dorlomin Posted April 5, 2009 Report Share Posted April 5, 2009 HUMAN RIGHTS PRINCIPLES AND THE LEGAL FRAMEWORK FOR PEACEFUL PROTEST Human rights principles 13. Under the Human Rights Act 1998 (HRA), the police and the Home Office are public authorities with obligations to comply with the rights set out in the European Convention on Human Rights (ECHR).[4] The state also has obligations to comply with international human rights standards set out in UN and regional treaties. These obligations should be considered in conjunction with the existing common law human rights standards. WHO IS PROTECTED? 14. It is important to note that the Government is required to secure, to everyone within its jurisdiction, the rights contained in the ECHR.[5] This includes protestors, the targets of protests, police and the general public. POSITIVE AND NEGATIVE OBLIGATIONS 15. There are two types of human rights obligations owed by states: negative and positive. A positive obligation requires states to undertake specific preventive or protective actions to secure ECHR rights, whereas they must refrain from taking certain actions under a negative obligation. An example of a negative obligation would include not placing unnecessary obstacles in the way of individuals wishing to protest.[6] An example of a positive obligation would include facilitating counter protests or protests in the same geographical location. Positive obligations can require the state to take steps to protect individuals from the actions of other private parties (such as companies against whom people may wish to protest, or targets of protests against protestors). FREEDOM OF PEACEFUL ASSEMBLY 16. Article 11 of the ECHR protects the participants and organisers of peaceful assemblies from interference by the state in their activities. In particular: (1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others... (2) No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others […] This right is closely mirrored by Article 21 of the International Covenant on Civil and Political Rights (1966) (ICCPR). 17. Article 11, as interpreted by the Courts, comprises two closely related rights: the right not to be prevented or restricted by the state from meeting and associating with others to pursue particular aims, except to the extent allowed by Article 11(2) (negative obligation); and the duty on the state to take positive measures, even in the sphere of relations between individuals, to ensure that the rights provided are secured (positive obligation).[7] Genuine, effective freedom of assembly cannot, therefore, be reduced to a mere duty on the part of the state not to interfere: a purely negative conception would not be compatible with the object and purpose of Article 11.[8] Where individuals or businesses act in a way that undermines Article 11 rights, the state may be required to intervene to secure the protection of those rights.[9] However, the duty on the state to take positive measures to support peaceful assembly is not absolute.[10] 18. The right to freedom of assembly encompasses participation in private and public meetings,[11] processions,[12] mass actions, demonstrations, pickets and rallies.[13] It does not include participation in violent protests[14] but includes, for example, a sit-down protest on a public road even though traffic is disrupted as a result.[15] To determine whether a demonstration is peaceful, the courts will look at the intention of the organisers.[ Quote Link to comment Share on other sites More sharing options...
grandadcollective Posted April 5, 2009 Report Share Posted April 5, 2009 Link Ok I could just go on quoting from this whole report for hours. Its like a breath of fresh air after all the attitudes Ive been encountering this week. Link Link And it goes on and on about the misuse of various laws such as section 44 of the anti terrorism bill of 2000, that bloody stupid law that has been in force in London since the legislation was passed! A very intersesting read of a document. Quote Link to comment Share on other sites More sharing options...
llcoolphil Posted April 5, 2009 Report Share Posted April 5, 2009 I could start to list all of the very very major things that have been changed through party politics and how many violent protests have had the complete opposite effect than the one you seem to think they all have, Quote Link to comment Share on other sites More sharing options...
504329lt Posted April 5, 2009 Report Share Posted April 5, 2009 http://www.guardian.co.uk/world/2009/apr/0...t-ian-tomlinson Quote Link to comment Share on other sites More sharing options...
dorlomin Posted April 5, 2009 Report Share Posted April 5, 2009 on the policing of the protest. Quote Link to comment Share on other sites More sharing options...
bombfrog Posted April 5, 2009 Report Share Posted April 5, 2009 My post from last night has gone missing so I'll say it again briefly. * Debate was good * Debate became personal. * Bombfrog can't be bothered to debate with people who won't or can't debate sensibly. * Bombfrog is off to the happy threads again. * Bombfrog thanks the nice people for the interesting debate before the losers entered the fray. * Seeya. Quote Link to comment Share on other sites More sharing options...
dorlomin Posted April 5, 2009 Report Share Posted April 5, 2009 Writing on a police internet forum yesterday, one officer was ready for trouble. He talked of “going up against the scum of our society, the immature thrill seekers and anonymous cowards who hide in large crowds with scarves pulled over their faces chanting meaningless slogans to hurl whatever is at hand at the lines of police deployed to maintain order”. The officer signed off with a rallying cry: “So boys and girls, keep your chin straps tight, your batons ready and shields high”. Others on the forum were less gung-ho, talking of keeping safe and returning to their families uninjured. All gave the impression that they were expecting violence. Quote Link to comment Share on other sites More sharing options...
beergut100 Posted April 5, 2009 Report Share Posted April 5, 2009 Watching on BBC News 24 now. Looks like it's just the proper nutjobs still there. They've just reported that a protester has died. Apparently police trying to help him and get an ambulance through were pelted with bottles Quote Link to comment Share on other sites More sharing options...
bombfrog Posted April 5, 2009 Report Share Posted April 5, 2009 I made some comments about Bombfrog on here last night, about which I am not proud and I am glad they have disappeared. However, I think this illustrates why I find someone so blinkered and reactionary so frustrating. It seems our unblemished protectorate were completely out of control. If you read this, however, Bombfrog, I apologise unreservedly for my childish comments. Quote Link to comment Share on other sites More sharing options...
dorlomin Posted April 5, 2009 Report Share Posted April 5, 2009 The police prevented members of parliment from freely moving around the protests on Wednesday. What power, right or duty do they think they posses to prevent such important members of our society from acting as legal observers to ensure that our right to express an opinion is being upheld without undue harassment or fear of violence. The police and the home secetary have gotten way way too big for their boots if this is what they think they can do. The public servants seem to think they have become master of the household. Quote Link to comment Share on other sites More sharing options...
CrunchyFrog Posted April 5, 2009 Report Share Posted April 5, 2009 Facts over handbags Quote Link to comment Share on other sites More sharing options...
grandadcollective Posted April 5, 2009 Report Share Posted April 5, 2009 Now that would be a great name for a band!!! Quote Link to comment Share on other sites More sharing options...
ig1234 Posted April 5, 2009 Report Share Posted April 5, 2009 Authority should go: People - Legislature - Government - Police Apparently in reality it's the other way around. Quote Link to comment Share on other sites More sharing options...
llcoolphil Posted April 5, 2009 Report Share Posted April 5, 2009 Authority should go: People - Legislature - Government - Police Apparently in reality it's the other way around. Quote Link to comment Share on other sites More sharing options...
llcoolphil Posted April 5, 2009 Report Share Posted April 5, 2009 In response to bombfrog. Your right about there being two sides to a story, there is always several different ways of looking at it, but there is only ever one truth. I agree that the government haven't got an agenda to keep the avergae joe miss informed and opressed, yes ther government have certain control over the media, not so much that its there own personal propaganda tool, but the obviously need to have control to be able to stop certain stories gonig to press that would reslut in mass panic, threaten national security, etc. They do keep the public in the dark sometimes, whether this is a good thing or a bad thing is your own opinon, personally i would like to know exactly what is going. I do not believe that we are delibritley misinformed. Some of this i based on what you said some is based on what others on here have said. In response to james hunt. There is not a mass government consiparcy to keep the public ignorant and under their thumb. If you didn't mean there was a conspiarcy just that the government us certian tools (police,media,etc) to keep in check then i agree and apologise for misreading it. But you have to have more faith in our government. By saying that they have an agenda and your agianst them then your saying that change cannot happen, we have to want change, we have to show the government we want change and we have to have faith they will listen to us. Yes we are sometimes ignore and we don't get what we want and what we think is right does not always happen, but we have to keep believing. A day may come when the government fails us completely, but i hope it doesn't. Saying that Blair controlled the BBC is ridculous, yes he had influence but saying he had control is absurd, your making him seem like Stalin or Hitler. They had control, complete control, Blair certainley had influence but never control. And bombfrog isn't keeping his head the sand he believes something different. neither of these are personal attacks, jsut my beliefs and responses to the comments you guys have made. Quote Link to comment Share on other sites More sharing options...
dorlomin Posted April 6, 2009 Report Share Posted April 6, 2009 (edited) The IPCC now investigating the Tomlinson death. The police had 'contact' with him. "However, other witnesses who saw him in the Royal Exchange area have since told us that Mr Tomlinson did have contact with police officers. "This would have been a few minutes before he collapsed. It is important that we are able to establish as far as possible whether that contact had anything to do with his death." Edited April 6, 2009 by dorlomin Quote Link to comment Share on other sites More sharing options...
crimsonking Posted April 7, 2009 Report Share Posted April 7, 2009 (edited) The IPCC now investigating the Tomlinson death. The police had 'contact' with him. The guardian is quoting witnesses saying he was struck. And now the police are under a clowd gone is the city in anarchy story of previous days. Minor, sporadic and bursts.... We shall follow this story as it progresses. Edited to add footage of the police not allowing an ambulance to pass. http://www.youtube.com/watch?v=6f0S6PPLI8Q&NR=1 Edited April 7, 2009 by crimsonking Quote Link to comment Share on other sites More sharing options...
dorlomin Posted April 7, 2009 Report Share Posted April 7, 2009 http://www.guardian.co.uk/uk/2009/apr/07/v...-police-assault Requiescant in pace Ian Tomlinson. Quote Link to comment Share on other sites More sharing options...
BlackHole2006 Posted April 7, 2009 Report Share Posted April 7, 2009 Bagsy the tambourine. Quote Link to comment Share on other sites More sharing options...
504329lt Posted April 7, 2009 Report Share Posted April 7, 2009 bombfrog Did you watch the footage on the news tonight? Perhaps you now appreciate why I found your comments about nutjobs so exasperating. Quote Link to comment Share on other sites More sharing options...
paulo999 Posted April 8, 2009 Report Share Posted April 8, 2009 Witness reports in the Guardian. "Dogs, batons and an attack by police" Quote Link to comment Share on other sites More sharing options...
krisskross Posted April 8, 2009 Report Share Posted April 8, 2009 not really much to debate about that... Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.