Alice Donald | Middlesex University (original) (raw)
Papers by Alice Donald
On 15 November 2023, the UK Supreme Court (UKSC) unanimously declared the government’s policy of ... more On 15 November 2023, the UK Supreme Court (UKSC) unanimously declared the government’s policy of removing some asylum seekers to Rwanda to process their claims unlawful. Like the Court of Appeal, it found substantial grounds for believing that asylum seekers would face a real risk of ill-treatment because of insufficient guarantees against refoulement. This post explores the origin and significance of the UKSC judgment and the legal and policy implications of the UK government’s immediate response to it.
Routledge eBooks, 2012
This chapter considers how far the Human Rights Act 1998 has been, or could be, used to confront ... more This chapter considers how far the Human Rights Act 1998 has been, or could be, used to confront poverty and social exclusion in the UK.
The Human Rights Law Implementation Project (HRLIP) brought together four academic institutions w... more The Human Rights Law Implementation Project (HRLIP) brought together four academic institutions with a human rights specialism (Bristol, Essex, Middlesex and Pretoria) and the Open Society Justice Initiative (OSJI). The aim of the project was to examine the factors which impact on the implementation of human rights judgments and decisions through a study of nine states across Africa (Burkina Faso, Cameroon and Zambia), the Americas (Canada, Colombia and Guatemala), and Europe (Belgium, the Czech Republic and Georgia). The project traced the implementation of (i) selected decisions deriving from individual complaints to UN treaty bodies; and (ii) selected judgments and decisions of the bodies in the three regional human rights systems. Around ten cases (or clusters of cases) per state were examined in detail, in order to elucidate the factors that tend towards compliance (or non- or partial compliance). In so doing, the HRLIP aimed to provide answers to why states (fail to or only pa...
research carried out for the Commission by commissioned researchers. The views expressed in this ... more research carried out for the Commission by commissioned researchers. The views expressed in this report are those of the authors and do not necessarily represent the views of the Commission. The Commission is publishing the report as a contribution to discussion and debate. Please contact the Research Team for further information about other Commission research reports, or visit our website:
The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring e... more The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.
Social Science Research Network, 2023
Parliaments and the European Court of Human Rights, 2016
Routledge eBooks, Mar 25, 2022
Foreign Policy Centre, Dec 16, 2020
The article analyses the UK’s relationship with the Council of Europe. Traditionally, a strong su... more The article analyses the UK’s relationship with the Council of Europe. Traditionally, a strong supporter of the Strasbourg mechanisms, relations in recent years have been decidedly rocky. Nevertheless, the article argues that in the post-Brexit era, the time is ripe for the UK to reset its relationship with the Council of Europe and reclaim the moral and political leadership that it once showed
Review of 'Debating Social Rights' by Conor Gearty and Virginia Mantouvalou (Hart, 2010
This Opinion draws on recent research into modern Bills of Rights processes commissioned by the E... more This Opinion draws on recent research into modern Bills of Rights processes commissioned by the Equality and Human Rights Commission (EHRC). In this Opinion it is argued that the coalition government must give careful consideration to how (if at all) it proposes to create a Bill of Rights, including potentially significant obstacles presented by devolution. The author then goes on to identify some principles and policy imperatives suggested by the evidence collected from the EHRC's research project which might inform the design of a Bill of Rights process or against which it might be held up to scrutiny.
Research Handbook on Compliance in International Human Rights Law, 2021
This chapter focuses on the United Kingdom’s long—and, of late, troubled—relationship with the Eu... more This chapter focuses on the United Kingdom’s long—and, of late, troubled—relationship with the European Convention on Human Rights system and its compliance with judgments of the European Court of Human Rights in Strasbourg. It also refers to arrangements for compliance with the UK’s obligations in respect of United Nations human rights treaty bodies. Section 2 outlines the history of the UK’s relationship with the European Convention system and the incorporation of most Convention rights and freedoms into domestic law by means of the Human Rights Act 1998. Section 3 discusses the paradox presented by, on the one hand, the intense controversy surrounding human rights in the UK and, on the other hand, its relatively strong record of implementing judgments of the Strasbourg Court. As discussed at section 4, this record of success is partly due to the robust institutional arrangements that exist to ensure compliance with supranational human rights rulings at the level of the executive, Parliament and the judiciary—arrangements that exemplify the primary responsibility on states to secure the rights and freedoms set out in the Convention in accordance with the principle of subsidiarity. Yet this record is not unblemished: section 5 discusses the contrasting responses to two Strasbourg judgments—on prisoner voting rights and on the retention of biometric data—to illustrate the political character of the implementation process. Section 6 examines the role of civil society. Section 7 concludes.
Parliaments and the European Court of Human Rights, 2016
Parliaments and the European Court of Human Rights, 2016
The UK and European Human Rights : A Strained Relationship?
Routledge eBooks, Mar 25, 2022
The COVID-19 pandemic underscored the indivisibility and interdependence of human rights, as stat... more The COVID-19 pandemic underscored the indivisibility and interdependence of human rights, as states’ pre-existing failure to realise economic and social rights, especially the right to health, exacerbated the spread of the virus, in turn creating the conditions for authoritarian power grabs and severe incursions into rights of all kinds. This chapter argues that it is mistaken to conceive of COVID-19 – or future pandemics – principally as a threat whose eradication requires rights to be sacrificed. Nor do human rights hinder decisive action to contain disease. Rather, human rights standards and principles offer a means of transparently balancing competing priorities in the cauldron of decision-making during a health emergency. The chapter synthesises trends in states’ human rights performance during the pandemic and explains the wide-ranging nature of their obligations. It explores routes to accountability for governments’ actions and omissions and discusses the human rights dimension of access to vaccines, and ‘immunity certificates’. The chapter concludes by looking ahead to the application of human rights in the post-COVID-19 world and preparedness for future pandemics.
On 15 November 2023, the UK Supreme Court (UKSC) unanimously declared the government’s policy of ... more On 15 November 2023, the UK Supreme Court (UKSC) unanimously declared the government’s policy of removing some asylum seekers to Rwanda to process their claims unlawful. Like the Court of Appeal, it found substantial grounds for believing that asylum seekers would face a real risk of ill-treatment because of insufficient guarantees against refoulement. This post explores the origin and significance of the UKSC judgment and the legal and policy implications of the UK government’s immediate response to it.
Routledge eBooks, 2012
This chapter considers how far the Human Rights Act 1998 has been, or could be, used to confront ... more This chapter considers how far the Human Rights Act 1998 has been, or could be, used to confront poverty and social exclusion in the UK.
The Human Rights Law Implementation Project (HRLIP) brought together four academic institutions w... more The Human Rights Law Implementation Project (HRLIP) brought together four academic institutions with a human rights specialism (Bristol, Essex, Middlesex and Pretoria) and the Open Society Justice Initiative (OSJI). The aim of the project was to examine the factors which impact on the implementation of human rights judgments and decisions through a study of nine states across Africa (Burkina Faso, Cameroon and Zambia), the Americas (Canada, Colombia and Guatemala), and Europe (Belgium, the Czech Republic and Georgia). The project traced the implementation of (i) selected decisions deriving from individual complaints to UN treaty bodies; and (ii) selected judgments and decisions of the bodies in the three regional human rights systems. Around ten cases (or clusters of cases) per state were examined in detail, in order to elucidate the factors that tend towards compliance (or non- or partial compliance). In so doing, the HRLIP aimed to provide answers to why states (fail to or only pa...
research carried out for the Commission by commissioned researchers. The views expressed in this ... more research carried out for the Commission by commissioned researchers. The views expressed in this report are those of the authors and do not necessarily represent the views of the Commission. The Commission is publishing the report as a contribution to discussion and debate. Please contact the Research Team for further information about other Commission research reports, or visit our website:
The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring e... more The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.
Social Science Research Network, 2023
Parliaments and the European Court of Human Rights, 2016
Routledge eBooks, Mar 25, 2022
Foreign Policy Centre, Dec 16, 2020
The article analyses the UK’s relationship with the Council of Europe. Traditionally, a strong su... more The article analyses the UK’s relationship with the Council of Europe. Traditionally, a strong supporter of the Strasbourg mechanisms, relations in recent years have been decidedly rocky. Nevertheless, the article argues that in the post-Brexit era, the time is ripe for the UK to reset its relationship with the Council of Europe and reclaim the moral and political leadership that it once showed
Review of 'Debating Social Rights' by Conor Gearty and Virginia Mantouvalou (Hart, 2010
This Opinion draws on recent research into modern Bills of Rights processes commissioned by the E... more This Opinion draws on recent research into modern Bills of Rights processes commissioned by the Equality and Human Rights Commission (EHRC). In this Opinion it is argued that the coalition government must give careful consideration to how (if at all) it proposes to create a Bill of Rights, including potentially significant obstacles presented by devolution. The author then goes on to identify some principles and policy imperatives suggested by the evidence collected from the EHRC's research project which might inform the design of a Bill of Rights process or against which it might be held up to scrutiny.
Research Handbook on Compliance in International Human Rights Law, 2021
This chapter focuses on the United Kingdom’s long—and, of late, troubled—relationship with the Eu... more This chapter focuses on the United Kingdom’s long—and, of late, troubled—relationship with the European Convention on Human Rights system and its compliance with judgments of the European Court of Human Rights in Strasbourg. It also refers to arrangements for compliance with the UK’s obligations in respect of United Nations human rights treaty bodies. Section 2 outlines the history of the UK’s relationship with the European Convention system and the incorporation of most Convention rights and freedoms into domestic law by means of the Human Rights Act 1998. Section 3 discusses the paradox presented by, on the one hand, the intense controversy surrounding human rights in the UK and, on the other hand, its relatively strong record of implementing judgments of the Strasbourg Court. As discussed at section 4, this record of success is partly due to the robust institutional arrangements that exist to ensure compliance with supranational human rights rulings at the level of the executive, Parliament and the judiciary—arrangements that exemplify the primary responsibility on states to secure the rights and freedoms set out in the Convention in accordance with the principle of subsidiarity. Yet this record is not unblemished: section 5 discusses the contrasting responses to two Strasbourg judgments—on prisoner voting rights and on the retention of biometric data—to illustrate the political character of the implementation process. Section 6 examines the role of civil society. Section 7 concludes.
Parliaments and the European Court of Human Rights, 2016
Parliaments and the European Court of Human Rights, 2016
The UK and European Human Rights : A Strained Relationship?
Routledge eBooks, Mar 25, 2022
The COVID-19 pandemic underscored the indivisibility and interdependence of human rights, as stat... more The COVID-19 pandemic underscored the indivisibility and interdependence of human rights, as states’ pre-existing failure to realise economic and social rights, especially the right to health, exacerbated the spread of the virus, in turn creating the conditions for authoritarian power grabs and severe incursions into rights of all kinds. This chapter argues that it is mistaken to conceive of COVID-19 – or future pandemics – principally as a threat whose eradication requires rights to be sacrificed. Nor do human rights hinder decisive action to contain disease. Rather, human rights standards and principles offer a means of transparently balancing competing priorities in the cauldron of decision-making during a health emergency. The chapter synthesises trends in states’ human rights performance during the pandemic and explains the wide-ranging nature of their obligations. It explores routes to accountability for governments’ actions and omissions and discusses the human rights dimension of access to vaccines, and ‘immunity certificates’. The chapter concludes by looking ahead to the application of human rights in the post-COVID-19 world and preparedness for future pandemics.
Routledge Handbook on Law and the COVID-19 Pandemic , 2022
The COVID-19 pandemic underscored the indivisibility and interdependence of human rights, as stat... more The COVID-19 pandemic underscored the indivisibility and interdependence of human rights, as states’ pre-existing failure to realise economic and social rights, especially the right to health, exacerbated the spread of the virus, in turn creating the conditions for authoritarian power grabs and severe incursions into rights of all kinds. This chapter argues that it is mistaken to conceive of COVID-19 – or future pandemics – principally as a threat whose eradication requires rights to be sacrificed. Nor do human rights hinder decisive action to contain disease. Rather, human rights standards and principles offer a means of transparently balancing competing priorities in the cauldron of decision-making during a health emergency. The chapter synthesises trends in states’ human rights performance during the pandemic and explains the wide-ranging nature of their obligations. It explores routes to accountability for governments’ actions and omissions and discusses the human rights dimension of access to vaccines, and ‘immunity certificates’. The chapter concludes by looking ahead to the application of human rights in the post-COVID-19 world and preparedness for future pandemics.
The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring e... more The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.