Skip to main content

Russian "guaranteed" rights are trampled

The regime in the Kremlin is out to annoy the UK as much as possible, but the actual losers are Russian citizens. Article 44 of the Constitution of the Russian Federation provides:
"(1) Everyone is guaranteed freedom of literary, artistic, scientific, intellectual and other types of creative activity and tuition. Intellectual property is protected by the law.
(2) Everyone has the right to participation in cultural life, to the use of institutions of culture, and access to cultural values."
This provision is in practice waste paper as individuals lose the opportunity to use British Council services. And the British Council's local employees particularly suffer as they lose their livelihoods for no reason - security men visit them late at night and make it clear on flimsy pretexts that they had better not turn up for work any more.
Will any Russian citizens take steps to get redress against this affront to their rights? Will any of them win, or even bring, a court case over the loss of their rights or their jobs? I'm not holding my breath.
In the case of State of Mauritius v Khoyratty (2006) the Privy Council said: “The idea of a democracy involves a number of different concepts. The first is that the people must decide who should govern them. Secondly, there is the principle that fundamental rights should be protected by an impartial and independent judiciary. Thirdly, in order to achieve a reconciliation between the inevitable tensions between these ideas, a separation of powers between the legislature, the executive, and the judiciary is necessary."
I do not believe any of these concepts applies in the Russian Federation today. Whatever kind of state it is, it is not a democracy.

Comments

Tristan said…
It sounds like the constitutions of many of the old (and current) communist countries - lots of noble ideas which are trampled on in practice.

Then again, the US constitution is trampled on a huge amount too.

Popular posts from this blog

Iran: the minority that will not let go

I am thinking about places in the world where women are oppressed. Iran for example. There, I gather, militia roam the streets intimidating and attacking women who behave or dress in ways of which they disapprove. In my country, such militia would be arrested and tried for public order offences. It is not that the British have no opinions about what is acceptable dress or behaviour in public and what is not. Of course we have opinions. But individuals behave in a way that is their own choice, provided that it does not contravene a specific law, and it may be a poor choice, but it is the individual's and not imposed. Live and let live, and mind your own business, are mottos here. And gangs who roam the streets trying to impose their own ideas on others tend to get arrested. So what essentially is different about Iranians? I suspect, nothing is. A minority of society suppose they have a superior social and ethical code but that is normal in any society. The trouble is tha...

Clegg on school vouchers - the evidence

Did Nick Clegg endorse school vouchers or didn't he? Well, the evidence that he did is rather strong. Not only Rachel Sylvester in the Telegraph on 29 October but also self-confessed Clegg fan Jasper Gerard, writing up an “exclusive interview” in the Observer on 21 October, state that he did. Gerard writes, quoting Clegg: "'I want a sense of empowerment on a daily basis for people accessing health care and good education.' Well that's clear. But he differs from free marketeer Tories in that 'having lived in Europe and had children born in hospitals in Europe, they have a far greater sense of equity in health and education. It is not like a supermarket but the patient, pupil or parent has entitlements which the provider of services has to meet.' So according to his 'pupil premium', parents would be given a voucher to spend in their preferred school; but while a flaw in such schemes is often that the savvy middle class pack the best schools, Clegg ...

Time to take stock

I think it is time for our MPs to take stock - to take a good hard look at the situation in which we find ourselves. It is up to them, in particular, for at least three reasons. First, under article 10.5 of the Federal Party constitution, no one can stand for leader unless proposed by at least ten per cent of our MPs. Second, it was a group of our MPs who forced Charles to resign, which under Article 10.2 triggered the leadership election back in the winter of 2005-2006. Third, a good proportion of our MPs proposed Ming, and when other candidates entered the contest, argued in Ming's favour that he would be a "safe pair of hands", and persuaded the membership to choose Ming, though not by an overwhelming majority. In short, a heavy responsibility lies on our MPs. I am just an activist with no real say in all this - just as I had no say in whether Charles ought to go, and had limited information on which to cast my leadership vote (though I had more information than a...