Exploring legal approaches to climate justice: Reflections from the South Pacific

By Alice Venn, PhD Candidate (University of Bristol Law School).*

south-pacificThe South Pacific is one of the most vulnerable regions in the world to climate change impacts. The images conjured up of sinking small islands surrounded by miles of rising oceans however do little justice to the vibrant cultures, diverse landscapes and close-knit communities I recently encountered there. As part of my PhD project exploring the legal protection available to climate vulnerable states and communities I was fortunate enough, with the support of the South West Doctoral Training Centre, to be awarded a three month visiting researcher position at the University of the South Pacific in Port Vila, Vanuatu. I spent my time there gathering data, primarily through a series of interviews with key stakeholders from national government, local law firms and NGOs, as well as with a number of regional organisations during a short trip to Fiji. (more…)

Inside San Diego’s Otay Mesa Detention Centre

By Dr Diego Acosta Arcarazo, Senior Lecturer in Law (University of Bristol Law School).*

Otay Mesa Detention Centre, San Diego
Otay Mesa Detention Centre, San Diego

Although much of my research focuses on legal aspects of undocumented migration, I’d never visited a detention centre for irregular migrants. So when the opportunity arose in May this year to see inside the Otay Mesa detention facility near San Diego (where a Russian citizen had died just days before), I couldn’t pass it by.

The first thing that strikes the observer is how far the facility is located from downtown San Diego. Indeed, it’s very close to the Mexican border. Having finally arrived after more than an hour’s drive, and after going through a double electrified fence and registration, we are conducted into a room where we are given a presentation by CCA personnel. CCA — the Correction Corporation of America — is a private company making huge profits on running such centres ($227 million in 2015). With some notable exceptions, scholars have neglected the business aspects of the migration industry, perhaps due to the opaque nature of some of the arrangements between governments and companies working in the sector. Yet these aspects raise innumerable questions as to whether one can reconcile the profit-seeking interests of shareholders in such companies with human rights, as well as to what extent legislation might be influenced by powerful lobbies interested in perpetuating the detention cycle. (more…)

The Human Rights Implications of Brexit

By Prof Steven Greer, Professor of Human Rights (University of Bristol Law School).

banner-1327289_640At this stage, the only firm conclusion which can be drawn about the human rights implications of Brexit is that they are likely to be uncertain for many years to come – for the UK, for the soon-to-be 27-member European Union, and for the 47-member Council of Europe, the parent body of the European Convention on Human Rights and the European Court of Human Rights, the so-called ‘Strasbourg institutions’. Taking each of these in turn, let us consider the UK first. (more…)

Time to listen: A spotlight on mental health

By Dr Judy Laing, Reader in Law (University of Bristol Law School).*

Recent research indicates that a large percentage mental health awareness week hp-handsof patients living with severe mental health problems do not feel actively involved in their treatment plans. In this blog, Dr. Judy Laing outlines how this runs contrary to basic human rights principles and how it’s time that patients’ rights and voices are put firmly at the centre of all decision-making about their care, treatment and admission to hospital. (more…)

The myth of the “securitized Muslim community”: the social impact of post-9/11 counterterrorist law and policy in the west

By Prof Steven Greer, Professor of Human Rights (University of Bristol Law School).

9780415870375S Greer, ‘The myth of the “securitized Muslim community”: the social impact of post-9/11 counterterrorist law and policy in the west’ in G Lennon & C Walker (eds), Routledge Handbook of Law and Terrorism (London: Routledge, 2015), 400-15.

The academic literature broadly concerned with the ‘social impact’ of post-9/11 terrorism and counter-terrorism in the West is dominated by ‘the securitization thesis’ at least eight senses of which can be distinguished: 1. Muslims as a whole feel under suspicion from society merely because they are Muslim; 2. Muslims as a whole are under suspicion from society for the same reason; 3. Islam is under suspicion from society; 4. Muslims as a whole feel under suspicion from the state solely on account of being Muslim; 5. Muslims as a whole are under suspicion from the state merely because they are Muslim; 6. Islam is under suspicion from the state; 7. Muslims as a whole are subject to special security and criminal justice measures purely because they are Muslim; 8. Islam is subject to special security and criminal justice measures not applicable to other faiths or ideologies. There can be little doubt that the first four propositions are true at least to some extent. But these are not genuine instances of ‘securitization’ because this term can only credibly refer to objective, deliberate, state-managed processes, not reducible to the subjective experiences of those who may or may not have been affected by them, or to social processes over which the state may have little or no control. (more…)