In the UK our “human rights” are specific; they’re defined in the European Convention on human rights now written into UK law as Human Rights Act.  They’re often misunderstood.  Sometimes they protect unpopular people and are criticised. But they’re best thought of as specific protections against an over-powerful state.

Human rights

1. Right to Life (don’t kick people to death in the cells. This is a right not to be unlawfully killed by an agent of the state. Doesn’t mean what the anti abortionists want it out to mean, or some sort of “right to walk down the street without fear of being attacked by terrorists” which is a phoney construct of previous PM/Home Secretaries)

2. Freedom from torture or inhuman or degrading treatment

3. Fair trial (ie due process; for example no internment)

I think we take the view there should be no messing with these: no derogations, no ifs no buts.

Other fundamental human rights
Privacy
Freedom of expression
Freedom of assembly
Freedom from discrimination on any grounds (not least race, sex, creed, disability) in relation to any of the above rights.
- all rights we balance against other considerations, or we may have to balance one group’s rights against another. There’s no absolute right to privacy.  Sometimes you’re forced to disclose (eg under criminal investigation). 
Or freedom of expression, eg no shouting “Fire!” in a crowded theatre. No making non-consensual torture porn or paedophile movies with real children etc

These rights are under attack. 

Freedom of assembly came under attack in 1990s with anti-rave laws and more recently with police powers to disperse bored teenagers or apply curfew orders (came in with Asbo laws).  Privacy is under attack from the “surveillance society” agenda - see fuller note below.

Perhaps our main concern should be the extent of public apathy.  If government stirs up the idea that some firm measure will prevent bad things happening, catch bad people, and keep us all safe at night, it seems we’ll agree to almost anything.

What is legitimate and acceptable “in the present climate”? 
We’ll hear more and more arguments for curtailing certain rights (a bit of torture or internment might save lives) because of the threat we face.
The “threat” is both real and hyped up (by government and certain sectors of media).  Governments like to scare people and be seen to come up with solutions.  Also they seem to like to propose draconian measures to “look tough” even if they’ll never be enacted.

Surveillance society
-------------------------
(with thanks to Becky Hogge at Open Rights Group, on whose work this draws (with permission)

New technologies for data collection, storage and manipulation appear to offer governments the tantalising opportunity to find out more and more about those they govern.  This opportunity has been seized many times over the last few years, in the name of efficiency, economy or security.  As a result we have legitimised the mass surveillance of UK citizens.

Pervasive surveillance degrades human dignity.  This erosion of privacy is neither proportionate to its stated aims nor legitimate.
Routine and automatic data gathering for unclear purposes and without protection changes the relationship between citizen and state.  We’re no longer aware when our privacy is being breached, for what reason or purpose, so we must assume we’re under a constant “watch”.  This alters our behaviour.

People effectively lose their “right” to engage in lawful but unpopular practices (eg religious, sexual, political) when they fear their personal data will be compromised by incompetent or corrupt staff.  Surveillance can undermine the work of communities, transferring the responsibility to “look out for each other” to a centralised, faceless, database state.  This loss of local control in favour of central control leads to alienation and, in turn the demand for a more “disciplinary” society, led from the centre.

Constitutionally we have some protections against such threats, but these are meaningless unless enforced and the Data Protection Act isn’t.

Wrap up...

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