Intersex rights in the United Kingdom
Intersex people in the United Kingdom face significant gaps in legal protections in protection from non-consensual medical interventions, protection from discrimination. Actions by intersex civil society organizations aim to eliminate unnecessary medical interventions and harmful practices, promote social acceptance, equality in line with Council of Europe and United Nations demands. Intersex civil society organizations campaign for greater social acceptance, understanding of issues of bodily autonomy, recognition of the human rights of intersex people; the island of Jersey has enacted limited protections from discrimination. These do not protect an intersex person from unwanted medical interventions, nor address other issues raised in the Malta declaration. Hywel the Good's laws, c.940 CE, include a definition on the rights of hermaphrodites. Henry de Bracton's De Legibus et Consuetudinibus Angliae, c. 1235, classifies mankind as "male, female, or hermaphrodite", "A hermaphrodite is classed with male or female according to the predominance of the sexual organs."
The 17th-century English jurist and judge Edward Coke, wrote in his Institutes of the Lawes of England on laws of succession stating, "Every heire is either a male, a female, or an hermaphrodite, both male and female. And an hermaphrodite shall be heire, either as male or female, according to that kind of sexe which doth prevaile." The Institutes are held to be a foundation of common law. Accounts of intersex people include Hereford Mappa Mundi, a medieval map of the known world, includes a hermaphrodite, outside the borders of the world known to its makers. In the mid 19th-century, The Welshman newspaper published an account of a child on November 7, 1851. Another case was reported in 1906 by The Cambrian newspaper in Wales, on the death in Cardiff of an intersex child who, at post-mortem examination, was determined to be a girl. Known historical intersex figures in the UK include Sir Ewan Forbes, 11th Baronet of Craigievar, Dawn Langley Simmons, English author and biographer, Georgina Somerset, the first intersex person in the UK.
Prominent present day individuals include "national LGBT treasure" Sarah Graham, writer Iain Morland, Lady Colin Campbell, author of Guide to Being a Modern Lady, Lisa Lee Dark, Welsh opera singer and voice actress, Dee Palmer of Jethro Tull, Caroline Cossey. The first recorded suggestion to replace the term'hermaphrodite' with'intersex', in medicine, came from British physician Cawadias in the 1940s; this suggestion was taken up by other physicians in the UK during the 1960s. The Androgen Insensitivity Syndrome Support Group established in 1988, three years after an equivalent Australian group, some years before the Intersex Society of North America, it has since been joined by Organisation Intersex International UK, Intersex UK and the UK Intersex Association. Intersex UK co-founder Holly Greenberry spoke at the "first United Nations Human Rights Council side event on intersex issues" in March 2014, alongside Mauro Cabral and representatives of Organisation Intersex International Australia and Zwischengeschlecht.
She was quoted in a feature in The Independent stating: "We are at a tipping point... Most intelligent human beings would be surprised and utterly dismayed at the civil inequality and human rights abuses that healthy intersex children and young adults are facing."In a 2017 BBC News report, a representative of the Androgen Insensitivity Syndrome Support Group stated that doctors withheld truth about patients' diagnoses from their patients up until 2012. Specialists at the Intersex Clinic at University College London began to publish evidence in 2001 that indicated the harm that can arise as a result of inappropriate interventions, advised minimising the use of childhood surgical procedures. Data presented in recent years suggests. Creighton and others in the UK have found that clitoral surgeries on under-14s have increased since 2006, "recent publications in the medical literature tend to focus on surgical techniques with no reports on patient experiences". Parents are considered able to consent to feminizing or masculinizing interventions on their child, this may be considered standard for the treatment of physical disorders.
However this is contested where interventions seek to address psychosocial concerns. A BMJ editorial in 2015 stated that parents are unduly influenced by medicalized information, may not realize that they are consenting to experimental treatments, regret may be high; the editorial described current surgical interventions as experimental, stating that clinical confidence in constructing "normal" genital anatomies has not been borne out, that medically credible pathways other than surgery do not yet exist. A footnote to a House of Commons report on transgender equality in 2016 suggested that intersex medical interventions were matters of the past, the country denied such practices in statements to the UN Committee on the Rights of the Child the same year. However, this was belied by data presented to the UN Committee by intersex civil society organizations in 2016, including National Health Service Hospital Episode Statistics and clinical publications. In its concluding observations, the Committee expressed concern at "medically unnecessary surgeries and other procedures on intersex children before they are able to provide their informed consent, which entail irreversible consequences and can cause severe physical and psychological suffering, the lack of redress and compensation in such case
Gordon Slynn, Baron Slynn of Hadley
Gordon Slynn, Baron Slynn of Hadley was a British jurist specialising in European and International Law, a former judge of the European Court of Justice and Lord of Appeal in Ordinary. Slynn was born on 17 February 1930 to John and Edith Slynn and educated at Sandbach School, University of London, Trinity College, Cambridge, he was called to the Bar at Gray's Inn in 1956, becoming a Bencher in 1970 and Treasurer in 1988. He served as Junior Counsel to the Ministry of Labour between 1967 and 1968, he was the First Junior Treasury Counsel, or "Treasury Devil", from 1968 to 1974. Lord Denning said about Slynn in his capacity as such: "He was outstanding; the best I have known. He will go far." His successful application to take silk in 1974 coincided with his becoming the first Leading Counsel to the Treasury. He married Odile Marie Henriette Boutin in 1962, he was appointed Recorder of Hereford in 1971 and as a judge of the Queen's Bench Division of the High Court in 1976, receiving the customary knighthood, serving additionally as President of the Employment Appeal Tribunal from 1978.
In 1981, he left both these positions to become an Advocate General at the European Court of Justice, was appointed a Judge in 1988, a position he held until 1992. He was appointed a Lord of Appeal in Ordinary on 11 March 1992, becoming a life peer as Baron Slynn of Hadley, of Eggington in the County of Bedfordshire, being sworn of the Privy Council, he was a dissenter in the case R v. Brown, which upheld the legality of the criminal convictions resulting from Operation Spanner; as a member of the House of Lords, he served as Chairman of the House of Lords Select Sub-Committee on European Law and Institutions, as a member of the House of Lords Select Committee on Public Service and the Joint Parliamentary Committee on Corruption Bill. He retired as a Law Lord in 2002, he was appointed President of the Court of Appeal of the Solomon Islands in 2001 and was life President of the Lord Slynn of Hadley European Law Foundation and President of the Civil Mediation Council. From 1992-1996 he was President of The Academy of Experts.
He wrote a foreword to the book, How to Moot: a Student Guide to Mooting and sat as a judge in the Central and East European Moot Court. He was Honorary President of the Durham Mooting Society and an honorary member of the Jefferson Literary and Debating Society at the University of Virginia, he was a patron of Staffordshire University's Law School. Slynn was Patron of the UK wing of the Child in Need Institute, founded by his wife Odile Slynn to help poor mothers and children in India, he was a Trustee of The Loomba Trust, which cares for widows around the world, Patron of the Bharatiya Vidya Bhavan Institute for Indian art and culture. Slynn led a campaign to remove People's Mujahedin of Iran from the British and EU's blacklists. Slynn received honorary degrees from numerous institutions, was Visitor of Mansfield College, Oxford from 1995–2002 and of the University of Essex from 1995–2000, he was Chief Steward of Hereford between 1978–2008 and received the Freedom of the City in 1996, was President of the Bentham Club in 1992 and of the Holdsworth Club in 1993.
He was knighted in 1976. He was made a Knight of the Order of St John in 1998, having received the Order of St John in 1992, received the Grande Croix de l'Ordre de Mérite in 1998, he was appointed Knight Grand Cross of the Order of the British Empire in the 2009 New Year Honours for his services to the International Law Association which he served as Chairman of the Executive Committee. In 2000 he was presented with a 2-volume Liber Amicorum: Vol I, entitled Judicial Review in European Union Law, was edited by Professor David O'Keeffe and Antonio Bavasso. List of members of the European Court of Justice Who's Who 2009
The Daily Telegraph
The Daily Telegraph referred to as The Telegraph, is a national British daily broadsheet newspaper published in London by Telegraph Media Group and distributed across the United Kingdom and internationally. It was founded by Arthur B. Sleigh in 1855 as Daily Telegraph & Courier; the Telegraph is regarded as a national "newspaper of record" and it maintains an international reputation for quality, having been described by the BBC as "one of the world's great titles". The paper's motto, "Was, is, will be", appears in the editorial pages and has featured in every edition of the newspaper since 19 April 1858; the paper had a circulation of 363,183 in December 2018, having declined following industry trends from 1.4 million in 1980. Its sister paper, The Sunday Telegraph, which started in 1961, had a circulation of 281,025 as of December 2018; the Daily Telegraph has the largest circulation for a broadsheet newspaper in the UK and the sixth largest circulation of any UK newspaper as of 2016. The two sister newspapers are run separately, with different editorial staff, but there is cross-usage of stories.
Articles published in either may be published on the Telegraph Media Group's www.telegraph.co.uk website, under the title of The Telegraph. Editorially, the paper is considered conservative; the Telegraph has been the first newspaper to report on a number of notable news scoops, including the 2009 MP expenses scandal, which led to a number of high-profile political resignations and for which it was named 2009 British Newspaper of the Year, its 2016 undercover investigation on the England football manager Sam Allardyce. However, including the paper's former chief political commentator Peter Oborne, accuse it of being unduly influenced by advertisers HSBC; the Daily Telegraph and Courier was founded by Colonel Arthur B. Sleigh in June 1855 to air a personal grievance against the future commander-in-chief of the British Army, Prince George, Duke of Cambridge. Joseph Moses Levy, the owner of The Sunday Times, agreed to print the newspaper, the first edition was published on 29 June 1855; the paper was four pages long.
The first edition stressed the quality and independence of its articles and journalists: We shall be guided by a high tone of independent action. However, the paper was not a success, Sleigh was unable to pay Levy the printing bill. Levy took over the newspaper, his aim being to produce a cheaper newspaper than his main competitors in London, the Daily News and The Morning Post, to expand the size of the overall market. Levy appointed his son, Edward Levy-Lawson, Lord Burnham, Thornton Leigh Hunt to edit the newspaper. Lord Burnham relaunched the paper as The Daily Telegraph, with the slogan "the largest and cheapest newspaper in the world". Hunt laid out the newspaper's principles in a memorandum sent to Levy: "We should report all striking events in science, so told that the intelligent public can understand what has happened and can see its bearing on our daily life and our future; the same principle should apply to all other events—to fashion, to new inventions, to new methods of conducting business".
In 1876, Jules Verne published his novel Michael Strogoff, whose plot takes place during a fictional uprising and war in Siberia. Verne included among the book's characters a war correspondent of The Daily Telegraph, named Harry Blount—who is depicted as an exceptionally dedicated and brave journalist, taking great personal risks to follow the ongoing war and bring accurate news of it to The Telegraph's readership, ahead of competing papers. In 1908, Kaiser Wilhelm II of Germany gave a controversial interview to The Daily Telegraph that damaged Anglo-German relations and added to international tensions in the build-up to World War I. In 1928 the son of Baron Burnham, Harry Lawson Webster Levy-Lawson, 2nd Baron Burnham, sold the paper to William Berry, 1st Viscount Camrose, in partnership with his brother Gomer Berry, 1st Viscount Kemsley and Edward Iliffe, 1st Baron Iliffe. In 1937, the newspaper absorbed The Morning Post, which traditionally espoused a conservative position and sold predominantly amongst the retired officer class.
William Ewart Berry, 1st Viscount Camrose, bought The Morning Post with the intention of publishing it alongside The Daily Telegraph, but poor sales of the former led him to merge the two. For some years the paper was retitled The Daily Telegraph and Morning Post before it reverted to just The Daily Telegraph. In the late 1930s Victor Gordon Lennox, The Telegraph's diplomatic editor, published an anti-appeasement private newspaper The Whitehall Letter that received much of its information from leaks from Sir Robert Vansittart, the Permanent Under-Secretary of the Foreign Office, Rex Leeper, the Foreign Office's Press Secretary; as a result, Gordon Lennox was monitored by MI5. In 1939, The Telegraph published Clare Hollingworth's scoop. In November 1940, with Fleet Street subjected to daily bombing raids by the Luftwaffe, The Telegraph started printing in Manchester at Kemsley House, run by Camrose's brother Kemsley. Manchester quite printed the entire run of The Telegraph when its Fleet Street offices were under threat.
The name Kemsley House was changed to Thomson House in 1959. In 1986 printing of Northern editions of the Daily and Sunday Telegraph moved to Trafford Park and in 2008 to Newsprinters at Knowsley, Liverpool. During the Second World War, The Daily Telegraph covertly helped in the recruitment of code-breakers for Bletchley Park; the ability to solve The Telegraph's crossword in under 12 minutes was considered to be a recruitment test. The newspaper was asked to organise a crossword competition, after wh
Michael Mustill, Baron Mustill
Michael John Mustill, Baron Mustill, PC, FBA was an English barrister and judge. The son of Clement William and Marion Mustill, he was educated at Oundle School and St John's College, where he graduated with a Doctor of Laws in 1992, he served in the Royal Artillery from 1949 to 1951, was called to the Bar, Gray's Inn in 1955, became a Queen's Counsel in 1968 and a Bencher in 1976. Mustill was Deputy Chairman of the Hampshire Quarter Sessions in 1971, he was made Chairman of the Civil Service Appeal Tribunal in 1971 and Recorder of the Crown Court in 1972, holding both posts until 1978, when he was knighted. Mustill was a judge of the High Court, Queen's Bench Division from 1978 to 1985 and Presiding Judge, North Eastern Circuit from 1981 to 1984. From 1985 he was Chairman of the Judicial Studies Board until 1989, Chairman of the Departmental Committee on Law of Arbitration until 1990, Lord Justice of Appeal from 1985 to 1992. On 10 January 1992, he was appointed Lord of Appeal in Ordinary and in consequence created a life peer as Baron Mustill, of Pateley Bridge in the County of North Yorkshire.
In 1997, he retired as Lord of Appeal. Lord Mustill married twice, firstly in 1960 to Beryl Davies, they divorced in 1983, he was Honorary President of the Cambridge University Law Society. R v Brown 2 All ER 75 White v Jones AC 207 R v Secretary of State for the Home Department, ex parte Fire Brigades Union 2 AC 513 The Nagasaki Spirit 1 Lloyds Rep 323 Operation Spanner "DodOnline". Archived from the original on 7 December 2006. Retrieved 25 November 2006
Alan Turing law
The "Alan Turing law" is an informal term for the law in the United Kingdom, contained in the Policing and Crime Act 2017, which serves as an amnesty law to pardon men who were cautioned or convicted under historical legislation that outlawed homosexual acts. The provision is named after Alan Turing, the World War II codebreaker and computing pioneer, convicted of gross indecency in 1952. Turing received a royal pardon in 2013; the law applies in Wales. Several proposals had been put forward for an Alan Turing law, introducing such a law has been government policy since 2015. To implement the pardon, the British Government announced on 20 October 2016 that it would support an amendment to the Policing and Crime Act that would provide a posthumous pardon providing an automatic formal pardon for living people who had had such offences removed from their record. A rival bill to implement the Alan Turing law, in second reading at the time of the government announcement, was filibustered; the bill received royal assent on 31 January 2017, the pardon was implemented that same day.
The law only provides pardons for men convicted of acts. Manchester Withington MP John Leech described as'the architect' of The Alan Turing Law, led a high profile campaign to pardon Turing and submitted several bills to parliament, leading to the eventual posthumous pardon. Homosexual acts between men were illegal until the passing of the Sexual Offences Act 1967 in England and Wales, the Criminal Justice Act 1980 in Scotland, the Homosexual Offences Order 1982 in Northern Ireland; as the three regions are separate jurisdictions, many elements of criminal law are devolved matters in the United Kingdom, the British Government by convention, only legislated a pardon for England and Wales. Alan Turing, after whom the proposed law has been informally named, was a mathematician and founding father of computer science who died in 1954 in suspicious circumstances, following his conviction for gross indecency in 1952. A campaign to pardon Turing was led by former Manchester Withington MP John Leech, who called it'utterly disgusting and just embarrassing' that the conviction was upheld as long as it was.
Turing himself was pardoned posthumously through the royal prerogative of mercy under David Cameron in 2013, but contrary to the requests of some campaigners including Leech, the Astronomer Royal Martin Rees and the activist and journalist Peter Tatchell, his pardon was not followed by pardons for anyone else convicted. Leech submitted several motions and campaigned for half a decade as an MP for a more general pardon and continued to do so after losing his seat in the 2015 general election; the Protection of Freedoms Act 2012 proposed by David Cameron introduced the disregard procedure, under which men with an offence of "gross indecency between men" on their criminal record could petition to have these offences disregarded during criminal record checks by courts and employers, but fell short of an actual pardon. While in opposition, the Labour Party under Ed Miliband announced that it would introduce an Alan Turing law if elected at the 2015 general election; the Conservative Party under Cameron subsequently announced the same policy.
When Theresa May became Prime Minister following the resignation of David Cameron, she announced that her government would support the Alan Turing law. In June 2016, John Nicolson MP introduced a Private Member's Bill, the Sexual Offences Bill 2016–17, intended to implement the proposal. In October 2016, the Conservative government announced that, instead of supporting the Private Member's Bill's original proposal for a blanket pardon for all, it would enact the proposed changes through an amendment to the forthcoming Policing and Crime Bill 2016; this amendment would provide a posthumous pardon for the dead, make it easier for living individuals to clear their names, provide an automatic formal pardon for living people who had had such offences removed from their record through the disregard process. When Nicolson's bill was debated in Parliament on 21 October 2016, it was filibustered by Conservative MP Sam Gyimah and failed to proceed; the Policing and Crime Bill amendment passed, received royal assent on 31 January 2017.
The two differed in the process for dealing with cases where the conviction was for an act that would still be considered an offence under current law. Both attempted to exclude these, but Nicolson's bill provided an automatic pardon while the government bill required the petitioner to go through the "disregard process" first; this would mean that the Home Office will investigate each case involving living people to ensure that the act that the petitioner was convicted of is no longer considered a criminal act, to avoid pardoning men convicted of underage sex or rape. More controversially, this means that it would not pardon men who were arrested in public toilets, as they would today be guilty of the offence of "sexual activity in a public lavatory"; the government claimed that without this check, men who were convicted of such an offence would be able to claim that they had been pardoned. Nicolson disagreed and, backed by the LGBT campaign group Stonewall, said that the government was attempting to "hijack" the law by announcing the amendment just prior to the second reading of his Private Member's Bill, said that his bill excluded cases where the offence was still considered a crime.
The Nicholson bill would not have been able to clear criminal records of men who still carried convictions. This would still have to be done through the disregard process