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constitutional advance for automatic rights to be published:

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Joined: 30 Jan 2004
Posts: 27

Post Post subject: constitutional advance for automatic rights to be published: Reply with quote

This has happened in Scotland. By implication it applies to the whole of Britain. Where else it applies, depends where else the generic nature of discrimination has been politically recognised.

Through the new proposals on a Commission For Equality and Human Rights, added to government funding of the Forum On Discrimination, since Nov 03, recognition has been established that discrimination is a generic problem not just confined to 4 or 6 types already covered by law, and that the existence of unrecognised forms of discrimination can be uncovered after going unknown. Discrimination is now a general concept. Hence major wrongs of group discrimination have gone unrecognised and discretrionary powers. So the media has failed in its theoretical constitutional role as a check against misuse of power.

This advance being reached, the case is proved for another advance in democracy that the state has no grounds to resist. Anything, an issue or a social insight or a harmful experience, that does not already have wide public recognition, now has a completely automatic right to be mass publicised. This means either published in writing or media covered, whichever form of communication suits the proponent.

From now on, this is an eternal essential principle of democracy, and any government that denies this colludes illegally with perpetuating and covering up discrimination.

This is also claimable based on the Education Additional Support For Learning Act, Scotland, and the Anti-Social Behaviour Acts throughout Britain.

The Education Act creates an entitlement for special needs children to have their own views taken and consulted with, in decisions for them. The types of special need newly understood since the 1980 act (in Scotland), such as Attention Deficit and Asperger Syndrome, and the harmful experiences of authoritarian education that preceded their recognition, compelled MSPs to accept this reform. It means the children and parents, in order to express their views, are entitled for all experiential evidence on past failiures of school practice and their results, to be publicly known, or else they would suffer disability discrimination. There follows an automatic right to publish these things.

The anti-social behaviour act. Autism and ADHD organisations believe the powers for anti-social behaviour orders could be used against behaviours associated with minority medical conditions, in lack of understanding, as has already happened to an ADHD boy in England playing in his garden. Religious or ethnic or gay discrimination may occur in the same way if culturally explained activities offend narrow minds and are taken as anti-social. In fact, this law is only workable in human rights terms if any potentially discriminatory situation arising under it is publishable by right.

There was a Scottish Civic Forum national conference on discrimination (Forum on Discrimination project) in Glasgow on Aug 28. As this constitutional claim for mass publishing rights for any unrecognised issue, was made at the conference, it is now in circulation by the Civic Forum as a public input into all democratic processes concerning discrimination. So there is now a focal place where the point's circulation can be referred to as happening, and it is no longer a point made by an isolated individual. So there is a stronger reference point for anyone who wants to take up and make use of it. All workers in fields concerning discrimination and all forms of minority have a duty to take it up on behalf of their clients.
Mon Aug 30, 2004 7:39 pm
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