lament their loss and pray that they may rest in peace and rise to make heaven more glorious.

    Remembering trans people who are alive, I thank God for them and pray that their lives may be filled with joy.

    [Comments on this post will be moderated]

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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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