scholarly journals At the Limits of Cultural Heritage Rights? The Glasgow Bajuni Campaign and the UK Immigration System: A Case Study

2018 ◽  
Vol 25 (1) ◽  
pp. 35-58 ◽  
Author(s):  
Emma C. Hill ◽  
Máiréad Nic Craith ◽  
Cristina Clopot

Abstract:In 2003, the Convention for the Safeguarding of Intangible Cultural Heritage (UNESCO ICH Convention) formalized provision for forms of heritage not solely rooted in the material world. This expanded the scope and accessibility of cultural heritage rights for communities and groups. To much commentary and critique, the United Kingdom (UK) infamously decided not to ratify the UNESCO ICH Convention. This article examines the implications of the UK’s decision not to ratify the Convention for the cultural heritage and human rights of an asylum-seeking group in Glasgow, Scotland, namely, the Glasgow Bajuni campaigners, members of a minority Somali clan. Based on participatory ethnographic fieldwork with the group and analysis of their asylum cases, this article makes two observations: first, that the UK’s absence from the Convention establishes a precedent in which other state actors (that is, immigration authorities) are emboldened to advance skepticism over matters involving intangible cultural heritage and, second, that despite this, limitations in current provisions in the UNESCO ICH Convention would provide the group with little additional protection than they currently have. Developing these observations, we critique current UK approaches to intangible cultural heritage as complicit in the maintenance of hierarchies and the border. Finally, we consider the extent to which the current provisions of the UNESCO ICH Convention might be improved to include migrant and asylum-seeking groups.

Public Law ◽  
2019 ◽  
pp. 680-754
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens

This chapter examines the use of human rights in the domestic courts of the UK. The chapter is organized as follows. Section 2 considers the main features of the Human Rights Act 1998 (HRA). Section 3 looks at the issue of judicial deference to the executive and Parliament in human rights situations. Sections 4 and 5 examine two case studies. The first of these is the litigation brought by Shabina Begum challenging her school’s decision preventing her from wearing a jilbab to school. The second case study considers the litigation that followed the enactment of Pt IV of the Anti-terrorism, Crime, and Security Act 2001, and the challenges to control orders imposed under the Prevention of Terrorism Act 2005.


Araucaria ◽  
2021 ◽  
pp. 147-171
Author(s):  
Andrew Mathers

The material effects of austerity in the United Kingdom (UK) have generated a resurgence of activist initiatives in the field of housing central to which is ACORN that has developed into a federated organisation contesting housing practices and policies at both local and national levels. ACORN is used to expand the examination of housing activism in Europe beyond the cases in Spain and Germany to the UK (Ordonez et al, 2015). This article also utilises the qualitative methodology of a comparative case study and the framework of ideological and social backgrounds, political repertoires and political logics to present and analyse ACORN. While ACORN displays striking similarities to other cases, it also represents a different trajectory in housing activism that combines direct action with an engagement with party politics as social democracy seeks to return to its roots.


2021 ◽  
Author(s):  
◽  
David Howell Shufflebotham

<p>This research is a study of the promotion to partner process in large law firms in the United Kingdom (UK). It is concerned with the application of tournament theory to such firms. In particular it is an examination of the ability of associate lawyers to monitor the implied promise that, in prescribed circumstances, they will have the opportunity of becoming a partner at their firms. In order to identify whether or not the rules of tournament theory on promotion to partnership hold true when set against the experiences of lawyers in large law firms operating in the UK, I established a theoretical framework based on a review of the relevant literature. I then tested that theoretical framework with data from two sources: case study interviews with partners at a large UK law firm; and a questionnaire distributed to a wider sample group of partners across a number of large UK law firms. The research found strong evidence to support the application of the core elements of tournament theory to large law firms in the UK. The research also found, however, that the implied promise envisaged by tournament theory was not the promise monitored by the individuals who took part in the research project.</p>


2011 ◽  
pp. 2177-2194
Author(s):  
Jyoti Choudrie ◽  
Vishanth Weerrakody

This article examines how horizontal integration between the various departments of a local authority in the United Kingdom (UK) occurs. Following that the aim of this article is to extract the “success factors” in government intervention that support horizontal and vertical integration based on the strategies pursued in the UK in order to render favourable results if applied elsewhere. The research methodology consisted of an in-depth case study that used the research tools of interviews and referring to archival documents. This research is timely as the maturity of e-government increases the issues of integrating processes and systems across various government departments becomes pertinent. The conclusion and lessons that can be learnt from this research is that e-government integration on a horizontal level obtains significant ef- ficiency and effectiveness as more and more public services are being centralized.


Public Law ◽  
2019 ◽  
pp. 484-500
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens

This chapter provides an overview of the themes covered in Part 4 of the book, consisting of Chapters 16 to 20. Chapter 17 examines the constitutional position of judges within the United Kingdom, looking in particular at judicial independence and at the process by which judges are appointed. Chapter 18 looks at redress mechanisms outside the court system—a terrain often referred to as the landscape of ‘administrative justice’. Chapter 19 examines the grounds on which the courts will judicially review the legality of actions taken by public authorities; Chapter 20 examines the use of human rights arguments against these authorities.


2019 ◽  
Vol 68 (2) ◽  
pp. 477-494
Author(s):  
Bríd Ní Ghráinne ◽  
Aisling McMahon

AbstractOn 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland's near-total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC's treatment of international law in this case. It argues that the UKSCt was justified in finding that Northern Ireland's ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.


2008 ◽  
Vol 3 (1) ◽  
pp. 36-49 ◽  
Author(s):  
Hilary Cremin ◽  
Paul Warwick

This article explores the theme of the ‘two faces of education’ by reviewing new policy directives in the United Kingdom to strengthen community cohesion in schools and their communities. These directives have resulted from growing disaffection with the aims and outcomes of multiculturalism. This article will investigate the ways in which this disaffection has resulted in both ‘quick fix’ politicised solutions, and in more genuine attempts to support young people to develop positive relationships with people from different ethnic backgrounds. It will suggest that whilst inequalities of educational outcome for different ethnic groups persist, schools will continue to be part of the problem, hence the second link with the theme of two (or more?) faces of education. In order to become part of the solution, schools internationally will need to adopt much more creative and complex approaches to the reduction of racism and inequality than those currently being proposed by the UK Government. A case study of an approach that has been used in many countries of the world, including Brazil and Canada, to engage young people in open dialogue, and to develop empathy and critical thinking is provided. The case study from a multi-ethnic college setting within the Midlands, United Kingdom, will illustrate how young people can be enskilled and empowered to consider key debates that have relevance to their lives as global citizens living in a culturally diverse community.


2007 ◽  
Vol 9 (1) ◽  
pp. 66-86 ◽  
Author(s):  
Javier García Oliva

The enactment of the Racial and Religious Hatred Act 2006 is the most recent legal mechanism developed to protect believers, beliefs and religious feelings in the United Kingdom. Despite the recognition of a certain degree of overlap between the different categories, this article proposes a broad distinction between legal devices which protect believers and those which safeguard beliefs and religious feelings. The common law offence of blasphemy is analysed, taking into consideration the response of both the UK courts and the European Court of Human Rights. The endorsement of the English law of blasphemy by Strasbourg is particularly relevant. Furthermore, this paper focuses on different instruments that, throughout the last few decades, have been articulated to protect the faithful, such as the crimes of religiously aggravated offences and the offence of incitement to religious hatred.


2016 ◽  
Vol 4 (2) ◽  
pp. 143-158
Author(s):  
Ibrahim Sirkeci

People move, finances move, so does the cultures, artefacts, goods and food. Remittances literature expanded significantly in the last two decades to cover more of what we refer to as social remittances. Social remittances refer to often intangible elements, cultural artefacts, habits, opinions, attitudes, beliefs, values transferred by migrants from destination countries to their home countries. Through studies on migrant remittances, we know that even in terms of financial transfers, remittances operate in corridors and in a two-way fashion. One third of remittances are sent to countries which are called “advanced economies”. United Kingdom, Germany, France are among the top remittance receiving countries as well as leading the table of sending countries. In this paper, I explore the ways in which social remittances change the foodscapes of destination countries with particular reference to Döner Kebab in the United Kingdom. Until two decades ago, Döner Kebab was a rare meal you would enjoy when holidaying in Turkey or if you happen to be in that cosy corner of North London. Nevertheless, in 2010s Britain, it became a popular fast food, particularly when it comes to what to eat after a night out. One may find an outlet selling Döner Kebab literally in every city, every town, every neighbourhood, every village in Britain. Multiple forces were in play in the making of Döner Kebab a British national food: 1) practicality of the food itself, 2) growing number of immigrants from Turkey arriving in Britain, 3) labour market disadvantages immigrants face, 4) asylum dispersal policies of the 1990s and 2000s, 5) declining incentives making small shops not viable economically, and 6) increasing number of British tourists visiting Turkey. In this article, a number of hypotheses are proposed for a conceptual model explaining the ways in which foreign food becomes part of the national food/cultural heritage in destination.


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