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This case study focuses on the impact on the legal and policy debate at the domestic and international level of research carried out within the Centre for Research in Law (CRiL) on the legal protection of fundamental rights in situations of exception.
In particular, it discusses how the research in question has:
(a) assisted NGOs in shaping their strategies;
(b) informed the debate within international organisations;
(c) contributed to raising public awareness of issues relating to respect for fundamental rights in the context of counter-terrorism.
By raising awareness of the relevant legal constraints upon States and by assisting NGOs and international organizations, the research has contributed to reinforcing the protection of the fundamental rights of individuals belonging to specific groups and, more broadly, to the strengthening of the rule of law at both the domestic and international level.
Research conducted by Dr Liora Lazarus and colleagues at Oxford helped shape public and parliamentary debate on the merits of a domestic Bill of Rights for Britain. Some had argued that if Britain were to replace the Human Rights Act (HRA), which allows rights in the European Convention on Human Rights (ECHR) to be argued before domestic courts, with a British Bill of Rights, the government would gain greater flexibility, e.g. in addressing terrorist threats. The research showed that to be incorrect. This finding informed Reports to the Ministry of Justice, was influential in hearings of the Joint Committee on Human Rights and among human rights professionals, and was later used in Ministry of Justice training materials for judges on the nature of `proportionality' in human rights adjudication. It has situated one of the most controversial debates in British politics on a more secure evidential foundation, and provided reliable information to governments and others on the way courts can be expected to handle certain human rights cases.
Skogly's research has significantly contributed to the understanding of how and to what extent states' human rights obligations go beyond the territorial borders of states. Increased globalisation has led to the need to address the human rights effects of states' international actions and operations, and Skogly's research in this area has directly influenced the development of authoritative principles regarding ETOs, and these are now actively used by NGOs and the United Nations. The case study focuses on how research findings have enabled NGOs and UN bodies to understand, articulate and apply states' extraterritorial human rights obligations.
University of Birmingham research for the DETECTER project identified legal and moral standards that detection technologies in counter-terrorism must meet in relation to privacy, discrimination and criminal justice. The project surveyed current and foreseeable applications of detection technologies, and explored their implications for human rights and ethics. The impact was achieved by a series of meetings held under Chatham House rules bringing together technology developers, counter-terrorism police, intelligence and policy makers with a network of ethicists, lawyers and NGO representatives. Advice was offered to policy makers on how to take counter-terrorism measures that protect both the security of European citizens and their human rights. This advice influenced the preparation of professional codes of conduct for users and developers of counter-terrorism and border-control technologies, informed review and authorization of surveillance applications by police officers, and contributed to the implementation of privacy solutions in the development of new products used in detection (e.g. body scanners).
The research examines how the use of norms and standards of human rights and equality law are used to measure human rights performance through `human rights and equality impact assessment'. The work has been directly used by the UN Office of the High Commissioner for Human Rights (Pacific and Geneva), the UN Special Rapporteur on the Right to Food, the Canadian Government, and the Scottish Human Rights Commission (SHRC), and has been influential both in developing and in changing policy. It has also been used by a wide range of civil society organisations in the UK, Europe, Pacific, India and Canada, and has informed debates at all levels of government.
Essex research on developing quantitative indicators for assessing countries' performance on human rights and democracy has informed the work of a number of international organisations. Professor Todd Landman's research has been used by the UN Office of the High Commissioner for Human Rights in its provision of assessment frameworks and by the UN Development Programme in its work on democratic governance and sustainable development. Landman's research on democracy underpins the main resources employed by the inter-governmental organisation, International Institute for Democracy and Electoral Assistance (IDEA), based in Sweden. These resources have been translated into four languages and are used to assess the quality of democracy throughout the world. He also provides training for International IDEA's 150 members of staff on the measurement and assessment of democratic performance.
Emerging from investigations of social exclusion during the 1990s, the Unit's research into minority rights has led to outputs and consultancy ranging across political participation, identity, rights protection and international criminal law. The impact claimed here falls in two main channels. Firstly, research on socio-economic group rights, amplified by Castellino's work as co-chair of the relevant UN delegated group, has made a significant input into the UN Sustainable Development Goals (SDGs) 2015-30. Secondly, research has been incorporated into practice and capacity- building through projects involving judiciaries, advocates, statutory bodies, and NGOs. Beneficiaries include the public across 194 states who will benefit from implementation of SDGs over their 15 years lifespan; and civil society bodies and their users.
Under Jersey law, the right to inherit property has historically been affected by factors such as the legitimacy of a child and the gender of a spouse. This research, which was commissioned by the Jersey Community Relations Trust, concluded that aspects of the law were discriminatory and did not comply with human rights legislation. As a direct result of the research the law was amended so that illegitimate children were given the same fixed rights of inheritance as legitimate ones, and the fixed rights of inheritance of a widow and widower are now unified.
The predominant perception of the relationship between Islamic law and international human rights law is that of one grounded in conflict, with Islamic law often presented as fundamentally incompatible with the tenets of international human rights. Mashood Baderin's research challenges this notion, arguing that, while the two legal systems operate differently in terms of scope and application, they also share important commonalities that facilitate the fulfilment of human rights obligations in Muslim states. The research has resulted in Baderin's appointment to a number of high-profile advisory roles that have enabled a significant contribution both to the guaranteeing of human rights in Islamic countries, and to the shaping of UK foreign policy.
Professor Sheldon Leader has worked on assessing the impact of foreign direct investment on human rights and sustainable development. This research has analysed investment contracts that have been damaging for human rights in developing countries, and Leader's work has resulted in recommendations for better human rights protection in future investment contracts. His recommendations have been adopted in new contracts, such as that between BP and the government of Turkey. His analyses of damaging investment, through his work as Director of the Essex Business and Human Rights Project, have informed the work of NGOs such as Amnesty International and Global Witness, and his consultations have contributed advice to the work of the UK's Foreign and Commonwealth Office to develop a government strategy on business and human rights.