The Legal Research Society

Although a right to “sexual pleasure” usually does not fare among traditional rights enshrined in constitutions, such a right was nevertheless proposed by a female member of the Ecuadorian parliament when debating a forthcoming new constitution. Reuters report that the idea behind the proposal was to facilitate gender equality and to avoid sexual violence. Ultimately, however, and in spite of this noble cause, the proposal failed.

Yesterday’s quarrel, conducted in the open through the media, between Shami Chakrabarti, Director of the UK based human rights group Liberty, and Culture Secretary Andy Burnham over the decision by Tory MP David Davies to stand down and call an election over his parliamentary seat in light of the government’s successful attempt to increase the number of days that terror suspects can be held before being charged to 42, brings to mind Harvard Professor David Kennedy’s excellent 2002 essay The International Human Rights Movement: Part of the Problem . Although the paper relates to international issues, there might be a few pointers relevant for the UK human rights movement and its choice of methods of advocacy. In light of popular opposition to the Human Rights Act in the UK and pledges by the Tories that they will consider scrapping it once in office , it could be questioned whether the UK human rights movement has itself to partly thank for this situation. For instance, high profil

Professor Charles Wyplosz has a very interesting and succinct piece in yesterday’s Financial Times on the rejection of the Lisbon treaty by the Irish voters. Interestingly, Wyplosz argues, when discussing whether certain EU issues and questions are unsuited for national referendums due to complexity, that European voters are merely cynical as rejection of grand EU policies, be it the failed constitution or treaties, is the only way in which citizens of Europe get to have a say in the Union’s policy. This is a point regularly overlooked in the frantic discussions that often follow popular refusal to vote Yes to the various EU policies.

‘A day will come when all the nations of this continent, without losing their distinct qualities or their glorious individuality, will fuse together in a higher unity and form the European brotherhood. A day will come when the only battlefield will be the market-place for competing ideas. A day will come when bullets and bombs will be replaced by votes.’Now Victor Hugo’s predictions in 1849 come true. The 21st century offers brighter prospects to European Union. According to Victor Hugo’s words, it seems that the territorial proximity within the same continent is an important element of establishing a Union. Moving to the Asia-Pacific, do you think it is possible to establish a Union, which is similar to European Union, among China, Japan and etc.? Discuss.

Early indications from Ireland point towards a rejection of the Lisbon Treaty by the Irish people. The BBC has the latest . UPDATE: While it is likely that Ireland will face significant criticism in EU circles for turning down the Lisbon Treaty, and arguments in Brussels are likely to go along the lines of “after all we have done fore Ireland” and “with all the money they have received”, polls indicate that many voters have voted no simply because they claim that they did not understand the Treaty. In this light, it is evident that the Irish Yes campaign and its supporters from across Europe has failed in pointing out the benefits of the Treaty to the Irish voters.

A poll published today in the Irish Times indicates that this is not as far fledged a scenario as most Eurocrats would have thought likely. The Irish will vote on the Lisbon Treaty, as the only country, next week. Currently, the number of people intending to vote No has almost risen to 35 per cent whereas the Yes side stands at 30 per cent. Although undecided voters still amount to a massive 28 per cent, the surge in support for the No side is striking. If indeed the Irish decide to turn down the Treaty, this is likely to be a significant chock to Brussels and will undoubtedly deliver a big blow to the EU, given that it is not yet clear what will happen should the Lisbon Treaty fail to be incorporated in all 27 countries; European Commission President Jose Manuel Barroso is today by Reuters quoted as saying “there is no plan B”.

A new ECHR blog has been launched by Antoine Buyse of the Netherlands Institute of Human Rights. It looks as a really good place for updates and commentary on recent ECtHR decisions and adds a much needed ECHR space to the blogosphere. Worth a look.