Saturday, 15 October 2011

Human Rights? Not for minors!

Article 5 of the Human Rights Act - Right to Liberty says:

"1) Everyone has the right to liberty and security of person. "

Shouldn't that be non-negotiable? Is it non-negotiable?

Apparently not. There are exceptions. One of them is this:

"(d) the detention of a minor by lawful order for the purpose of educational supervision..."

So does everyone have the right to liberty and security of person?

No. Minors don't.

(As a tribute to one of my favourite films - Galaxy Quest - I will say 'Minors not miners"! )

So what is the use of Article 5 of the Human Rights Act?

And why should minors (not miners) be exempt from its protective power?

And what is so important about education that - supposedly - carrying it out incurs a get out clause in Article 5 of the Human Rights Act?

Then we have Article 4...

Article 4: Slavery

(1) No one shall be held in slavery or servitude.

(2) No one shall be required to perform forced or compulsory labour.

(3) For the purpose of this Article the term "forced or compulsory labour" shall not include: (a) any work required to be done in the ordinary course of detention imposed in accordance to the provisions of Article 5 of this Convention or during conditional release from such detention;(b) any service of a military character or, in the case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;(d) any work or service which forms part of normal civic obligations.

Isn't education generally a form of slavery or servitude?

One definition of slavery:

"Slavery is a system under which people are treated as property and are forced to work.[1] Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation."

In other words, children are treated as property of the state in state educational factories and are forced to work. If they don't work they are punished. Children can be held against their will from the time they enter the state educational system; they are deprived of the right to leave (and, should they leave, they are branded as truants and their parents - as the children's legal represntatives- will fall foul of the law and be punished by it). Children can neither refuse to work nor demand compensation for the many years of servitude they pass through in the state educational system.

And, if you consider that minors cannot enter into contracts, the school as a contract is pretty meaningless.

Says a lot for the Human Rights Act (1998)...

A load of wind and watter, as my elder relatives would term it.

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