How to Advance Social Rights without Jeopardising the Human Rights Act 1998

When the 1948 Universal Declaration of Human Rights (UDHR) was drafted, governments grasped that human rights are needed as safeguards, not only against authoritarianism but also against the causes of authoritarianism. For this reason, the UDHR encompasses civil, political, economic, social and cultural rights. This holistic vision of human rights was obscured during the Cold War and more recently by economic neo‐liberalism. The UK government neglects social rights, which have a very low public profile, although there is evidence that the profile of these human rights is increasing. UK domestic law and practice is inconsistent with the holistic vision of human rights and the government's binding international social rights obligations. The UN Special Rapporteur on extreme poverty and human rights recommends that the UK provides for ‘the legislative recognition of social rights’ which can be approached in various ways. One way is to proceed social right by social right (for example, the rights to housing, health and education), and sector by sector (for example, the sectors of housing, health and education). This administrative law approach advances explicit social rights without implicating or jeopardising the Human Rights Act 1998.     

Human Rights in Policing: The Past,Present and Future

This article seeks to demonstrate, largely from practitioners’ perspectives, the growing evolution in understanding and implementation of meaningful human rights standards within the policing context. In the early 2000s, human rights were perceived and treated as a rather restrictive framework in UK policing. They are now more readily seen as a set of tools that guide and help the police to balance the views and interests of all parties to the criminal justice process. Human rights values enable police in the UK to better endeavour to do the right thing, ‘without fear or favour’.     

Human Rights Culture: Solidarity,Diversity and the Right to be Different

The concept of a human rights culture has been crucial to the incorporation of the European Convention of Human Rights into UK law. In this paper media and activist representations of human rights for lesbian, gay, bisexual and transgender human rights are considered as indicative of an emerging human rights culture, especially around the Civil Partnerships Act 2004. A typology of representations of rights is developed and discussed. It is concluded that insofar as there is an emerging human rights culture, it is one that is concerned above all with creating and maintaining civic relationships rather than with the assertion of individual liberty, and as inviting political compromise rather than a principled stance on universal human rights.     

‘Solidity or Wind?’ What's on the Menu in the Bill of Rights Debate?

This article examines the pronouncements and positions of the leading political parties on the Human Rights Act and the proposals for a new British Bill of Rights and Responsibilities. It analyses the main arguments made in support of a British Bill of Rights and Responsibilities, which are advanced around five main issues: security, the judges, parliamentary sovereignty, responsibilities and 'British rights'. The article was written before the government published the Green Paper Rights and Responsibilities: developing our constitutional framework in March 2009 and provides a political context with which to analyse it.     

Rethinking Human Rights in York as a Human Rights City

Human rights is in crisis in the UK. It lacks significant political backing and public support. This ‘insider account’ of York becoming a human rights city suggests that there is a need to rethink approaches to human rights. The article looks at the strategies adopted in the city; the annual city‐based indicator report which provides the key reference point for all local activities; and the declaration of York as a ‘human rights city’ in 2017 alongside its subsequent impact. The discussion is linked to two debates within human rights: how to define and build a culture of human rights, and what it means for human rights to be truly relevant at a local level. The new approach advocated can be summarised as participatory, locally informed, and related to everyday concerns.     

Why Human Rights Should Matter to Conservatives

In a speech given to the University of London's Constitution Unit and Judicial Institute on 3 December 2014, the Rt Hon Dominic Grieve QC MP challenged Conservatives to think carefully about the party's proposal to break the link between British courts and the European Court of Human Rights in Strasbourg. Grieve recalled why the United Kingdom signed the Convention in the first place and, although recognising that the Court's approach has been on occasion properly criticised and may present difficulties, argued that the reforms embodied in the Brighton Declaration 2012 are bearing fruit. He provided a critical exposition of the Conservative paper ‘Protecting Human Rights in the UK: the Conservatives’ Proposals for changing Britain's Human Rights Laws’ (October 2014) and concluded that Conservatives should want to remain within the jurisdiction of the ECHR to maintain and ensure the Court's effectiveness and continued viability.     

Human Rights in Kosovo

The emotions surrounding the question of Kosovo’s future owe their intensity to the long history of human rights abuses in the province. The years 1945–1966 and 1987–1999, in particular, saw harsh repression of local Albanians and a systematic favoring of local Serbs. Since June 1999, the province has been under international supervision, and, in this period, Serbs complain that they have been the victims of repeated acts of violence at the hands of Albanians. This article provides an overview of human rights abuses since 1945 and closes with a brief assessment of the international plan presented by UN mediator Martti Ahtisaari in February 2007.

Equality and Human Rights Commission: A Decade in the Making

This article traces the origins of the Commission over the decade before it opened its doors in October 2007, and the contentious debates and political trade-offs which led to its emergence in its current form; a history which throws light on the challenges it now faces. Inclusion of human rights in a 'single equality body', concessions on disability, the promise of a single Equality Act and the Commission's third arm, community relations, were major fault lines in debates complicated by devolution and fragmentation of responsibility in Whitehall but strengthened by an unusual degree of engagement with external stakeholders and by the scrutiny of the Joint Committee on Human Rights in Parliament. The outcome extends beyond establishment of a Commission with a powerful mandate. A process that began with separate equality interests competing to ensure their constituency did not lose out, fostered enthusiasm for collaboration to achieve the vision of society the Commission is tasked, by S3 Equality Act 2006, to deliver.'     

Human Rights in a Post‐Brexit UK

This special issue was written to reflect on the current role of human rights in the United Kingdom, seventy years after the United Nations General Assembly voted in favour of the Universal Declaration of Human Rights. Human rights are explored by the authors in this issue from a wide variety of perspectives. Some authors are critical of the failure of the state to implement human rights principles in practice; others lament how human rights often appear of little relevance to most people’s lives in the UK. The overall message, however, remains consistent: a human rights framework brings many positive elements to our country, ensuring it is a society where individuals, no matter their actions or characteristics, are treated with dignity.     

联合国国际人权两公约之背景,内容与意义

联合国国际人权两以约是国际社会在人权保护方面最重要的两个公约。两公约诉产生过程,内容和执行体系,都表明国际社会在人权保护领域既普遍的共识,也有尖锐的分歧。两公约本身即是求同存异的产物,它是尽可能地融合了东西方国家对人权的不同理解,充实和发展了《联合国宪章》中关于基本人权的内容和为人权领域的国际合作提供了国际法依据。但是,人权进行国际法领域,并不意味着可以把人权作为攻击或干涉他国内政的工具,借口不人     

Public Sector Reform

Reform is never far from the centre of public administration practice and scholarship. In this article Doug McTaggart, the chairman of the Queensland Public Service Commission, and Janine O'Flynn, from the University of Melbourne, explore the challenges of reform and the state of play. McTaggart, who was a commissioner on the Queensland Commission of Audit, sets out the case that business as usual will no longer suffice given the range of challenges faced by governments. He sets out to explain how we ended up in our current state and what needs to happen to repair it, drawing on deep experience in the practice of reform. O'Flynn positions reform as one of the central questions in public administration and management and makes the case for rethinking reform conceptually to drive change in practice. In doing so she points to our weaknesses in determining whether reform fails or succeeds and makes the case that, until we rethink reform, business as usual might be all we end up with. McTaggart and O'Flynn bring together the expertise of practice and academia to bring new insights in this persistent challenge of public administration, and raise a series of questions for debate.     

论社区警务中的人权关怀

我国自20世纪90年代以来,不断加强社区警务建设,取得了显著成就。在我国社会主义市场经济、民主法制、权利保障不断发展和完善的历史潮流中,不断强化公安机关和社区民警的人权意识,增强对社区民众的人权关怀,应该成为我国社区警务建设的关键性环节。     

Innovation in the Public Sector

Why does the public sector innovate, how should the public sector innovate, and, even more basically, should the public sector innovate? These are some of the questions that these contributions explore and to which they provide some salutary answers. Martin Stewart‐Weeks, an independent consultant working at the intersection of government, innovation, and technology, draws some lessons from his direct experience and advisory work about how the public sector catches the innovation ‘bug’ and turns it into in‐ spired action. From infection to inspiration to implementation, the public sector needs to lower its defences and put itself ‘in harm's way’ to engage with innovators and new ideas. Tim Kastelle, one of Australia's leading innovation scholars and practitioners, sets out some practical ways that the public sector can extend and entrench its innovation practice. These include managing innovation as a process, shifting the risk equation, and experimenting.     

监督舆论与舆论监督:网络公民权利与公共权力的进退与平衡

监督舆论与舆论监督是话语干涉的两种形式,存在主体性、结果性、立场性、技术性的权力差异。监督舆论形成公共权力的积极进制、消极进制、无效进制,引导舆论朝着积极正向的方向发展,但也易造成舆论的说教化与虚假化。舆论监督形成公共权力的强制化、主动化、圈层化、边缘化的退制,适应公意的变化,提倡公民权利约束公共权力,保证权力运行的合法化与公开化,存在舆论控制权力的风险,出现群体审判与群氓政治的现象。监督舆论与舆论监督应达到有限性平衡、动态性平衡、有效性平衡、竞争性平衡,保证公共权力与公民权利的相互制衡,达到善治的目的,进而实现公共权力与舆论机制的优化,促进社会现代化的和谐发展。     

Political Science Perspectives on Human Rights

This special issue of Human Rights Review is devoted to an exploration of the current human rights research agendas within the political science discipline. Research on human rights is truly an interdisciplinary quest in which various epistemologies can contribute to each other and form a larger dialogue concerning rights and wrongs. This special issue is devoted to an expansive understanding of the state of research on human rights in the political science discipline. One common theme throughout these contributions is the need for a more nuanced conceptualization of human rights, tools to promote these rights and as social scientists, methodologies employed to study these rights. A second theme is the policy relevance that can be derived from our empirical analysis. This volume demonstrates that the integration of theoretically and normatively rich concepts, empirical social science, and policy relevance do not have to be mutually exclusive when studying human rights.     

Where Have All The Workers Gone? Exploring Public Sector Workforce Planning

Governments undertake extensive planning of many services and functions, but tend to neglect planning of public service workforces. Disruptions to public service delivery, such as shortages of nurses and doctors, have rejuvenated interest in workforce planning, but many organisations struggle to do it effectively. This historical study examines the capacity of central personnel agencies to predict workforce risks and support workforce planning, using a study of the Queensland public service. It identifies lack of workforce data as a barrier to effective workforce planning, as a result of factors such as changes in the direction of the central personnel agency, lack of appreciation for the value of comprehensive central workforce data, and limited agency human resource (HR) skills or capacity.     

Citizenship and the Constitution

The status of “British subjects”, the relationship between the individual and the State, and the concept of “rights” and “liberties” are relevant to the current political debate about “British identity”, citizenship, “multiculturalism”, a “British Bill of Rights”, and whether there is now a need for a written constitution. This article describes the confused contemporary understanding of what is meant by “British” citizenship and analyses the parallel developments of citizenship and our constitutional arrangements. The Human Rights Act, devolution and Gordon Brown's proposed constitutional renewal are important steps in setting out the ideas and principles that bind us together as a nation. Together with a coherent definition of the rights and obligations of British citizenship, constitutional reform would achieve a stronger sense of what it means to be British today.     

The Review of Victoria's Guardianship Legislation: State Policy Development in an Age of Human Rights

This article considers the Victorian government's decision to review the state's guardianship legislation and notes the significant place international human rights developments are playing in that review. The article recognises the opportunities these developments present for reworking the guardianship legislation to increase the autonomy and decision-making power of people with disabilities, but also considers the challenge these developments present to ensuring that society continues to protect its most vulnerable citizens.     

The Evolution of Public Service Provision by the Third Sector in France

Public services have been externalised, in part, to the non‐profit sector in France and in the United Kingdom. This article begins by reviewing relations between the public and non‐profit sector in France before 2008, and its evolution since. This has been characterised by the slow reduction of public funding, the adaptation of non‐profit associations and organisations, and their clearer positioning within a wider ‘social and solidarity economy’, which was consolidated by a framework Law in 2014. The article then examines the current sharing of responsibilities between the public and non‐profit sectors in education, health and social services, pointing to the diverse historical and political conditions which have led to this shared organisation.