Bristol Law School’s Thomson Reuters Legal Student Representative awarded First Place Award at the annual Thomson Reuters Conference

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2nd year Law student Anita Dangova has been named First place at the annual Thomson Reuters Conference for the work she has achieved this year as a Thomson Reuters Legal Student Representative (TRLSR).

As a TRLSR, Anita organises different Westlaw workshops and sessions to help her fellow students achieve the best results possible.

As part of her role, Anita has worked closely with the Bristol Law School librarians to produce customised workshops and sessions for our students currently involved in the African Prisons Project (APP).

The APP offers high quality, accessible legal services to the most marginalised communities in East Africa through their training and leadership programme.

They operate in partnership with those who live and work within the justice system – from prisoners, to prisons staff and the judiciary – to those in government and other agencies, with individuals and organisations, towards a common goal, ensuring that everyone has access to justice.

Anita and the School Librarians have helped the APP Research Associates conduct their research effectively, using Westlaw. The research can be exported and shared with the group leaders from the APP which may be the first steps towards an African prisoner’s freedom.

Congratulations to Anita for the award and congratulations to both Anita and the Law School Librarians for a great collaboration!

Guest blog post: A student representatives’ perspective of the Times Higher Education awards ceremony

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Guest author: Mia Collins, 3rd Year Business and Management Student 

Currently in my final year of studying Business and Management, I have been fortunate enough to represent the department as its Lead Department Representative and the Finance, Business and Law faculty as its Learning, Teaching and Student Experience Committee member. These roles have demonstrated huge benefits to my educational and professional development, yet, the most monumental opportunity the positions have brought me is attending the Times Higher Education Awards in London. As a typical student does, I have had significant exposure to Bristol’s nightlife – but none of them compare to the night I had at the awards ceremony.

The night began on, rather, a stressful start; having only 1 hour to get to get ‘black tie’ ready, I was under significant pressure– for those who know me well enough, will understand exactly the level of stress I mean. Despite this, I was immensely excited. We ventured over to the JV Marriott Grovesnor House in London, where we were met with bubbly and snacks. Walking into the reception room, in itself, was an experience; everyone had gone above and beyond with their appearance and looked fantastic. Before the night had really began, this was a great opportunity for me to get to know the people who facilitate the day to day operations of UWE; as a team of 14 (2 being myself and Lily Liu, the only students in attendance), were able to get to know the likes of Steve West, Donna Whitehead and lot more. Before one too many glasses of prosecco, we got a #teamUWE picture:

(Don’t we scrub up well!)

After a chatter and a social, we were taken into the main awards hall. Merely walking towards the hall, you are greeted by the most amazing floor imaginable (see below). From the onset, everything about the night was glamourous. Once we (eventually) found our tables, we sat down to a starter of crispy salt cod fritter (essentially, the fanciest fish finger ever), followed by slow braised beef short rib with vegetables, finishing off with a Greek yoghurt tart and petits fours – yum.

As time went on, the more nervous we all became, and before we knew it, our category was up next. We had thankfully been shortlisted, for the second year in a row, Business School of the Year and were up against some intense competition. The category was announced… UWE’s participation was mentioned… a huge cheer from all of our 3 tables… on the very edge of our seats…the winner was announced… and THEN, ah. ESCP Europe Business School were awarded the winners of 2018. Despite not winning, this year(!), we didn’t lose spirit. We were up for Most Innovative Contribution to Business-University Collaboration. Again, we didn’t quite get it this time; we did, however, receive a special commendation for our efforts. Not all bad, eh?

The night didn’t end there – a disco was to follow. Thankfully, we were sat the closest to the stairs, so UWE were the first to get to the dancefloor. I must add, we took over the ENTIRE dance floor, truly a UWE takeover. The night didn’t purely involve partying, it was a great opportunity for me to develop my networking skills and get to meet some senior figures from all across the country – one in particular, the Sponsorship Director of the Times Higher Education awards. After hours of singing our hearts – out at the very top of our lungs – lunging and squatting(?) to the beat and showing the other universities why UWE really are the best, the disco came to an end – it takes a lot of skill and endurance to be the FIRST and LAST ones on the dancefloor, but we executed it so well.

We got back to our hotel in the early hours of the morning and, with no voice left and feet in agony from high heels, we sat in the lobby, each with our takeaway laughing and chatting until it was time for bed.

The night as an entity was phenomenal, I am incredibly grateful to be 1 of the 2 students fortunate enough to attend. I’ve not only taken away great memories from it but have also made great relationships with senior staff whom I would never usually have the opportunity meet. A huge thank you to everyone who facilitated the evening and made it as incredible as it was. Every day I am more and more honoured to represent UWE and everything we achieve. Bring on Business School of the Year 2019!

Below are a few photos from the evening:

   

Bristol Law School graduate named Human Rights Lawyer of the Year

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By Jeremy Allen, Media Relations

A Bristol Law School graduate has been named Human Rights Lawyer of the Year by the Law Society, the representative body for solicitors in England and Wales. Ravi Naik was awarded the accolade for work as a leading lawyer representing a client on the Cambridge Analytica case.

After receiving the award Naik, who is partner at Irvine Thanvi Natas Solicitors, said: “Receiving this recognition is fantastic and something I never expected. When I was a student at UWE I could only dream about winning this and it is a testament to the education received there and the people I have subsequently been lucky enough to work with,” he added.

The solicitor studied for a law degree at UWE Bristol, graduating in 2006. He later went on to work in London for the human rights organisation Reprieve to help release British detainees from Guantanamo prison. While at the organisation, he was involved in the case that led to the release of Binyam Mohamed, who was freed from the jail and returned to the UK in 2009.

Naik now works on cases that protect individuals’ data rights. These have included helping a client access their data on Tinder, which revealed 800 pages of information including photos, online chats, education among other data.

The lawyer and his team are also representing an individual on the case that has brought Cambridge Analytica to task about a large quantity of data, which it is accused of harvesting from Facebook profiles and using for political purposes. He is also the lead lawyer against Facebook for the related breach.

“As more and more authority has shifted from public to private entities, a new power relationship has arisen. For me, this work is about re-calibrating that imbalance,” he said. “My interest has always been to hold power to account and give voice to individuals. People have begun to understand that digital services they receive mean that they are often not as free as they might have been. We are starting to see the power of data rights as human rights.”

Human rights has been a topic of interest to Ravi for many years. His great uncle was one of the first Asian barristers to qualify in the UK, before he returned to India as part of the freedom struggle for independence. “He instilled in me this idea that by using the law you can effect change. Later I was lucky to work with some of the best lawyers, academics, journalists and others across the world. They helped me to understand how you can push boundaries in law to also bring about change in international jurisdictions.”

The award was presented at the Law Society Excellence Awards in London on 18 October by news presenter Mishal Husain and Law Society President Christina Blacklaws.

Congratulations Ravi!

Student blog post: Can the events that happened during the Maydan protests in Ukraine be qualified as crimes against humanity?

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This post (edited for publication) is contributed to our blog as part of a series of work produced by students for assessment within the module ‘Public International Law’. Following from last year’s blogging success, we decided to publish our students’ excellent work in this area again in this way. The module is an option in the second year of Bristol Law School’s LLB programme. It continues to be led by Associate Professor Dr Noelle Quenivet. Learning and teaching on the module was developed by Noelle to include the use of online portfolios within a partly student led curriculum. The posts in this series show the outstanding research and analytical abilities of students on our programmes. Views expressed in this blog post are those of the author only who consents to the publication

Guest Author: Susanna Lando 

November 2013: President Yanukovych announces that Ukraine will not be signing the European Association Agreement. Within a couple of days the situation gets out of hand. The question however is: are the acts committed enough to qualify as crimes against humanity under the International Criminal Court (ICC) Statute? In my opinion, they are.

After President Yanukovych’s decision went public, peaceful protests started in the capital Kiev. The facts are briefly outlined in the diagram I have made below (Euromaidan Press for details).

© Susanna Lando

Source: here

Although not a party to the Rome Statute, Ukraine accepted the jurisdiction of the ICC by a declaration under Article 12(3).The prosecutor however chose  not to continue the investigations on the basis that neither the widespread nor the systematic requirements were present (see I Marchuk, ‘No Crimes Against Humanity During the Maydan Protests in Ukraine? Or the ICC’s Prosecutor Flawed interpretation of Crimes Against Humanity?’ (2017) 35 Boston U Int’l LJ 50-55). The concept of crimes against humanity is outlined in Article 7 of the Rome Statute. Its chapeau contains two elements: the acts must be widespread or systematic and directed against a civilian population (see video for details). In addition, both an actus reus and a mens rea must be identified. The actus reus consists of acts of serious violence listed under Article 7(1)(a)-(k). The mens rea requires knowledge of the attacks on the civilian population, and the awareness that the acts constitute part of the attacks (ICTY, Prosecutor v Kunarac, para 99)

Let’s first look at the chapeau and whether it is fulfilled in relation to the events that took place during the Maydan protests. A civilian population comprises any person who is not a member of the armed forces (Article 50(1) of Additional Protocol I to the Geneva Conventions). A person ceases to be a civilian when he/she takes a direct part in the hostilities which is defined as the ‘(collective) resort by the parties to the conflict to means and methods of injuring the enemy’ (Interpretative Guidance on the Notion of Direct Participation in the Hostilities 43). In this case, however, the Maydan protests were performed peacefully and without weapons, therefore the individuals can be classed as civilians.

As the test for widespread or systematic is a disjunctive test (ICC, Situation in the Republic of Kenya, ICC, para 94), I will therefore only examine the requirement for systematic attacks. This concept was defined in Prosecutor v Katanga (ICC, para 394) and Prosecutor v Gbagbo (ICC, para 223) which referred to ‘the organised nature of the acts of violence and the improbability of their random occurrence’. The acts were frequent between December 2013 and February 2014 and they followed a clear scheme; there was an escalation in the choice of the different methods of violence: the beatings, the kidnappings, restrictive anti-protest laws, and finally the use of snipers and grenades. The pattern is, I believe, clear, and the acts were premeditated and planned as mentioned in Prosecutor v Akayesu (ICTR, para 580), which shows that the mens rea for the act was also present. Furthermore, it should be noted that the fact that they might have been committed for the President’s personal ends is irrelevant (ICTY, Prosecutor v Kunarac, para 103).

The specific crime concerned in this case in my opinion is persecution (Article 7(1)(h) Rome Statute). This entails three further requirements to the ‘chapeau’ of crimes against humanity. These include: ‘severe deprivation of fundamental rights contrary to international law (Commentary Rome Statute), on the basis of political, […] religious grounds or gender, and in connection with any act referred to in article 7(1)’.

With regards to fundamental rights being violated on the basis of discriminatory grounds, I believe there was a breach of Articles 7 and 10 of the ECHR in conjunction with article 14. Article 7 states that there shall be ‘no punishment without the law’. In this case the Maydan protesters were unlawfully arrested for charges with a higher penalty than the one applicable before the anti-protest laws. Article 10 refers to people’s freedom of expression which was clearly violated as the anti-protest laws cannot be viewed as falling within any of the lawful grounds for restrictions listed in the Convention (such as territorial integrity and prevention of crime). Finally, Article 14 regards discrimination on the basis of any ground such as ‘ethnicity, religion, political or other opinions […]’. The facts clearly suggest that the Ukrainian protesters were discriminated against because of their political ideas. Therefore both the first and second requirement for persecution are satisfied.

Finally, the acts must have been committed in connection to other acts enumerated in Article 7(1) of the ICC Statute. As Zimmermann explains, ‘[e]ven isolated acts […] will, if committed in connection with widespread or systematic acts of persecution, render those acts […] crimes against humanity’ (A Zimmermann, ‘Implementing the Statute of the International Criminal Court: The German Example’ in LC Vohrah et al (eds), Man’s Inhumanity to Man: Essays on International law in Honour of Antonio Cassese (Kluwer 2003) 977, 984). In my opinion it is therefore quite evident, based on the facts, that the beatings, kidnappings, shootings and anti-protest laws were aimed at intimidating and mistreating the population in order to force them to stop the protests.

Therefore, I argue that there are no doubts as to the nature of the crimes committed during the Maydan protests: they were crimes against humanity. Unfortunately, there has been a lack of interest in the application of international criminal law in this matter.

Student blog post: To which extent is it possible to include cultural genocide in the definition of genocide as stated in the ICC Statute?

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This post (edited for publication) is contributed to our blog as part of a series of work produced by students for assessment within the module ‘Public International Law’. Following from last year’s blogging success, we decided to publish our students’ excellent work in this area again in this way. The module is an option in the second year of Bristol Law School’s LLB programme. It continues to be led by Associate Professor Dr Noelle Quenivet. Learning and teaching on the module was developed by Noelle to include the use of online portfolios within a partly student led curriculum. The posts in this series show the outstanding research and analytical abilities of students on our programmes. Views expressed in this blog post are those of the author only who consents to the publication.

Guest author: Nikita Isaac

In this blog post I am addressing the highly topical issue of ‘cultural genocide’ and its potential inclusion in the definition of genocide. Whilst there is no legal definition of cultural genocide, we can still consider it as falling within the definition of genocide as stated in Article 6 of the ICC Statute. Several definitions of cultural genocide have been propounded by academics, one being a ‘purposeful weakening and ultimate destruction of cultural values and practices of feared out groups’ (pp 18-19). I believe that cultural genocide is present in many situations such as Darfur. This blog post argues that it is possible to include cultural genocide in the definition of genocide.

Signature of the Genocide Convention (Source: here.)

The work of Lemkin who coined the term genocide supports my view as in his broad definition he included cultural genocide alongside physical and biological genocide. He believed that physical genocide and cultural genocide were ‘one process that could be accomplished through a variety of means(D Short, ‘Cultural Genocide and Indigenous Peoples: A Sociological Approach’ (2010) 14 IJHR 833, 835), whether through mass killings or coordinated actions aimed at destroying essential foundations of group life.

The resulting definition in the ICC Statute is far from what Lemkin envisioned as still today cultural genocide is unrecognised legally. The travaux préparatoires of the Genocide Convention included a section on cultural genocide which was then excluded from the final version even though it had been deemed a serious human rights violation and thought to be a stand-alone crime. It is this version, that of the Genocide Convention, that was adopted in the ICC Statute. Political factors had played a part in the exclusion of cultural genocide as the United States were against formulating criteria relating to cultural genocide given their historical relationships with indigenous peoples (L Kingston, ‘The Destruction of Identity: Cultural Genocide and Indigenous Peoples’ (2015) 14 Journal of Human Rights 63, 65). So, ‘[t]he wording of the Convention was shaped … not to criminalize their own behaviour’ (C Powell, ‘What do Genocides Kill? A Relational Conception of Genocide’ (2007) 9 Journal of Genocide Research 527, 532).

The ICC Statute preamble states that parties to the statute are ‘[c]conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time’. Thus, if culture is a protected interest by the states that are parties to the ICC Statute why is cultural genocide not recognised?​​​​​​​

This picture shows how indigenous children were stripped of their cultural identity when forced into westernised schools. (Source: here.)

The example of what has happened to some indigenous groups in North America such as the Winnemem Wintu (see article by Kingston) substantiates my view that cultural genocide should fit within the definition of genocide. Cultural genocide affects these tribes as their culture and identity are stripped away over time and destroyed, though they may not suffer physical harm. The Winnemem Wintu are federally unrecognized (Kingston, p 70) by the US government and so are unprotected. Of the 14,000 Winnemem Wintu people only 123 remain (Kingston, p 70). They have continually lost land from the 1800s onwards (Kingston, p 70) and their cultural life as they know it is being decimated in front of their eyes. Their very means of life have been restricted through fishing bans, using plants for medicine and loss of ceremonial grounds (Kingston, p 70). The definition of genocide clearly does not safeguard indigenous people even though the loss of culture to them is just as devastating as loss of life (Kingston, p 72; see also this video). The UN Declaration of Rights for Indigenous People offers protection now, but it has taken over 60 years to reach this point and in that time indigenous people suffered detrimentally. I argue that culture can be seen as a fundamental human right. Yet, although this shows progress with regard to cultural issues, in no way does it criminalize the behaviour against indigenous people which means that there is still no international platform to criminalize cultural genocide.

This picture displays the shocking difference before and after a child was forced into school (Source: here.)

A case which reaffirms my opinion is Prosecutor v Krstic as it dealt with the genocide of Muslim men and boys in the safe area of Srebrenica (see video). It is interesting to note that the ICTY opened the discussion of cultural genocide stating that ‘[t]he destruction of culture may serve evidentially to confirm an intent, to be gathered from other circumstances, to destroy the group, as such (para 53). So, it is taken that cultural destruction satisfies the test of dolus specialis needed to fulfil the mens rea of genocide. Judge Shahabuddeen dissenting acknowledged, ‘it is not convincing to say that the destruction, though effectively obliterating the group, is not genocide because the obliteration was not physical or biological’ (para 50). So, referring back to the Winnemem Wintu, although they have not physically or biologically suffered, it does not mean that they have not suffered through other means. The Winnemem Wintu have suffered through losing their culture due to the construction of a dam on their historic and sacred land. This undoubtedly reinforces the claim that cultural genocide can be recognised via case-law despite not being expressly included in the statute of an international criminal tribunal.

(Source: here.)

Overall, I truly support the idea that it is possible for cultural genocide to be included in the definition of genocide as stipulated in the ICC Statute. As discussed, originally, a much broader definition of genocide was drawn up that included cultural genocide; however, this was excluded, thereby leaving indigenous people unprotected for decades. This has had a knock-on effect in the case law which, although making obvious references to cultural issues in relation to genocide, does not recognise ‘cultural genocide’ as a crime as such.

Voluntary work through UWE Bristol helps inmates in Kenya get a law degree

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Law students from Bristol Law School have helped inmates and wardens in prisons in Kenya to study for a law degree, by giving them access to course materials and providing legal tuition through a volunteer project over the summer.

Several students from UWE Bristol worked with the three biggest high-security correctional institutions in Kenya through the African Prisons Project (APP), a charity that gives inmates and prison officers the chance to study for a law degree through the University of London.

Twenty-five students (19 first years and six second and third years) first spent several months meticulously resourcing and downloading legal materials from the Westlaw and Lexis libraries, with the help of the faculty librarian.

They then sent these over to the men’s (but also some women’s) prisons to help the African students, given that most of the institutions do not have access to the internet. This provided the students with valuable reading materials they would otherwise not have been able to access, and led to them gaining higher marks in their final examinations.

Starting in July, five UWE Bristol law students then travelled to Kenya for four to 10 weeks, where they taught a foundation course for those inmates and prison officials looking to start the law degree.

Kathy Brown, who is senior lecturer in UWE Bristol’s department of law and who overseas student participation in APP, said: “Studying for a law degree has enabled the prisoners to gain a higher level of education, act as paralegals for other inmates and represent themselves in court. Many of them are given extreme sentences for relatively small crimes, such as being given death penalty for aggravated burglary, and are on remand for several years.

“Prison officers, who are badly paid, are also given the chance to learn a discipline and make a better life for themselves, as well as provide better support for the prisoners. Often this leads to them no longer seeing prison as a place of punishment but a place that must enable change for vulnerable members of society.”

In September former inmate Morris Kaberia was released from Kamiti high security prison, when his sentence was quashed after serving 13 years. Fellow inmates formed part of the legal team that prepared court documents and these helped him to defend himself successfully in court. During his second appeal, the court found that Kaberia’s rights at the original trial had been violated and ruled against both his sentence and conviction.

Although a free man, Kaberia still regularly attends Kamiti, one of the prisons UWE Bristol’s volunteers work with, to finish the final year of his law degree. Brown said: “It used to be notoriously violent and dangerous, but it isn’t anymore and I think the culture of education has made it a place of learning.

“By supporting APP to deliver legal education, our students have contributed to the likely success of hundreds of inmates being released due to the work of the inmate paralegals. Those students who undertake the LLB in prison are also more likely to be considered for presidential pardons.”

The five students who travelled to the East African country were selected based on their motivation, rather than on academic achievements so far on their law degree programme. UWE Bristol sponsored the trip by paying for expenses. “This was about giving students that would otherwise never have done these things, a chance to shine,” explained Brown.

Kelly Eastham, a second year law student who travelled to Africa as part of the scheme, said: “I never thought I would spend my summer working in three maximum security prisons in Kenya and that these would be the places that would inspire me the most. I am beyond moved by every single inmate and their motivation to achieve a law degree purely to help others with no regard for financial gain.”

Third year student George Ufumwen, who also volunteered, said: “I am very grateful for this opportunity as I would not have been able to finance this of my own accord. Integration into the project has given me new found confidence, as I was able to work closely with other students in a dynamic environment and gain a good understanding of how these skills work in a real life scenario.”

So far, through the APP scheme, which also works in Uganda, three inmates have graduated with the LLB law degree in Uganda and two in Kenya. Eight more are set to graduate in October.

Student blog post: With Reference to the Case-Law of the European Convention on Human Rights Do Prisoners Have the Right to Vote and, if yes, to which Extent?

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This post (edited for publication) is contributed to our blog as part of a series of work produced by students for assessment within the module ‘Public International Law’. Following from last year’s blogging success, we decided to publish our students’ excellent work in this area again in this way. The module is an option in the second year of Bristol Law School’s LLB programme. It continues to be led by Associate Professor Dr Noelle Quenivet. Learning and teaching on the module was developed by Noelle to include the use of online portfolios within a partly student led curriculum. The posts in this series show the outstanding research and analytical abilities of students on our programmes. Views expressed in this blog post are those of the author only who consents to the publication

Guest author: Magdalena Vakulova

Introduction

The right to vote has always been a hot topic. In fact, fights to achieve universal suffrage have been here for centuries, and still continue today. Even though the right to vote is one of the basic principles of democratic society and the strongest ‘say’ the citizen can have as well as one of the fundamental human rights encapsulated in Article 25 of the International Covenant on Civil and Political Rights (ICCPR) there are still many ambiguities over potential restrictions to this right.

The current law in the United Kingdom denies the right to vote to prisoners while incarcerated (People Act 1983, part 1 section 3). However, according to Hirst, a case decided by the European Court of Human Rights, the denial of right to vote for prisoners falls outside the given margin of appreciation as the automatic ‘blanket ban‘ contradicts the very essence of this right.

Referring to the relevant case law I will examine the right to vote for prisoners in the UK. I decided to focus on the UK because the judgment (Hirst v UK) was not only the first one in a long series of cases relating to universal suffrage for prisoners but was also applied in different jurisdictions across Europe. I will be arguing that even though the States were given a wide margin of appreciation to exclude prisoners from the voting process, this can only be done if it does not violate the whole essence of the right. In my opinion reasonable restrictions of this right should be allowed and approved as compatible with Article 3, 10 and 14 of the European Convention on Human Rights (ECHR)

Mr Hirst’s Argument

In this video Mr Hirst, convicted of murder, argues in favour of prisoners’ right to vote as a basic human right. 

The Right to Vote as the Basis of Democract

First, we must understand that the right to vote is not only a basic aspect of citizenship but also viewed as the ‘core principle’ (L Beckman ‘The Right to Democracy and the Human Right to Vote: The Instrumental Argument Rejected’ (2014) 13 Journal of Human Rights 381) of the democratic system (Watch this video which explains why a voting right for everyone is so important in a democratic society.) In order to ensure effective democracy within the State the basic human rights of every citizen (Scoppola v Italy, para 51) must be preserved and this without discrimination or unreasonable restrictions incompatible with the terms of the ECHR (Hirst v UK (paras 27 and 41)). Moreover, everyone’s right to participate in voting is implied in Article 21 of the 1948 Universal Declaration of Human Rights and more explicitly outlined in Article 25 of the ICCPR where the right to vote is established as a binding norm of international law. Further Article 3 of Protocol 1 to the ECHR states that the right to vote is not only the key aspect of effective political democracy but also an important element of the Convention system (Mathieu-Mohin and Clerfayt v Belgium, para 47). Therefore the exclusion of prisoners from the right to vote must be reconcilable with the purposes of Article 3 of Protocol 1 (Hirst v UK (No. 2), para 62). However, in my opinion, the UK has departed from this fundamental norm as it has prevented prisoners from exercising this basic right and so has fully blocked their access to the democratic system.

The Margin of Appreciation and UK Arguments 

In the case of Hirst v UK it was held that a blanket ban on prisoners’ right to vote under s. 3(1) of the 1983 Act is not compatible with Article 3 of Protocol 1. Even though the States are endowed with a wide margin of appreciation and the rights under Article 3 are not absolute, the automatic ban falls outside these margins (Hirst No 2, para 82) as it is not proportionate (Scoppola, paras 93-102; Hirst No 2, paras 76-85) (see also Sauvé v Canada (Supreme Court of Canada), paras 37 and 54-62).

The first  argument that the UK submitted to the European Court of Human Rights was that as prisoners had breached a social contract, they lacked moral virtue and therefore did not deserve this right. The second ground of the government’s reasoning was that this restriction was a punishment which helped enhancing civic responsibility (Hirst No 2, para 50).

The Response of the ECtHR to the UK Arguments 

The ECHR rejected the UK arguments. Firstly, it argued that the lack of moral virtue is contradictory to the fact that the State requires prisoners to fulfill other civic duties. Moreover the ECHR emphasized that the right to vote is a right and not a privilege (see also Sauvé, paras 14, 19-24 and 37; Hirst No 2, paras 59 and 75) which you deserve through a good moral virtue.

Secondly, it was held that incarceration per se is not a reasonable justification for violating fundamental rights. Whilst the ECHR to some extent approved the idea of a voting ban being understood as a punishment (Hirst No 2, paras 74-75, see also Dikson v United Kingdom) it however stressed that any such restriction  needed to have a clear link between the punishment and the restriction (see Hirst No 2, Joint Dissenting Opinion of Judges Wildhaber, Costa, Lorenzen, Kovler and Jebens, para 8 and Dissenting Opinion of Judge Costa, para 3). Yet, there was no such evidence that the UK had even thought about the link to the offense (see discussion by Weston) or any other justification of the punishment. In contrast the UK applied the automatic ban to every prisoner. The UK reasoning was not objective at any point and therefore I agree that the ban contradicts the very essence of the universal suffrage (see Mathieu-Mohin, para 52).

Conclusion 

In my opinion the reasoning of the European Court of Human Rights in Hirst was correct as the UK’s justification for the ban was discriminatory and not legally tenable. In this light I think that the UK should carry out debates and amend the current legislation so that the restriction of the right to vote is possible to some extent at least. Furthermore I believe that enfranchisement will help prisoners in their rehabilitation.

Future Impact Webinar Series: The exploitation of money by financial criminals – do you know enough?

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The second webinar, taking place on the 15th November from 12pm, in the Future Impact Webinar Series will aim to illustrate the threat posed by financial crime. The webinar concentrates on the current trends adopted by financial criminals towards disguising their proceeds of crime, the threat posed by terrorist financing and the problems associated with increasing levels of compliance.

Nicholas Ryder, Professor in Financial Crime, will head up a panel tackling these questions and the problems associated with increasing levels of compliance. Hosted by Dr Noordin Shehabuddeen, with guest panellists from PwC and Lexis Nexis, this webinar promises to tackle the big questions and leave you better prepared to take positive action to protect you and your business.

Nicholas is a Professor in Financial Crime who has authored four monographs: The Financial War on Terror (2015), The Financial Crisis and White Collar Crime (2014), Money laundering an endless cycle (2012) and Financial Crime in the 21st Century (2011). Nicholas has also published two edited collections The Financial Crisis and White Collar Crime – Legislative and Policy Responses (2017) and Fighting Financial Crime in the Global Economic Crisis: Policy, Trends and Sanctions (2014). He has also authored three text books The Law Relating to Financial Crime in the United Kingdom (2013 and 2016) and Commercial Law: Principles and Policy (2012).

The Bristol Business Engagement Centre (BBEC) at Bristol Business School is proud to present our Future Impact Webinar Series. This webinar series will feature exciting new developments in technology, science and management practice and highlight their impact on the future of business and society. Thought provoking yet practical, you will develop a better appreciation of what these advances will mean for you, your business and community.

Register for your free place here.

Bristol Law School launch inaugural UWE Bristol Student Law Review (UWESLR)

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This week the Bristol Law School proudly launched the inaugural issue of the UWE Bristol Student Law Review (UWESLR), edited by Dr Tom Smith, which showcases undergraduate student law research at UWE Bristol.

The future of legal research is, like the legal profession, dependent on our current students. We believe it is essential to both encourage the efforts of our students and to assist in the development of their research and writing skills.

This publication intends to do so by showcasing outstanding examples of research by undergraduate Law students at UWE. This fulfills twin objectives: to reward their endeavours by sharing their work with a wider audience, and to demonstrate to both their peers and others the quality of the research produced by our future academics and lawyers.

This issue includes three articles; these are based on the submissions of undergraduate students as part of the final year Dissertations module for the Law and Joint Awards programmes.

Annie Livermore writes about the use of surgical and chemical castration in the treatment of sex offenders; Amber Rush writes about the regulation, reintegration and rehabilitation of child sex offenders; and Georja Boag writes about the identification, protection, support and treatment of victims of human trafficking. All have produced excellent and engaging pieces of research, and should be congratulated for their efforts.

The Review represents part of an ongoing effort to make students a part of the academic research community within the Department of Law at UWE Bristol. The research culture of any university should reach beyond the individual and collective activity of professional researchers; students should feel part of the scholarly environment in which they are learning.

It is hoped that the Review will help to create an unbroken chain between academic and undergraduate research. In doing so, researchers can pass on their expertise and experience to the next generation of scholars, and students can better develop their skills.

We hope you enjoy reading it! The full  UWE Bristol Student Law Review (UWESLR) is available to read and download here.

Bristol Law School students attend annual Eid on the Wharf party

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On 28th September a diverse group of law students from Level 1 to LLM responded to the opportunity to attend an annual Eid on the Wharf party hosted by Clifford Chance and the Association of Muslim Lawyers (AML).

Koser Shaheen, Chair of AML, offered free tickets to UWE law students to attend the networking event at Clifford Chance’s Canary Wharf offices.  Facilitated by Dr. Zainab Kahn, interested students worked together to prepare for the trip.

First year LLB students Kashif Imambaccass and Lizzie Greco-Turner reflected on their experiences:

“Having only been studying at UWE for two weeks, this was our first law networking event. We were awestruck walking into the imposing thirty floor skyscraper at Canary Wharf that houses Clifford Chance. Once we arrived at the venue, we were greeted by fellow UWE students, ranging from second year LLB to LLM students.

The opportunity to network with 250+ city professionals, who were very impressive leaders in their field, gave us an invaluable insight into what a legal career in law entails.

The highlight of our evening was interacting with Halim Uddin, an associate at Clifford Chance. Uddin was down-to-earth and friendly, willing to answer all the questions we had on the work required to become an elite lawyer.

In addition to the networking, the Eid party exposed us to a number of Islamic speakers and entertainers.  We felt humbled listening to an address by Mohammed Kozbar, chairman of the Finsbury Park Mosque, who recently received the Queens Award for Voluntary Services.  Also on top of the list of entertainment was the engaging and often funny speech by Lauren Booth, referred to as one of the most ‘fascinating Muslim Personalities of our time’.

As Law is often portrayed as an exclusive profession, it was refreshing to network with a diverse team of lawyers from a wide range of backgrounds. Thanks to our lecturer Kathy Brown, who believed in us; we have obtained a drive to excel, to work harder and pave the way to becoming the very best of who we are. Now, the idea of working for one of the ‘Magic Circle’ firms, seem slightly less daunting.”

In accordance with the inclusive nature of the activity, travel was funded for the students by the Bristol Law School.