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16 March 2012 / Roger Smith
Issue: 7505 / Categories: Opinion , Public , Human rights
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Mixed messages

Roger Smith keeps tabs on the government’s equivocal approach to human rights

The government’s somewhat schizophrenic attitude to human rights continued this month.
The Foreign Office continues to support a charter of rights to bind the Commonwealth—a recommendation of the report of an “eminent persons group” in 2009. Originally, the package included a Commonwealth Commissioner for Human Rights along the lines of the Council of Europe and the United Nations. Although supported by the UK, this was voted down last autumn.

David Cameron, whose support of human rights back home is more equivocal, has been fulsome in his praise of the Commonwealth’s initiative: “The Commonwealth is a great organisation, a third of the world’s population, 54 countries across six continents, a really great network, but it is a network that must have strong values. The eminent persons group report will strengthen those values particularly by having a charter setting out the rights, the freedoms, the democracy that we all believe in.”

The charter, however, ducks a number of difficult issues. It is strong on gender

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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