Why do we find modern human rights laws so controversial?
In short: Human rights are often viewed as settled truths, yet they remain subjects of intense public friction. From prisoner voting to immigration policy, these legal frameworks spark heated debate over where individual entitlements end and national sovereignty begins. Explore the tensions between historical development and contemporary practice.
Professor Sir Geoffrey Nice QC explores human rights law not as a static set of rules, but as an evolving framework that faces significant public criticism. In his lectures at Gresham College—an institution with a tradition of free public education dating back to 1597—Nice addresses the specific friction points that concern the British public today. These include the rights of prisoners to vote and complex issues surrounding immigration, deportation, and extradition law.
The tension often stems from how these rights are perceived versus their legal origins. Nice notes that if human rights exist as a special category of entitlement, they were forged through a long historical process spanning hundreds or thousands of years. Significant modern milestones include the UK's involvement in creating the Universal Declaration of Human Rights (UDHR) and the European Convention on Human Rights (ECHR) following World War II.
A key nuance Nice highlights is the perception of 'European' influence. He suggests that even those with liberal leanings may worry that immigration has gone too far or that extradition of foreign villains hasn't gone far enough. By using literary metaphors, such as King Lear’s loss of control over his domain, he invites listeners to consider how enshrined freedoms of movement might conflict with traditional concepts of national authority and the mastership of one's own land.
Nice brings a unique perspective to these discussions, having served as a high-profile prosecutor for cases involving genocide. His career includes prosecuting Slobodan Milošević from 2001 to 2006 and advising on humanitarian crimes in North Korea. This background provides a heavy weight of experience in international criminal justice, grounding the theoretical debates of human rights law in the practical reality of global atrocities.
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Sources
- Summary by Intellect · source: Human Rights: The Law - Professor Sir Geoffrey Nice QC
- Also: www.buckingham.ac.uk — Professor Sir Geoffrey Nice
- Also: Human Rights: The Law
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