Category - Liberties

Amnesty International approves policy supporting decriminalization of sex trade

AP, August 12

London – Amnesty International approved a controversial policy Tuesday to endorse the de-criminalization of the sex trade, rejecting complaints from some women’s rights groups who say it is tantamount to advocating the legalization of pimping and brothel owning.

At its decision-making forum in Dublin, the human rights watchdog approved the resolution to recommend “full decriminalization of all aspects of consensual sex work.” It argues its research suggests decriminalization is the best way to defend sex workers’ human rights.

“We recognize that this critical human rights issue is hugely complex and that is why we have addressed this issue from the perspective of international human rights standards,” said Salil Shetty, Secretary General of Amnesty International. “We also consulted with our global movement to take on board different views from around the world.”

After Freddie Gray

The Kingsley decision creates a crucial new constitutional protection against police abuse.

Slate, By Mark Joseph Stern, June 22

In April of 2010, five police officers put Michael Kingsley face down on a cement bunk in a holding cell, shocked him with a stun gun for five seconds, then left him alone, writhing in pain with his hands cuffed behind his back, for 15 minutes. Kingsley sued the officers, claiming they violated his constitutional rights by using excessive force. He lost.

On Monday, the Supreme Court gave Kingsley a second chance, ruling that the trial court gave the jury bad instructions. In a narrow sense, the decision turns on a technical question of intent. In a broader sense, though, the ruling is a blast of good news for opponents of police brutality—an emphatic declaration that the Constitution bars police from beating and abusing suspects in custody.

At the heart of Kingsley v. Hendrickson is a pretty straightforward question of intent. During the trial, the judge told the jury that Kingsley must lose unless he could prove the officers knew their actions could unduly harm Kingsley but went through with them anyway. Under that high standard, Kingsley lost. It’s incredibly difficult to prove law enforcement intentionally deprived suspects of their constitutional rights. Just ask the family of Michael Brown.

But Kingsley argued that he shouldn’t have to prove the officers were subjectively aware that their use of force was unreasonable. By forcing him to convince a jury that the officers had a malicious state of mind, Kingsley believed, the court made him clear too high a hurdle to vindicate his constitutional rights. Rather, Kingsley insisted that he should only have to prove that their use of force was objectively unreasonable to win his suit.

A bare majority of the Supreme Court agreed with Kingsley, sending the case back down to an appeals court to decide whether the error was so grave that Kingsley must be given a new trial. The dry majority opinion by Justice Stephen Breyer barely hints that the decision will have an impact beyond Kingsley’s case. But in reality, Kingsley constructs a crucial new constitutional protection against police abuse—a protection especially vital in the shadow of Freddie Gray’s shocking death.

With Little Fanfare, Mexican Supreme Court Legalizes Same-Sex Marriage

New York Times, By Randcal C. Archibold * Pauline Villegas, June 14

Mexico City – His church turned him away, his family discouraged him from a public fight and the government of the state where he lives vowed it would never happen.

But it did. Hiram Gonzalez married his boyfriend, Severiano Chavez, last year in the northern state of Chihuahua, which, like most Mexican states, technically allows marriage only between a man and a woman.

Mr. Gonzalez and dozens of other gay couples in recent months have, however, found a powerful ally: Mexico’s Supreme Court.

In ruling after ruling, the court has said that state laws restricting marriage to heterosexuals are discriminatory. Though the decisions have been made to little public fanfare, they have had the effect of legalizing gay marriage in Mexico without enshrining it in law.

The Supreme Court Just Killed One of the Country’s Most Extreme Anti-Abortion Laws

Mother Jones, By Pema Levy, June 15

The Supreme Court killed one of the nation’s most extreme anti-abortion laws on Monday.

The justices declined to hear a case concerning the constitutionality of a North Carolina law that required women seeking an abortion to submit to a mandatory ultrasound. The law also compelled physicians to show women the images and describe the fetus in detail. Unlike similar laws in Texas, Wisconsin, and Louisiana that include some exceptions for victims of rape or incest, the North Carolina measure made no exceptions for rape, incest, health risks to the mother, or severe abnormalities in the fetus.

Most abortion cases center on the rights of pregnant women, but this one hinged on doctors’ First Amendment right to free speech—or in this case, their lack of freedom to choose what to tell their patients. The North Carolina law, passed in 2011 over the veto of then-Democratic Gov. Bev Perdue, was struck down by a federal district court in North Carolina. The Fourth Circuit agreed that the “compelled speech provision” was unconstitutional. By refusing to take the case, the Supreme Court has assured that the law remains dead.

Bill C-51: Canada’s new McCarthy era where advocating for action against climate change is terrorism, By John Bennett, Executive Director, Sierra Club of Canada, May 31

First, I’d like to acknowledge the terrible incidents that took place last fall here in Ottawa and in Quebec and share our deepest sympathies for the families. We are very much aware of the threats and support all appropriate measures to protect Canadians. However, we are concerned about Bill C-51 because it casts too broad a net and will very likely undermine the freedoms it is supposed to protect.

The Sierra Club Canada was founded back in 1892, making us probably the oldest conservation organization in North America. We’ve been active in Canada for over 50 years, and we have a number of chapters and groups across the country. We are a volunteer-led, democratic organization. Our members elect the board of directors in annual elections, and our volunteers work along with staff to preserve and protect our natural environment.

Although we employ a wide range of tactics to draw attention to important issues, it’s a clear policy of Sierra Club Canada Foundation to only engage in legal activities. To my knowledge, no one has broken the law in the name of the club in the last hundred years.
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Ireland Votes to Approve Gay Marriage, Putting Country in Vanguard

New York Times, By Danny Hakim & Douglas Dalby, May 23

Dublin — Ireland has become the first nation to approve same-sex marriage by a popular vote, sweeping aside the opposition of the Roman Catholic Church in a resounding victory Saturday for the gay rights movement and placing the country at the vanguard of social change.

With ballots from 34 out of the 43 voting areas counted, the vote was almost two to one in favor of legalizing same-sex marriage. All but one of the districts that were counted voted yes, and it appeared to be statistically impossible for opposition votes to overcome the ayes.

Turnout was large — more than 60 percent of the 3.2 million people eligible to vote cast ballots. Government officials, advocates and even those who had argued against the measure said that the outcome was a resounding endorsement of the constitutional amendment.

Irish Times: Marriage Referendum
Irish Times: Marriage Referendum Results
Irish Times: Ireland becomes first country to approve same-sex marriage by popular vote

Passport Canada To Crack Down On Terror Suspects, Sex Offenders

The Canadian Press, May 7

Montreal – Ottawa says it is introducing passport measures to prevent people they call would-be terrorists and sex offenders from travelling abroad.

The changes would allow authorities to cancel, revoke or refuse passports for national security or terrorism purposes.

Public Safety Minister Steven Blaney and Citizenship Minister Chris Alexander made the announcement on Thursday at Montreal’s Pierre Elliott Trudeau International Airport.


Blaney and Alexander also said people who have their passports revoked or cancelled will have to wait 10 years before applying for another.


“We won’t allow the Canadian passport to be used as a tool by terrorists to carry out unspeakable acts of violence, criminal acts, and Canada will not tolerate this type of behaviour,” he told a news conference at the airport.

UN aid worker suspended for leaking report on child abuse by French troops

Anders Kompass said to have passed confidential document to French authorities because of UN’s failure to stop abuse of children in Central African Republic.

The Guardian, By Sandra Laville, April 29

A senior United Nations aid worker has been suspended for disclosing to prosecutors an internal report on the sexual abuse of children by French peacekeeping troops in the Central African Republic.

Sources close to the case said Anders Kompass passed the document to the French authorities because of the UN’s failure to take action to stop the abuse. The report documented the sexual exploitation of children as young as nine by French troops stationed in the country as part of international peacekeeping efforts.

Kompass, who is based in Geneva, was suspended from his post as director of field operations last week and accused of leaking a confidential UN report and breaching protocols. He is under investigation by the UN office for internal oversight service (OIOS) amid warnings from a senior official that access to his case must be “severely restricted”. He faces dismissal.

The treatment of the aid worker, who has been involved in humanitarian work for more than 30 years, has taken place with the knowledge of senior UN officials, including Zeid Ra’ad Al Hussein, the high commissioner for human rights, and Susana Malcorra, chef de cabinet in the UN, according to documents relating to the case.

The “War on Cash” in 10 Spine-Chilling Quotes

Wolf Street / Naked Capitalism, By Don Quijones, April 27

The war on cash is escalating. As Mises’ Jo Salerno reports, the latest combatant to join the fray is JP Morgan Chase, the largest bank in the U.S., which recently enacted a policy restricting the use of cash in selected markets; bans cash payments for credit cards, mortgages, and auto loans; and disallows the storage of “any cash or coins” in safe deposit boxes. In other words, the war has moved on from one of words to actions.

Here are ten quotes that should chill the spine of any individual who cherishes his or her freedom and anonymity:

1. Kenneth Rogoff (from the intro to his paper The Costs and Benefits to Phasing Out Paper Currency):

Despite advances in transactions technologies, paper currency still constitutes a notable percentage of the money supply in most countries… Yet, it has important drawbacks. First, it can help facilitate activity in the underground (tax-evading) and illegal economy. Second, its existence creates the artifact of the zero bound on the nominal interest rate.

In other words, cash (not money) is the source of all evil and must be destroyed because governments can’t trace its every movement, and it represents a limiting factor on central banks’ ability to continue their insane negative-interest-rate experiment.

The Trans-Pacific Partnership: Toward Absolutist Capitalism

Naked Capitalism, By Lambert Strether, April 20

There are many excellent arguments against the Trans-Pacific Partnership (TPP), two of which — local zoning over-rides, and loss of national sovereignty — I’ll briefly review as stepping stones to the main topic of the post: Absolutist Capitalism, for which I make two claims:

1) The TPP implies a form of absolute rule, a tyranny as James Madison would have understood the term, and

2) The TPP enshrines capitalization as a principle of jurisprudence.

Zoning over-rides and lost of national sovereignty may seem controversial to the political class, but these two last points may seem controversial even to NC readers. However, I hope to show both points follow easily from the arguments with which we are already familiar. Both flow from the Investor-State Dispute Settlement (ISDS) mechanism, of which I will now give two examples. more

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