Human Rights - 11 real-life examples

Adam Wagner, of UK Human Rights Blog fame, has a new project: the Human Rights Information Project. The aim of the project is to ‘change the face of human rights’ and counteract poor public understanding of human rights. 
Adam has asked people to nominate upto fifty human rights cases by 5pm today.  The criteria are that the case must be a domestic or European human rights case, and it must have had a ‘profound impact on people in the UK’ or have the potential to do so.

Here's the eleven I submitted:

1. Regina v Brown and others [1992] UKHL 7 (11 March 1993)

An imperfect case in many ways but the first which made me seriously consider the dividing line between the rights of the state and the rights of the individual with respect to an individual's own body. A group of homosexual sadomasochists met in private for what they considered to be fun but the courts considered malicious wounding.

  

2. Tyrer v. The United Kingdom (5856/72) (25 April 1978)

R v Brown was concerned with the individual's wish to abuse his own body. This case concerns the state's wish to abuse his body. A 15 year old on the Isle of Man was sentenced to three strokes of the birch, a punishment which the ECHR ruled amounted to degrading punishment within the meaning of Article 3

3. A (FC) and others (FC) (Appellants) v. Secretary of State for the Home Department (Respondent) (16 December 2004)

After 9/11 the government took power to detain indefinitely on reasonable suspicion without charge or trial “ suspected international terrorists”. The House of Lords ruled that the state had effectively ordered arbitrary detention without trial and did so on a discriminatory basis contrary to ECHR Articles 5 & 14.

4. Young, James and Webster v. The United Kingdom (7601/76) (13 August 1981)  
The ECHR found breach of Article 11 (right to [not] join trade unions) with respect to closed shop agreement at British Rail upholding the rights of the individual over the majority.

5. P., C. and S. v. The United Kingdom (56547/00)  (16 October 2002)

The ECHR found breaches of Articles 6 (fair hearing) and 8 (respect for family life) in respect of a child removed from its mother at birth and giv en up for permanent adoption.

6. Z and others v. The United Kingdom (29392/95) (10 May 2001) 

The ECHR found breaches of Articles 3 (inhuman or degrading treatment) and 13 (effective remedy) in respect of social services failure to protect children from neglect amounting to inhuman treatment.

7. Mcshane v. The United Kingdom (43290/98) (28 August 2002)
The ECHR found breaches of Articles 2 (right to life) and 34 (interference in due process) in respect of the death of a civilian caused by negligent or intentional action of a soldier in Londonderry.

8. P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents) etc (19 March 2014)

The Supreme Court ruled deprivation of liberty in two cases of mentally incapacitated individuals living in warden-controlled restricted housing.

9. Hatton and others v. The United Kingdom (36022/97)  (8 July 2003)
Night flights at Heathrow increased. ECHR approved consultation process and found no breach of Article 8 (respect for home and family life) but breach of Article 13 (remedy). The ECHR's approach involved examining UK procedure, not second-guessing outcome.

10. Bull and another (Appellants) v Hall and another (Respondents)  (27 November 2013)

 Christian hoteliers refused double bed to same-sex couple in civil partnership. Convention Articles 9 (religious freedom), Article 14 (discrimination) and Article 8 (private life) were considered by the House of Lords finding against the hoteliers and in favour of the couple.

11. R (on the application of Laporte) (FC) (Original Appellant and Cross-respondent) v. Chief Constable of Gloucestershire (Original Respondent and Cross-appellant) (13 November 2006)
Three coachloads of anti-war protestors turned away to prevent breach of peace. House of Lords found breaches of Articles 10 (Freedom of expression) & 11. (Peaceful assembly).
The Human Rights Act 1998 established right to assemble & protest, proper test of police action was imminence of breach of peace and necessary restrictions not reasonableness of response.

Greens are planning to play also

According to a posting today on the East Hampshire Green Party's FaceBook page, they will be fielding a candidate in May but they haven't finished selecting one yet.

No rush chaps, still two whole months to go.

Kingsley Parish Council 26th February 2015

Kingsley Parish Council meet on Thursday, 26th February 2015 in the Kingsley Centre at 7.30pm.

AGENDA

1. Chairman’s Opening Remarks
2. Apologies for Absence
3. Declarations of Personal/Prejudicial Interest
4. Public Question Time: Public Questions
Consideration of agenda items which will be open to public participation

5. Approval of Minutes of the Meeting held on 22nd January 2015
6. Matters Arising
7. Planning Applications
Applications ongoing:

27396/047 Old Park Farm, Main Road, Kingsley, Bordon, GU35 9LU
Retention of a B8 storage unit and conversion of stable block to B8 storage

30633/026 Groomes Farm, Frith End Road, Frith End, Bordon, GU35 0QR
Ancillary building for events associated with existing hotel, together with landscaping, parking, works (including waste water treatment plant) and retention of Frith End Quarry Haul Road for access to the site and hotel

55587/001 Land at and adjoining Bordon Garrison, Bordon
Proposal: Hybrid Application - (1) Outline (with some matters reserved) for the demolition of MoD buildings and redevelopment of Bordon Garrison and adjoining Land for: Up to 2400 dwellings, Town centre 23000 sq meters (Gross) commercial floor space to incorporate a range of uses including shops/offices, cafes/restaurants, Care/nursing home, Transport interchange, Food store up to 5000 sq metres, Swimming pool/gym of up to 3000 sq metres gross, Secondary and Primary schools with sports pitches and parking areas.

New application:
55977 3 Cradle Lane, Frith End, Bordon, GU35 0QT
Single storey rear extension with accommodation in roof, following demolition of previous extension

Report on new chimney in the Kingsley Business Park

8. St Nicholas Cemetery & Cemetery Chapel
To receive an update from Cllr Pearson
To consider instructing R Croft to undertake the repair work in St Nicholas Chapel to prevent water ingress, to be paid for as agreed with the Insurance Company subject to an excess of £250
to be paid by the Parish Council

9. Transport, Highways and Road Safety
To receive an update from Cllr Rigden
To consider expenditure of £200 to fund the ballot to determine the preferred name for the B3004 road through Kingsley (Main Road or Forge Road)

10. Commons, Village Greens and Rights of Way
To receive an update from Cllr Rigden
Upper Green:
To consider engaging the District Valuer at a fee of £1,000 to provide an estimate of the value of the Parish Council owned land needed for the access to the Piggery development.
To consider the quotation of £280.00 from Peters Chivers for mole control at Upper Green and the allotments site

11. Community Resilience
12. Environment and Biodiversity
13. Kingsley Village Forum   
14. Housing, Business & Commerce
15. Communications
16. District Councillor
17. Procedures, Finance and Payments
Payments to be made & Accounts to accept

    Date of Next Meeting of Kingsley Parish Council -
       Thursday 26th March 2015 - 7.30 pm at the Kingsley Centre 
      

A very public hanging

Before embarking upon the detail of this particular jotting, I should point out, for the benefit of honesty the following is anecdotal. All off my previous editions have been from personal experience and or memory. This edition is based upon a conversation which I recently had with my brother Robin and involves the creation of the, then, new sports pitch. Since I have never had any interest in sports in general and ball games in particular the creation of a new pitch would have had little or no interest for me at all. It, therefore, follows that I had no involvement or connexion with the village sports community so, I guess that is probably why the following had passed me by.
Having written the above I am aware of the fact that, for reasons entirely unknown to me, it was considered necessary for the village to have a new sports field/pitch. I don’t have a date as to when these matters occurred but with most things in village life there will, undoubtedly, be a record in the local newspapers.


So, it would appear from my information, that a need for a new sports field had been identified by Kingsley sportsmen. It was, of course, men only in those days. Well as far as I can establish the search for such a pitch began and eventually an area of land on the common was identified as being suitable. That area was beyond the pond on a bit of a plateau below Fir Hill, probably a couple of hundred yards or so up the track, which in those days, ran behind the pond off the outer road around Ockham Hall. I have no idea if the pitch/sports field still exists.


Well as with many things in village life, the creation of the sports field did not meet with universal approval. I am informed that one Mr. Inwood, mentioned in a previous article, was one of the leading opponents of the proposed scheme. Mr. Inwood, was at the time employed as a sort of Land Agent by the military and had responsibility, I seem to recall, for several areas of military land in the region. These included the Frensham Pond areas, Kingsley, Shortheath, Whitehill and Longmoor etc.. What exactly his duties were I have no idea. Whatever they were, the thought of a football pitch being located right in the middle of Kingsley Common, was, I am told like a red rag to a bull and went down like the proverbial lead balloon as far as he was concerned.


In any event, as is often the case in such matters, both sides of the argument became entrenched and things got a little unpleasant. Details of the various positions and debates are not to hand so I am unable to place them before you. Suffice to say, the pro pitch lobby won the day as the area was cleared, seeded and goal posts erected. I well remember much of the process of the construction of the pitch as, I think, local enthusiasts did most of the work during weekends. Before all of this came to pass it was not without a degree of unpleasantness. Persons, unknown, involved with the pro camp actually went to the extent of erecting a set of gallows on or quite near to the site of the pitch. Once erected, it appears they created an effigy of Mr. Inwood and hung him high, for all to see, from the gallows. Most unsporting you might think. Clearly Mr. Inwood felt so, as the story goes, when he became aware of the this monstrous act he took it upon himself to smash down the offending structure. I am told that from thereon the sporting community of the village in the pro pitch camp labelled Mr. Inwood as "gallows buster" Inwood. My brother still remembers him as such to this day. Unless you know otherwise this is probably the nearest Kingsley got to a public hanging.

20mph Alton

TRAFFIC ORDER PROPOSALS – AMENDMENTS TO WAITING RESTRICTIONS AND 20MPH SPEED LIMITS AT ALTON

Highways – Permanent Traffic Order Notices from Hampshire County Council in East Hampshire area.
EFFECT OF ORDERS :     
Order 1 – will impose 20mph Speed Limits (existing 30mph) as follows:
(i)  Ackender Road between its junction with Lenten Street and a point 12 metres south thereof (as measured from the southern kerb-line of that junction).
(ii)  Basingstoke Road between its junction with Lenten Street and a point 6 metres west thereof.
(iii)  Chauntsingers Road between its junction with Church Street and a point 17 metres east thereof (as measured from the western kerb-line of that junction).
(iv)  Greenfields Avenue between its junction with Old Odiham Road and a point 17 metres west thereof (as measured from the western kerb-line of that junction).
(v)   Normandy Street between its junction with Church Street and its junction with Orchard Lane, an approximate distance of 166 metres.
(vi)   Old Odiham Road between its junction with Church Street and a point 52 metres north-west of its junction with Aldersey Fields, an approximate distance of 593 metres.
(vii)  Spitalfields Road between its junction with Old Odiham Road and a point 28 metres east thereof (as measured from the eastern kerbline of that junction).
(viii)  The Cooperage between its junction with Lenten Street and a point 11 metres south thereof (as measured from the southern kerb-line of that junction).
(ix)   Vicarage Hill, between its junction with Amery Street and its junction with Church Street an approximate distance of 221 metres.
(x)   Victoria Road between its junction with Normandy Street and a point 10 metres north thereof (as measured from the north-western kerb-line of that junction).
(xi)  Westbrooke Road between its junction with Lenten Street and a point 9 metres south thereof (as measured from the southern kerb-line of that junction).
The following roads, for their entire lengths (as measured in metres):

(xii)	Aldersey Fields	114	(xiii)	Amery Street/Amery Hill	415
(xiv)	Church Street	250	(xv)	Oliver Rise	66
(xvi)	Nether Street	20

Order 2 – the addition of the following waiting restrictions to The Hampshire (Various Roads, East Hampshire) (Parking Places and Prohibition of Stopping, Waiting, Loading / Unloading and Clearway) Consolidation Order 2012 as specified:
(A)  No Waiting at Any Time – to be added to Schedule 2
Ackender Road , both sides - between its junction with Lenten Street and a point 10 metres south thereof.
Greenfields Avenue , north side – between its junction with Old Odiham Road and a point 63 metres west thereof.
Greenfields Avenue , south side – between its junction with Old Odiham Road a point 59 metres west thereof.
Lenten Street, south side – between a point 18 metres west of its junction with Ackender Road and a point 12 metres east of that junction.
Old Odiham Road , west side:
(i)  between its junction with Amery Hill and a point 109 metres north thereof.
(ii)  between a point 153 metres north of its junction with Amery Hill and a point 379 metres north of its junction with Greenfields Avenue.
Old Odiham Road , east side:
(i)   between a point 17 metres south of its junction with Spitalfields Road and a point 17 metres north of that junction.
(ii)  between a point 44 metres north of its junction with Spitalfields Road and a point 160 metres south of its junction with Aldersey Fields.
Spitalfields Road , north side – between its junction with Old Odiham Road and a point 32 metres east thereof.
Spitalfields Road , south side – between its junction with Old Odiham Road and a point 32 metres east thereof.
(B)  No waiting, Monday to Saturday, 9.00am to 6.00pm – to be added to Schedule 8
Lenten Street, south side – between a point 12 metres east of its junction with Ackender Road and a point 27 metres west of its junction with Amery Street.
(C)  No stopping on school keep clear markings. Monday to Friday 8.00am to 5.00pm – to be added to Schedule 21
Old Odiham Road, west side – between a point 109 metres north of its junction with Amery Hill and a point 44 metres north of that point.
FURTHER DETAILS :  A copy of this notice, the proposed orders, maps showing the location and effect of the proposals, a statement of reasons and relevant extracts from the orders to be varied / revoked may be viewed at the documents attached to this notice or inspected during the usual office hours at the following places:
(i)    Alton Library, Vicarage Hill, Alton (Opening hours : Mondays, Fridays and Saturdays 9.30 – 5; Tuesdays and Thursdays 9.30 – 7)
(ii)   Council Offices, Penns Place, Petersfield (Opening hours ; Mondays to Fridays 9 – 5)
(iii)  Hampshire County Council Headquarters, The Castle, Winchester, SO23 8UJ (Opening hours : Mondays to Thursdays 8.30 – 5.15; Fridays 8.30 – 4.45)
OBJECTIONS :   All objections and other representations in respect of these proposals must be sent in writing to the undersigned quoting reference :- C739&A936/MB by 6 March 2015.  All objections must state the grounds on which they are made.  Persons wishing to make objections or other representations are advised that in the order-making process, objections or other representations may become publicly available and therefore the names and addresses of those persons making objections or other representations may also be made publicly available.
TITLE : The orders, if made, will be known as:
Order 1: “The Hampshire (Various Roads, Alton) (20 Miles Per Hour Speed Limit) Order 2015.”
Order 2 : “The Hampshire (Various Roads, East Hampshire) (Parking Places and Prohibition of Stopping, Waiting, Loading / Unloading and Clearway) Consolidation Order 2012 (Variation No. 11) Order 2015”.
STUART JARVIS, Director of Economy, Transport and Environment, The Castle, Winchester, SO23 8UD, email: public.notices@hants.gov.uk

A325 overnight closure 27 Feb 2015

As part of the programme of works being undertaken by Operation Resilience we will shortly be undertaking carriageway resurfacing on A325 Farnham Road from 80 metres south of High Thicket Road for 180 metres further south. The works are programmed to be carried out on Friday 27 February 2015 and are expected to last for 1 night. In order to undertake the works safely it will be necessary close the road to through traffic overnight between 20:00 – 06:00hrs. The road will be open during the day.

Information signs advising road users of the works will be erected before the start of works. A letter will be sent to local residents and an email will be sent to East Hampshire District Council and Kingsley Parish Council to advise them accordingly.

Should you have any questions or require further information please contact the Operation Resilience team on 01962 813063 or email operation.resilience@hants.gov.uk