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Old 6th October 2005, 10:07 PM   #1
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Odd goings on in Blighty

Quote:
Prisoners could be given the vote after the European Court ruled yesterday that laws disenfranchising them were a breach of their human rights.

Ministers promised a review but said that not all 70,000 prisoners in the country would get the vote.

The Prison Officers' Association said the results in some marginal seats could be affected if inmates were allowed to vote in the constituency that included their prison, rather than in the area where they lived.

The Government's defeat at the Court of Human Rights in Strasbourg, by a majority of 12 votes to five, means that Parliament will have to change the law.
http://www.telegraph.co.uk/news/main.../ixportal.html
Curious that a nation would care to give up their soverignty to such an extent. Oddly, the concern about human rights of prisoners appears to be silent on the rights of their victims. Very odd indeed.
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Old 6th October 2005, 10:18 PM   #2
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Originally Posted by Ed View Post
Curious that a nation would care to give up their soverignty to such an extent.
If a nation or state is a member of a union, that union is going to have some laws you like and some you don't. Like the US vs. Oregon on assisted suicide, or vs. California on medical marijuana.

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silent on the rights of their victims
Almost every victim can vote already.
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Old 6th October 2005, 10:22 PM   #3
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Originally Posted by Bjorn View Post
If a nation or state is a member of a union, that union is going to have some laws you like and some you don't. Like the US vs. Oregon on assisted suicide, or vs. California on medical marijuana.

Almost every victim can vote already.
I don't see any discussion of attacking the basic law which is what is going on now in the SC. Who made this law? Elected represetitives of citizens of the UK?
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Old 6th October 2005, 10:29 PM   #4
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Originally Posted by Ed View Post
I don't see any discussion of attacking the basic law which is what is going on now in the SC. Who made this law? Elected represetitives of citizens of the UK?
Your source is saying that
Quote:
By signing the human rights convention, Britain undertook to hold elections "under conditions which will ensure the free expression of the opinion of the people".
In interpreting this provision, states are allowed a measure of discretion to hold elections according to their own laws and customs.
But the court will step in if national discretion is exercised in a disproportionate way.
It looks like you sign up for the game, promising to follow the rules?
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Old 6th October 2005, 10:51 PM   #5
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Time to take our ball away and go home then............
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Old 7th October 2005, 06:36 AM   #6
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Prisoners could be given the vote after the European Court ruled yesterday that laws disenfranchising them were a breach of their human rights.
Actually, I think they should have the right to vote on principle. If you can be thrown into jail for laws passed by politicians, you should be able to vote for (or against) those politicians who threw you into jail.

And regarding the whole sovereignity thing vis-a-vis the EU, well, we in the US tried to warn ye!
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Old 7th October 2005, 06:40 AM   #7
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Originally Posted by Ed View Post
Curious that a nation would care to give up their soverignty to such an extent. Oddly, the concern about human rights of prisoners appears to be silent on the rights of their victims. Very odd indeed.
This notion of barring prisoners from voting appears to have originated in the US. Thus far, it appears to have effectively barred people from voting who never have been convicted for a crime, for victimless crimes, for those who have done their time and are re=habilitated, etc.
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Old 7th October 2005, 06:50 AM   #8
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Originally Posted by Beerina View Post
Actually, I think they should have the right to vote on principle. If you can be thrown into jail for laws passed by politicians, you should be able to vote for (or against) those politicians who threw you into jail.

And regarding the whole sovereignity thing vis-a-vis the EU, well, we in the US tried to warn ye!
Actually, this isn't to do with the European Union. Its to do with the European Convention of Human Rights, which is a Council of Europe thingy.
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Old 7th October 2005, 06:54 AM   #9
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Originally Posted by a_unique_person View Post
This notion of barring prisoners from voting appears to have originated in the US. Thus far, it appears to have effectively barred people from voting who never have been convicted for a crime, for victimless crimes, for those who have done their time and are re=habilitated, etc.
According to the story, the rule goes back to the 14th c. in England.

Who gets barred for never having committed a crime?

Rehabilitated...hahahahahahahahahaha...
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Old 7th October 2005, 07:02 AM   #10
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Originally Posted by Ed View Post
Who gets barred for never having committed a crime?
Does the word "Florida" ring any bells?
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Old 7th October 2005, 07:05 AM   #11
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Originally Posted by Ed View Post
Oddly, the concern about human rights of prisoners appears to be silent on the rights of their victims. Very odd indeed.
It's not even a straw man.

It's a corn dolly.

Actually, now I come to think of it, the words ""tawdry halfwitted lie" come to mind.
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Old 7th October 2005, 07:08 AM   #12
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Originally Posted by Ed View Post
I don't see any discussion of attacking the basic law which is what is going on now in the SC. Who made this law? Elected represetitives of citizens of the UK?
We signed up to the treaty back in 1950 or thereabouts, and it was ratified by parliament (i.e. our elected representatives) in 1951.

We've recently had a lot of ill-informed (or perhaps well-informed but dishonest) wittering by the Tories and others on the right about this: they've been saying that the Human Rights Act 1998 should be repealed because it gives rise to the sort of issues being discussed in this thread. It does nothing of the sort, because the Convention has been part of our law since it came into force in the 1950s. All the act actually does is to allow decisions about the Convention to be taken by English judges instead of the European Court of Human Rights.
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Last edited by Mojo; 7th October 2005 at 07:10 AM.
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Old 7th October 2005, 07:20 AM   #13
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Originally Posted by Dr Adequate View Post
Does the word "Florida" ring any bells?
no
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Old 7th October 2005, 07:21 AM   #14
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Originally Posted by Ed View Post
no
How about "Quasimodo," then?
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Old 7th October 2005, 07:24 AM   #15
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Originally Posted by Ed View Post
I don't see any discussion of attacking the basic law which is what is going on now in the SC. Who made this law? Elected represetitives of citizens of the UK?
Yes, it was a main point of Labour's election manifesto that if they got in they would sign us up to the Human Rights malarkey.
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Old 7th October 2005, 08:11 AM   #16
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Originally Posted by Darat View Post
Yes, it was a main point of Labour's election manifesto that if they got in they would sign us up to the Human Rights malarkey.
We signed up to it in 1951. See above.
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Old 7th October 2005, 08:21 AM   #17
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Originally Posted by Mojo View Post
We signed up to it in 1951. See above.
But not the UK judges.. oh I see you posted that as well
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Old 7th October 2005, 08:53 AM   #18
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Which just goes to show that its high time to kick the EU and labour in the cnut.
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Old 7th October 2005, 08:55 AM   #19
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Originally Posted by Jon_in_london View Post
Which just goes to show that its high time to kick the EU and labour in the cnut.
The ECHR is nothing to do with the EU. See above.
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Old 7th October 2005, 09:08 AM   #20
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Prisoners could be given the vote after the European Court ruled yesterday that laws disenfranchising them were a breach of their human rights.
According to our esteemed Lord Chancellor (who was interviewed about this judgement on BBC R4 yesterday) the operative word is "could". The ECHR's ruling was that it was unlawful to deny prisoners the vote without proper consideration of the basis on which such a decision is be made.

So the governement can review, consider, report...and then decide not to change the law at all.
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Old 7th October 2005, 09:55 AM   #21
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Originally Posted by Ed View Post
Curious that a nation would care to give up their soverignty to such an extent. Oddly, the concern about human rights of prisoners appears to be silent on the rights of their victims. Very odd indeed.
What rights would those be? Victims don't lose any human rights by being victims. Nor do they gain new rights. What concern should there be?
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Old 7th October 2005, 10:28 AM   #22
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So a victim has not lost any rights? If I murder you, have you not lost any rights?
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Old 7th October 2005, 10:31 AM   #23
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Originally Posted by Mojo View Post
The ECHR is nothing to do with the EU. See above.
Are you absolutely sure that the European court of human rights has nothing to do with Europe?
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Old 7th October 2005, 01:56 PM   #24
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Originally Posted by Jon_in_london View Post
So a victim has not lost any rights? If I murder you, have you not lost any rights?
Yep. I've pretty much lost the ability to exercise all of them, in fact. Should the killer be stripped of all rights as a result as well? If not all, then which ones? And why those, specifically?
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Old 7th October 2005, 02:09 PM   #25
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Originally Posted by Jon_in_london View Post
Are you absolutely sure that the European court of human rights has nothing to do with Europe?
The European Court of Human Rights is not a creation of the European Union. It is an institution of the Council of Europe, which has a much wider membership than the EU.
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Old 7th October 2005, 02:39 PM   #26
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Originally Posted by Camillus View Post
The European Court of Human Rights is not a creation of the European Union. It is an institution of the Council of Europe, which has a much wider membership than the EU.
yeah, but if Jon_In_London admits that, he won't be able to keep on with his EU/ Labour bashing with regards to this decision.

That would make him sad.
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Old 7th October 2005, 02:47 PM   #27
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Originally Posted by Ed View Post
Oddly, the concern about human rights of prisoners appears to be silent on the rights of their victims. Very odd indeed.
Originally Posted by Jon_in_london View Post
So a victim has not lost any rights? If I murder you, have you not lost any rights?
Umm, if I kill somebody it's not an offence against any convention of human rights, I'm solely responsible according to criminal (and civil) law. Human rights usually regulate matters between a state or a union of states and its citizens, not between the citizens among themselves.
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Old 7th October 2005, 04:58 PM   #28
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Originally Posted by Jon_in_london View Post
Are you absolutely sure that the European court of human rights has nothing to do with Europe?
Not "nothing to do with Europe," but, as I said, nothing to do with the European Union. The ECHR is a Council of Europe treaty, and the Council of Europe is not the same entity as the European union. But, of course, many Tories and other "little englanders" never pay enough attention to what's going on outside the UK to be able to tell the difference.
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Old 7th October 2005, 05:14 PM   #29
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Why does the U.K. want to listen to Europe? Isn't it enough that the Lord God Almighty (Thor), created the English Channel for a reason? Proof of Intelligent Design!
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Old 7th October 2005, 05:41 PM   #30
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Well, some of us actually approve of the European Convention on Human Rights. It's supposed to give us the same sort of rights and freedoms as the US constitution (etc.) is supposed to give Americans.
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Old 7th October 2005, 06:00 PM   #31
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Originally Posted by Jon_in_london View Post
So a victim has not lost any rights? If I murder you, have you not lost any rights?
Nope. The set of rights you have the power to personally exercise has necessarily diminished. But you possess the same legal rights as you did before you were murdered.

"Rights" apply to your status with the government, nothing more. Being the victim of a crime does not take away any of your Constitutionally-protected rights -- at least, that's how it works here. Is it different across the pond?
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Old 7th October 2005, 09:53 PM   #32
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Originally Posted by Ed View Post
According to the story, the rule goes back to the 14th c. in England.
My bad.

Quote:
Who gets barred for never having committed a crime?

Rehabilitated...hahahahahahahahahaha...
Florida, and people do get rehabilitated. Many are in there for victimless crimes. The stereotypical homicidal rapist only makes up a small percentage of the prison population.
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Old 7th October 2005, 09:57 PM   #33
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Originally Posted by a_unique_person View Post
My bad.



Florida, and people do get rehabilitated. Many are in there for victimless crimes. The stereotypical homicidal rapist only makes up a small percentage of the prison population.
and lets face it, in the UK you can go to prison for watching TV without a license.

How can we let such people vote?
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Old 7th October 2005, 10:11 PM   #34
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It looks like you sign up for the game, promising to follow the rules?

The question is not if the UK should respect the human rights convention, but since when is the (alleged) right to prisoners to vote a "human right" that is protected by that convention.

If the human right convention's rules had explicitly said, "prisoner will not be denied the right to vote" and the UK signed it, that's one thing. But almost certainly, it said nothing of the sort--and it is only now that somebody, interpreting the human rights convention, had "discovered" it demands that signatory nations give their prisoners the right to vote.

So the question is, who is that somebody? The body politic of the UK... or unelected beaurocrats in Brussels?

Sure, when you sign up to a game, you promise to follow the rules--but the rules as they were when you signed up, or the rules as they are changed with your participation and consent. You did not sign up to agree to whatever some unelected person who hadn't asked you says the rules are.

This notion of barring prisoners from voting appears to have originated in the US.

Actually, this prohibition is ancient and originated in mideaval England.

The idea behind it is that of natural justice: if you break society's laws and harm it, you forfeit your right to determine who will lead that society.
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Old 7th October 2005, 10:57 PM   #35
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Which political party benefits if prisoners get the vote?
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Old 7th October 2005, 11:16 PM   #36
brodski
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Originally Posted by Skeptic View Post
It looks like you sign up for the game, promising to follow the rules?

The question is not if the UK should respect the human rights convention, but since when is the (alleged) right to prisoners to vote a "human right" that is protected by that convention.

If the human right convention's rules had explicitly said, "prisoner will not be denied the right to vote" and the UK signed it, that's one thing. But almost certainly, it said nothing of the sort--and it is only now that somebody, interpreting the human rights convention, had "discovered" it demands that signatory nations give their prisoners the right to vote.

So the question is, who is that somebody? The body politic of the UK... or unelected beaurocrats in Brussels?

Sure, when you sign up to a game, you promise to follow the rules--but the rules as they were when you signed up, or the rules as they are changed with your participation and consent. You did not sign up to agree to whatever some unelected person who hadn't asked you says the rules are.

This notion of barring prisoners from voting appears to have originated in the US.

Actually, this prohibition is ancient and originated in mideaval England.

The idea behind it is that of natural justice: if you break society's laws and harm it, you forfeit your right to determine who will lead that society.
Of course American states would never find themselves in such position, I mean what right do Judges have to interpret laws and overrule executive branches of government or legislators?

Andy why do you say this originated in medieval england? Exactly who had the vote in a time when the Devine right of kings was prevalent?
The modern UK practise of barring prisioners the right to vote actually dates back to the Victorian concept of "Civic Death".

Also it should be pointed out, that this ruling does not mean that from tomorrow all prisoners have the right to vote, what it means is that the government must examine the legislation around restricting voting rights of prisoners.
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Old 7th October 2005, 11:29 PM   #37
brodski
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Originally Posted by peptoabysmal View Post
Which political party benefits if prisoners get the vote?
Given the general level of apathy in the UK at the moment, nobody.
Mind you, given the number of former Conservative MP's in gaol...
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Old 8th October 2005, 03:58 AM   #38
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Originally Posted by Skeptic View Post
This notion of barring prisoners from voting appears to have originated in the US.

Actually, this prohibition is ancient and originated in mideaval England.

The idea behind it is that of natural justice: if you break society's laws and harm it, you forfeit your right to determine who will lead that society.
But that notion rests on the idea that breaking a law of society will always harm society. In the case of murder I tend to agree, but what about people, who, I dunno, were incarcerated for personal drug possession or circumvention of a copyright protection device?
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Old 8th October 2005, 04:29 AM   #39
Jon_in_london
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Originally Posted by SwissSkeptic View Post
Umm, if I kill somebody it's not an offence against any convention of human rights
It most certainly is. By killing someone you have permanently removed that persons first human right (which 'trumps' all the others) which is the right to life.
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Old 8th October 2005, 04:40 AM   #40
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Originally Posted by Melendwyr View Post
Nope. The set of rights you have the power to personally exercise has necessarily diminished. But you possess the same legal rights as you did before you were murdered.

"Rights" apply to your status with the government, nothing more. Being the victim of a crime does not take away any of your Constitutionally-protected rights -- at least, that's how it works here. Is it different across the pond?
If you murder me you have permanently removed all of my human rights, not just 'diminished' a few of them- regardless of what the government might think, they cannot restore any rights to me after I'm dead, at least nto until Jesus becomes PM.

Human rights are fundamental and cannot be summarilily(sp?) removed. Any infringement of anyone's human rights can only ever be justified as a proportionate response to further ensure the human rights of the nation as a whole.
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