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Posts tagged human rights
Urgent and long overdue: legal reform and drug decriminalisation in Canada

By Matthew Bonn, Chelsea Cox, Marilou Gagnon. et al.

The International Guidelines on Human Rights and Drug Policy recommend that States commit to adopting a balanced, integrated, and human rights-based approach to drug policy through a set of foundational human rights principles, obligations arising from human rights standards, and obligations arising from the human rights of particular groups. Following two years of consultation with stakeholders, including people who use drugs, NGOs, legal and human rights experts, UN technical agencies and Member States, the Guidelines “do not invent new rights. Rather, they apply existing human rights law to the legal and policy context of drug control to maximise human rights protections, including in the interpretation and implementation of the drug control conventions.” In respect of the Guidelines and its obligations under UN human rights treaties, Canada must adopt stronger and more specific commitments for a human rights-based, people centered and public health approach.3 This approach must commit to the removal of criminal penalties for simple possession and a comprehensive health-based approach to drug regulation.

Ottawa, ONT: Royal Society of Canada, 2024. 52p.

"Blasphemy" in Schools : Self-Censorship and Security Fears Amongst British Teachers

By Damon L. Perry

In Britain, no one has the right not to be offended. Words or actions that are taken by some as offensive – whether they relate to religion, sexuality or race – are not criminal as long as they are not intentionally hostile and meant, or likely, to incite hatred. The statutory guidance on Non Crime Hate Incidents, revised in March 2023, is consistent with the law in this regard. It states: “Fundamentally, offending someone is not, in and of itself, a criminal offence. To constitute an offence under hate crime legislation, the speech or behaviour in question must be threatening, abusive or insulting and be intended to, or likely to, stir up hatred”. Yet, this does not seem to be fully acknowledged in Britain’s schools. As this revealing survey of over a thousand teachers from YouGov and Policy Exchange demonstrates, since the Batley Grammar School protests, a small but significant proportion of British teachers have self-censored to avoid offence on religious grounds – 16%. (That proportion is slightly higher for teachers of certain subjects, including almost a fifth of all English teachers and art teachers – 19%). In areas with the largest Muslim populations, around 10% fewer teachers do not self-censor than those in areas with the smallest Muslim populations. A worrying proportion believe that – regardless of a teacher’s intentions – images of the prophet Muhammad should never be used in classrooms, even in the teaching of Islamic art or ethics: In addition to the 55% of teachers that would not personally use an image of Muhammad independently from the Batley Grammar School protests, an additional 9% said they personally were less likely to use it as a result of the events in Batley. The case of the teacher at Batley Grammar who went into hiding after death threats thus appears to have had a significant impact on teachers’ confidence and willingness to use materials that fall within the scope of the law. Alarmingly, half of British teachers believe that if blasphemy-related protests led by activist and advocacy groups occur outside their schools, there would be a risk to their physical safety. Despite most teachers thinking that headteachers get the balance right – between supporting them to use materials that are on the right side of the law but which might offend, and ensuring no offence is caused – they are clearly in need of greater confidence in the support they can expect from their headteachers and, in the case of activist-led protests outside their school gates, the police. Recent events have given further impetus to concerns regarding the physical safety of teachers and the security at schools. On 13 October, 2023, in Arras, France, a literature teacher, Dominque Bernard, was killed in a knife attack; the suspect, an Islamist extremist, was looking for teachers  of history or geography. The case has been compared to that of Samuel Paty, the teacher who was killed three years ago by an Islamist extremist for showing cartoons of Muhammad to a class on freedom of expression. Both teachers have been described by President Macron as champions of the values of the French republic. Although this tragic incident took place across the Channel, France’s battle with Islamist extremism is one shared with the UK. Closer to home, in the wake of the Hamas terrorist attacks on hundreds of civilians in Israel on 7 October, protests on the streets of the UK against Israeli reprisals in the name of the Palestinian “resistance” have demonstrated alarming levels of hateful extremism and antisemitism.5 Some Jewish schools were forced to close on 13 October, when Hamas called for a “Global Day of Jihad”, and several Jewish schools were vandalised with red paint. The atmosphere has been fraught. The Department for Education wrote to school leaders “to ensure that any political activity from pupils in response to the crisis does not create an ‘atmosphere of intimidation’”  etc.

London: Policy Exchange, 2024. 51p.

Journeys to freedom? Post-rescue ethnography of bonded labourers and sex workers in India

By Pankhuri Agarwal.

Working with a simplistic notion of release from bondage as “freedom”, mainstream anti-trafficking activists focus on rescue. They argue that victims of trafficking are “free” once removed from their employers. Critics contest this approach and argue that significantly less attention is paid to the role of the state and the NGOs in producing conditions due to which people remain vulnerable. This research lends empirical support to this critical position through a multi-sited ethnography of informal migrant workers, sex workers, and law enforcement officers, traversing through courtrooms, police stations, district welfare offices, worksites, shelter homes, and offices of NGOs, in New Delhi, India. It corroborates that the authority of law is compromised ‘on ground’ and is actively negotiated within the legal space of anti-trafficking efforts. Instead of being instantly transported to “freedom”, the workers end up in protracted legal proceedings, ranging two to thirty-seven years, to seek justice and rights. Their rights are neglected due to a Kafkaesque bureaucracy. Their mobility is restricted due to improper documentation. Their suffering is intensified through an evasive legal system. The result – arbitrary, unjust legal outcomes after an endless wait and dependence on intermediaries. In fact, their journey through the system, with cost and time overruns, has no direct or precise chronology, and often moves in a circle rather than reaching an end. The workers resemble the class of people that Denise Ferreira da Silva (2009) describes as “nobodies”. They continue to struggle to achieve the rights and recognition that would allow them to escape this status. The combination of empirical data, doctrinal analysis, and socio-legal theory in this research provide an insight on the harm and limits of the anti-trafficking discourse with reference to India.

Bristol, UK: University of Bristol, 2021. 233p.