“Studying for a PhD at Birkbeck is one of the best decisions I have ever made in my life!”

Zambia-born Kasoka Kasoka, who describes himself as a very proud ‘Birkbeckian’ alma mater, reflects on his time working on a PhD in Law at Birkbeck and his achievements since graduating in 2018.

Kasoka Kasoka at graduation

Kasoka Kasoka at graduation

Tell us about your education before Birkbeck

I am from Lusaka and Zambian. In 2007 I moved to the UK where I enrolled to study for a Bachelor`s degree through the University of London International Programmes. I obtained a Bachelor`s degree in Law in 2011. Upon the completion of my degree I was admitted to study at Maastricht University in the Netherlands where I studied for a Masters degree in Forensics, Criminology and Law. I obtained my Master`s degree in 2013.

Why did you choose Birkbeck?

Firstly, I decided to enrol here because of Birkbeck`s massive ranking as one of the best research universities in the World. And yes, it is! Secondly, I applied to study here because I was attracted to the College`s interdisciplinary research study approach. As a result, my research as a doctoral student cut across; law, human rights, philosophy, sociology, anthropology, history, bioethics, and public health. Engaging in an interdisciplinary research project afforded me a rare opportunity to become an interdisciplinary thinker, be open-minded, and embrace new ideas.

Thirdly, true to its name as a research-intensive university, Birkbeck comprises of academics and researchers who are renowned experts in their fields. Thus, my great former PhD supervisors, Professor Matthew Weait and Dr Eddie Bruce-Jones, are very respected researchers and authorities in their various fields. They are exceedingly knowledgeable and  down to earth. And finally, but not exhaustively, I decided to study here due to the supportive student and staff community at Birkbeck. I indeed received a lot of support during my study from fellow PhD students, academic and research staff, and administrative staff members.

What were your relationships like with staff and other students?

I loved the critical approach to study and work culture at Birkbeck. I found my fellow PhD students to be really smart, friendly and supportive – this was endearing. As if this was not enough,  both academic and non-academic staff were very approachable, attentive and supportive. I had a lot of academic staff who were not my PhD supervisors avail me with research insights and suggested various research material to read – as a goodwill gesture. This was priceless in my doctoral study journey!

Inevitably, I was sad to leave Birkbeck when my studies came to a conclusion,  to leave behind such a great community. Nonetheless, I am still happy that I have stayed in touch and maintained the various friendships and networks I had the privilege of forming while studying at Birkbeck. Indeed, “once a Birkbeckian forever a Birkbeckian”!

It was a great honour to forge  invaluable friendships and networks with students and staff members from diverse backgrounds. I consider Birkbeck to be one of the most diverse universities in the UK.

Did you use any of Birkbeck’s additional support and activities?

I had the opportunity to intuitively avail myself to various societies and student clubs at the University, including various PhD students` social groups. Birkbeck has a lot of societies and social groups with various activities.  So, I was always happy to retire from my studies to unpack my mind by joining fellow students for some good fun. I especially enjoyed playing football! As they say “all work and no play make Jack a dull boy”!

Can you tell us more about your research project?

The purpose of my research was to investigate and analyse the appropriateness of individual autonomy in the context of informed consent HIV testing requirements in Zambia, and sub-Saharan African countries by extension.

Tell us about your experience of living in the UK.

I really loved living in London. London is no doubt one of the greatest cities to live in. What I liked most about the city is the diversity of its population. Thus, I was privileged to meet many people from every part of the world who brought with them various rich cultures, including great cuisines! With such a profoundly rich experience I agreed with Robert Endleman (1963) who observed that human beings in terms of cultures “are vastly various and yet laughably alike”! I also loved English pub food! And the museums, wow! – museums were often my favourite place of respite whenever I needed to briefly divorce myself from the usual business of life and time-machine myself into the past to admire and converse with ancient Egyptians, Greeks, Romans, Chinese, Persians, Africans, Americans, Europeans and Indians who had no internet! And behold, the British Museum is only about three minutes-walk from Birkbeck! London is also pregnant with breath-taking gothic cathedrals and other non-church buildings.

(I need to mention that there are much more things for one to see and enjoy in London than what I can enumerate – there is almost everything for everyone to see, smell, taste, hear, touch and enjoy. That`s the magic of London!)

However, living in London comes with its own downsides: especially the high costs of accommodation and transport. Food is surprisingly affordable!

Life after Birkbeck

Kasoka Kasoka at a United Nations Human Rights Council (HRC) Session

It was sad saying goodbye to my community of friends and networks when my studies concluded. After completing my studies at Birkbeck, I was offered a scholarship by the Ministry of Foreign Affairs, Finland to study on an intensive postgraduate international human rights course at the Institute for Human Rights, Åbo Akademi University. Upon the completion of the course in Finland, I was an Intern at the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Geneva, Switzerland. Later I worked as a Legal Intern at the World Health Organization (WHO) headquarters in Geneva. The experiences and illuminations I gained from these intergovernmental organisations are invaluable! I am a strong believer, follower and advocate that,

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

Currently, I am writing a research paper for journal publication, as I keenly continue to follow my career goals, and seek to contribute, no matter how tiny, to improving the wellbeing of our common humanity, without prejudice or discrimination. Indeed, as it has been said before as human beings, we are all as weak as the weakest link (other human being whose rights are not respected, protected and promoted) living among us in our society. My study at Birkbeck (through its critical review approach) and experience at the United Nations has made me see this reality clearer than never before.

What advice would you give other people thinking of studying at Birkbeck?

I highly recommend Birkbeck, University of London! You will study at a university that is known for research excellence with renowned academics; you will study in a supportive environment, with quality teaching; at the end of your studies you will graduate with a prestigious University of London qualification, and not forgetting you will become a Birbeckian; and at the end of your studies you will not look at the world the same way!

As for me, studying for a PhD at Birkbeck is one of the best decisions I have ever made in my life, and I am a very proud Birbeckian alma mater.

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Wesley’s journey on the Freshfields Law Scholarship

Birkbeck Law student Wesley Manta has recently been awarded a prestigious Freshfields Stephen Lawrence Scholarship, marking the second time that a Birkbeck student has been chosen for the mentoring and scholarship programme. In this blog, Wesley discusses his journey so far on the scheme.

I was recently awarded the Freshfields’ Stephen Lawrence Scholarship, along with 13 others across the country. The scholarship seeks to address the disproportionate under-representation of black and black-mixed race men from less privileged backgrounds in large commercial law firms, and more recently in other City careers. The scholarship award is a mixture of mentoring and interning opportunities with law firms and other commercial City firms. The scholarship programme lasts for 15 months and is aimed at complementing our busy university schedules. Though we have just begun the programme, it is clear that the programme will provide a lot of value to our professional growth.

My journey started with the insight meeting. The insight meeting was an opportunity for potential candidates to understand more about the scholarship, what Freshfields were looking for in their scholars and what the scholarship programme would entail. It was a great day, with guests from Freshfields, Bank of England and AON. Though this meeting was not compulsory, it is definitely recommended, especially as we had the opportunity to speak to former and current scholars about helpful tips for the application form.

The next step of the journey was to submit a formal application. Part of the application included producing a video with the theme “My Story”. I was grateful enough to have some friends who had some video-editing skills to help with my video. Birkbeck helped fill out the application, including giving a recommendation. The support I received from Birkbeck was exemplary throughout this process.

The final stage was attending the two-day assessment centre. The assessment centre was an exhausting array of challenging exercises, created to test several aspects of the candidates. There was a theme throughout the assessment centre which really added to idea of the exercises being tasks that clients may ask us to do in a professional setting. The exercises were hard to complete but getting to meet and network with dozens of black men in the same position as I was a wonderful part of the two days.

My cohort, the 2019 scholars, have already begin meeting and learning. In our first group meeting, meetings that are scheduled to take place roughly once a month, we were treated to several lectures by senior people from Freshfields and some of their clients. We learnt the basics of maintaining a professional looking LinkedIn page, how to protect our reputation and some tips and tricks for landing a great first impression.

I am eternally grateful to Baroness Lawrence and Freshfields for providing me with this opportunity. Breaking into the commercial world is not easy, as there are so many rules and ways of working which we are never taught in university. Through this scholarship, I hope to be able to gain the practical knowledge required to succeed in the City.

Further information:

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Why I chose to study Law with a Foundation year

Rebecca Wills, an aspiring barrister, decided to study Law at Birkbeck with a foundation year to get the best possible preparation for the LLB. Having her lectures and seminars in the evening has meant she’s been able to get a head start on her career by volunteering at a magistrates’ court during the day.

The law is the foundation in everything that we do and it is immersed into many disciplines. This is what attracted me to study law.Also, as an aspiring barrister, I want to make a difference inside and outside the courtroom.

I believe if I didn’t study law, I would remain ignorant to a lot of issues that are going on in the world when it comes to human rights abuses, alongside the historical significance behind the creation of the law itself and other moral issues. Once you know and understand the law it can protect and provide you with many advantages. When I graduate, I hope to have a successful career in law as a barrister or solicitor’s advocate.

“Studying in the evening suits my independent learning style.”

I was inspired to study at Birkbeck after my telephone interview with Professor Bill Bowring. I decided to enrol because it is a university based on critical theory and analysis, which I believe I excel in. Because lectures and seminars take place in the evening, I am able to volunteer at a magistrate’s court during the daytime. I also find evening study suits my independent learning style. I love to study during the daytime and feel I am more productive when it comes to self-learning during these hours. I read once that the human brain can absorb most information during the first three hours after waking up and the last three hours before we go to our bed which fits in with how I study and learn.

I wanted to ensure that studying and taking on a career in law was the right decision for me.  After having a conversation with my sixth form head of year, the foundation year option seemed like the best course of action to take to ensure I obtained the right skills and best preparation for the LLB. I knew that studying law required a lot of reading; however I didn’t know much else about it. I thought taking the foundation year would best equip and prepare me for advancing onto the LLB.

Prior to embarking on the foundation year course, I prepared myself by attending Birkbeck workshops on note-taking, critical thinking, critical writing, critical reading, critical listening etc.

The School of Law, Birkbeck

 “The foundation year was challenging, but it made me more open minded in the way that I evaluate situations. It provided a useful transition between A-level and degree-level study.”

The foundation year was challenging and required a lot of hard work. Nonetheless, it was useful and insightful. The literature was not always easy to read, particularly when reading lengthy cases with complex vocabulary. Of course, in order to understand all the readings, it was essential to define all terms and read actively and critically. As a result, time-management became a really important skill that I honed in on.

The year provided a useful transition between A levels and degree-level study, because the course itself moulded and enabled me to adapt to different teaching styles. The course challenged my moral compass on multiple issues when it came to life and death situations, where the defendant was seen to be in the wrong. It made me more open minded in the way that I evaluate situations.  It prepared me for the workload that I would undertake for the first year of the LLB as I gained insight into the level of work required at university level. It increased my awareness of the importance of independent study.

To other students thinking about taking the law foundation year, I would say:

  • Utilise this time as practice for the LLB.
  • Take the course seriously – don’t underestimate it as being easy because it’s a foundation course.
  • Make use of the feedback given from lecturers after doing assessments.
  • Always ensure that you email the lecturers and keep in communication with them.
  • Take action after reading the feedback.
  • Never be afraid to ask questions if you don’t understand something or you want to confirm your Answer to a question is correct or accurate – no question is stupid.

“You need to proactively engage with the law, by going beyond the reading list.”

Do not rely on the lectures too much, you must become an independent learner and get used to the idea of trying to become the teacher of the subject yourself. The lecturers provide students with an outline during lectures and guidance on how to navigate legal resources and materials. However, they are not there to do your work for you. It is vital that you immerse yourself within the subject. This means attending every lecture and seminar even if you think it’s of no significance to you. This also involves proactively engaging with the law, by going beyond the reading list and further reading list, as well as answering all homework and seminar questions in detail.

Try to find your own way of working. Time-manage yourself, and work hard at being the best version of yourself as everyone learns at a different pace. You must believe that you can do it, and you must always aim for the highest possible grade.

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The importance of attending Law firm Open Days

Oliver Chinyere, LLM Qualifying Law student, gives an insight into the Open Days on offer at Law firms for students considering legal careers. 

For those interested in entering the legal profession as solicitors after studying at Birkbeck, an Open Day gives law students an opportunity to peek inside what their future may hold. Open Days offer exceptional advantages by giving students an intimate look at the firm’s office, employees and culture. In November, I was fortunate enough to attend Accept, Clifford Chance’s LGBT-focused Open Day.

For any student seeking a training contract, it’s important that you attend an Open Day at whatever firm you’re interested in to meet and hear directly from existing employees. Although I wasn’t able to stay for the full slate of programming, I found the event incredibly beneficial for several reasons. Not only was I able to meet and network directly with people from a similar background to myself but was able to secure tips which will prove handy during the application process should I choose to proceed. Clifford Chance’s recruitment team actually ran a session full of helpful tips on how to make your application stand out.

For anyone embarking on a new career and entering a new workplace, understanding the office culture is critical to determining whether or not you see a space for yourself there. In addition to hearing from existing employees who convey what led them to the firm, we heard from alumni who had moved on from the firm to other roles. A good indication of any potential place of employment is the number of former employees who still speak highly of their experience and how it influenced the next steps in their career!

Another benefit is the ability to poke and prod and really dig beneath the surface. At Accept, we were able to hear directly from Regional Managing Partner, Michael Bates and ask him questions. In fact, I would argue that one of the chief benefits of attending Open Days is your ability to be candid, ask questions and gather the information you need to make your decision! Becoming a lawyer is all about elucidating the facts so it’s excellent practice.

In summary, attending Open Days are a great way to see what your future job and company may entail. It’s an opportunity every Birkbeck law student interested in pursuing a career as a solicitor should aim to embark on, especially if you plan on applying for a training contract. If you’re looking for more resources, LawCareers.net provides a helpful timeline of events tailored to ‘non-law’ students (or those looking for a career change). They also provide a helpful list of training contract deadlines.

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From asylum seeker to student: how the Compass Project changed my life

An asylum seeker from Sri Lanka, who successfully applied to the Compass Project, tells of how he became a student at Birkbeck and his ambitions to help future asylum seekers have their voices heard.

My name is SJ. I belong to an oppressed ethnic minority in Sri Lanka, the Tamils. Due to my ethnicity and my political views, I was abducted and tortured. Therefore, I was unable to pursue higher education. I had basic school education in Sri Lanka and fled to the United Kingdom in 2010 when I was 17-years-old.

While my asylum case was under processing, I was unable to keep up with life as it took different stages every day. There was no one to help me find things or to advise me. At first, I did not even know how to use a microwave oven and ended up eating the food ice cold. I was left to sleep in a parking garage at a house. I struggled and felt strange. It was a haunting experience for me. There was nobody to hear what I had to say. Instead, they heard only what they wanted to hear. Those days were filled with solitude and emptiness. With whom should I share? How much should I share? Is it okay to share? Such questions crowded my mind. And they kept me drowned in thoughts and fear all the time.

Years passed. So much has happened between the years 2010 and 2014. I was homeless for a while and slept on the street while having chicken pox. The house owner did not let me stay in their garage as his wife was pregnant at that time. It was a fair concern and who am I for them to take extra care? By 2012, I was living with a friend in Doncaster. I was desperate to talk to someone and I was lucky to meet someone who had gone through what I had gone through in Sri Lanka.

In 2014, I gave up on myself and handed myself over at a police station as a failed asylum seeker. I was being a burden to my friend and I could not cope up with my life. I was detained in an immigration detention centre for about five months. I was able to witness the dark side of the UK while I was there. It was horrendous in many ways, from the food given to the detainees to how they are being treated.

The detention centre atmosphere forced me to relive my dark days in Sri Lanka. I was not aware of the pains and feelings that were hidden inside me until I was locked away. I used to isolate myself in a room for years. But living behind the big gates and razor wires made me feel so scared and unsecured. I met people of many kinds there. They belonged to different ethnicities and culture. They spoke various languages. There were few Sri Lankans as well. I faced various situations there, such as many violent incidents, suicide attempts, deaths, riots, and riot police invasions. I was so broken at that time and lost all hope. So, I went on a hunger strike to kill myself. I thought that life was not worth living.

One day the doctor at the detention centre examined me and told me that they must move me to a different detention centre, which has an inpatient bed, as my kidneys started to malfunction. I had weekly reviews and one of the detention supervisors told me that I could be the next one to die in detention if I was not given medical treatment. It frightened me. Those words echoed what I heard back in Sri Lanka.

From 2010, I took up learning English as a challenge. I have used resources such as YouTube, Google, newspapers, reading English books with the help of an English-to-Tamil dictionary and listening to conversations and observing the method of communication in the community. I could not possibly be able to explain the hard work I put in to learn English here. While I was in detention, I had some help from a charity. I explained to them the situation through the English I had learned by myself.

Once I could speak English, I was asked to translate for Tamil people as an emergency translator in the detention centre. I was still in an unstable situation. However, I helped the people in need. By doing this, I was able to identify and relate my situations to that of many other detainees. I understood that it was not happening to me only, but to many others in a systemic way as well. Many of us in destitute situations did not get any proper legal advice. It was the experience of a lifetime and it was what motivated me to fight for a good cause.

I tried to apply for local colleges and institutions once I got out of the detention centre. I did not have many friends in the community to get information about institutions outside Doncaster. All my applications were turned down by the colleges. I was told that I do not have the right to study. They said that if I got a letter from the Home Office saying I can study, they would let me study. When I requested the said letter from the Home Office, they refused to give me one and asked me to get the letter from the court, as my case was still pending at the court. When I approached the court, I was questioned by my solicitor about how I was going to pay the fee if they allow me to study. So, I gave up the dream to study.

Knowing that all these detainees are suffering inside the detention centre, I could not just sit. I was unable to let them suffer on their own. I wrote to many MPs about the bad treatment of asylum seekers and the prevailing conditions inside the detention centres. Due to this, I was contacted by someone who runs a counseling service for Tamil asylum seekers. I was fortunate enough to be identified as someone who needed the help as well. She invited me to attend counseling sessions. The days flew by, filled with nightmares and panic attacks. But this time I had someone to share my sorrows and thoughts with.

In 2017, she shared with me a link to a university project for asylum seekers called the Compass Project. I was not so sure about what to do. I attended the workshop for the project. It was the first time I ever stepped inside university premises. I was very nervous and was hardly controlling my anxiety. I entered the room allocated for the workshop. The project manager greeted me with a smile on her face and my nervousness faded away a little. However, I did not know what to expect or to ask. So, I kept quiet. I was given a friendly introduction to the project and guidance on how to apply. Finally, we were given a university tour.

With enormous support from the project manager and people at the counseling programme, I applied to the Compass Project Fund. I was so worried about not having any qualifications. It had been almost eight years since I was in the school. My personal statement explained my circumstances, my aspiration to study law, my experiences at the detention centre, poor handling of the asylum cases and a detainee’s dream to be a qualified immigration lawyer.

After a few weeks, I received an email saying that I was awarded the Compass Project Fund. I could not express how happy and accomplished I felt. I was finally given an opportunity to study. I was asked by the university to do an examination as well an interview to see if I am fit to study law as I did not have any prior academic qualifications. I was able to pass the exam and the interview with some great support. Getting the Compass Project Fund and a place at the university were the biggest things that ever happened to me. This was the first step in reaching my goal.

Meanwhile, my asylum case was still pending. The Home Office accepted that I was tortured in Sri Lanka and the case proceeded to the court for the hearing. Just a week before my first day at the university, I had to attend the court for my hearing. I was worried, but I was also hopeful for a change. I attended university without any decision from the court. Initially, it was so strange to me. For the first time in many years, I was sitting in a classroom with a pen and an exercise book before me.

It was very hard for me to understand the lectures at first as English is not my native language. I had to read the text at least four times to understand. But I did not give up. I continued to put in all my energy and worked hard at home and at the university. For my first essay, I received 68 marks. I was in joy since this was my first ever academic essay. By correcting the mistakes in my first essay, I was able to score 70 marks for my second essay. My hard work started to pay off.  Now, I started to communicate with my fellow students in a better way.

Then I was granted refugee status by the court. It was life-changing and finally, my life got a little steady. However, I still must wage war with my unstable mind. University education is the ideal tool for me to break my solitude. It gave me hope and tools to learn from. I believe that by obtaining the necessary qualification, I will be able to get my voice heard.

The Compass Project Fund is a life-changing opportunity for me and many others. Being an asylum seeker in an unfamiliar place with restricted access and limited knowledge about the system limits many people from gaining access to further education.

I am looking forward to taking the available opportunities to desperate asylum seekers and to continue my work in the human rights field, to advocate for the betterment of all the asylum seekers and refugees.

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The Compass Project: The light out of the darkness

Elizabeth*, a 37-year-old asylum seeker from Ghana in West Africa began her studies in Legal Methods (Certificate of Higher Education) at Birkbeck this year, thanks to the Compass Project. 

My name is Elizabeth. I am 37 years old. I am originally from Ghana in West Africa. It is a beautiful country near the coast of the Atlantic Ocean. I was born in Ghana and had my primary and secondary school education there. I came to England in 1999 to continue my education but due to unforeseen circumstances, I was unable to do so.

Now, I am studying a Certificate of Higher Education in Legal Methods at Birkbeck and during the day, I am the Grassroots Intern at Women for Refugee Women (WFRW). I work alongside the Grassroots Director, helping to run the drop-in session on Mondays and support refugee and asylum-seeking women.

The charity ensures a safe space for women who have sought asylum in the UK. To continue my support, I am also a member of Women Asylum Seekers Together London, a group run by WFRW that provides free English and yoga classes, lunch and advice on immigration, housing and legal matters with an advice worker for the women.

I have always wanted to study law because I have always had the sense of justice and fairness in my core, but being an immigrant in this country, it was very difficult for me to access higher education. I did not have my qualifications with me and I could not show them when I was asked; I also did not have the finance in place to study.

I found out about The Compass Project through the Islington Migrant Centre, a charity providing practical guidance and support for those who have sought asylum in the UK, as well as providing free English, art and music classes.

To find out more, I went to the ‘Prepare to Study’ session held at Birkbeck’s central London campus, where I was introduced to the College, given a tour of the university and found out more about the Compass Project scholarship.  Afterwards, I decided to apply.

The Compass Project team were so helpful and encouraging and I was so happy and pleased when I received the email that I had been awarded the scholarship. This meant that I could finally start my journey through law. It’s a bit challenging because I have not been through education for such a long time, but I receive a lot of support from the university and that helps to motivate me to stay committed to the course.

I am going to use my experience at Birkbeck to develop myself, to go on to complete the law degree and hopefully to become a constitutional lawyer. I would like to be able to have a positive influence in the law-making process in this country. I feel very lucky to have been given the opportunity to be able to study at Birkbeck – it feels very special to me and I do not take this opportunity lightly at all. My course mates are all very supportive and I feel blessed to have met so many people at Birkbeck who are constantly ready to help.

My advice to anyone looking to apply for the Compass Project scholarship to study at Birkbeck is to believe in yourself and not give up on your dream of higher education, because The Compass Project makes it possible.

Yes, it is possible. Just stay focused and be open to receive all the support and help available to you. Education is truly the light out of the darkness.

*name has been changed.

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Artificial wombs and the law

Claire Horn is in the first year of her PhD in Birkbeck’s School of Law. She is researching the legal and ethical implications of artificial wombs.

credit-partridge-et-al-nature-communications

Credit: Partridge et al. Nature Communications

A few weeks ago, a team of scientists published their research on “An extra-uterine system to physiologically support the extreme premature lamb” in the journal Nature Communications. Within a few days of being posted online, the study had received enthusiastic coverage from major international news outlets and popular think-piece platforms alike. In the media, the language around the research changed: the “extra-uterine system” was redubbed “the artificial womb.”

Currently fetal viability in humans (the time at which a foetus can survive outside the mother) happens around 28 weeks. As the original article states, recent developments have pushed this timeline back to 22-23 weeks, but not without continued complications for the baby. The Biobag, designed to mimic the womb, has allowed a lamb foetus inserted at the developmental equivalent of 23 human weeks to survive and grow to healthy viability.

While, as the scientists who conducted this research state plainly, this technology is still a long way from being trialed with humans, and while the Biobag is only a partial artificial womb (an artificial womb proper would entail the foetus growing outside the body for the duration of gestation), the popular presses which picked up this news focus on questions emerging from the presumption that an artificial womb is inevitable. Their queries range from what an artificial womb might mean for how we conceive of personhood, to discussions of the ethics of research on foetuses, to debates over what impact such technology might have on the infants who are born through it.

In one way, these are very old debates that have echoed throughout science—and science fiction—for centuries. But the artificial womb has never felt closer than it does today, and while it is the work of scientists to proceed with caution, scepticism, and the suspicion that what aids a lamb may not aid a human, it is the work of legal scholars and bioethicists to imagine the possibilities, dangers, and issues inherent if this technology does in fact arrive.

My PhD research begins with these premises: that the artificial womb is on its way, that the law is rarely prepared to meet the challenges of new reproductive technologies, and that we should consider the different frameworks available to us ahead of the artificial womb’s arrival. Thinking about the ethics of the artificial womb allows us to consider new ways in which we might approach reproduction, familial relationships, and gender in the future. AAs the primary tool that structures the rules of engagement in our societies, legal frameworks can be introduced or renegotiated in ways that could make space for new social developments.

The artificial womb is an opportunity for legal scholars to consider important questions in this regard. With the artificial womb—which could constitute the growth of a foetus separately from the mother even at the earliest stage of development—might we be able to beneficially renegotiate abortion law to protect womens’ bodily autonomy? Could the artificial womb prompt us to reframe legal doctrines of parenthood in ways that offer greater protection to trans and queer parents, and greater equality in co-parenting? Could it render gender entirely irrelevant to parenting roles?

A central consideration in my work, and one that I have found absent in many media discussions of the artificial womb is the ways in which reproductive technologies have historically been used to benefit some communities while subjugating others. As Deborah Wilson Lowry writes, “new technologies, when not accompanied by equal access or distribution, can increase existing disparities related to race, class, and gender”. Such inequalities have been starkly demonstrated with regard to the introduction of the pill (which, prior to being marketed as the key to sexual liberation was tested on poor women and women of color, often without their consent), and with regard to surrogacy (only available to those with financial and social means, often outsourced to poor women in the global South), to name just a few examples.

Like these technologies before it, the artificial womb is unlikely to have either purely utopian or purely dystopian results, and it is necessary to be attentive to the dangers it might present for those who have been made vulnerable by these technologies in the past. Research by legal scholars and bioethicists which places marginalized people at the forefront, work which is lead by and consults with diverse groups of women, including women of color, trans women, and women with disabilities, is necessary in advance of the artificial womb’s introduction.

Scientists may be rightly skeptical of the speed at which humanities scholars have rushed from the growth of a premature lamb in a Biobag to heralding the growth of human babies outside the body. But proceeding with this future in mind, and carefully considering the ethical dilemmas that it presents, will allow us to interrogate its dangers and consider the best possible legal frameworks and policies to protect women when it arrives.

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Action on Home Education: impact challenges

Daniel Monk, a Reader in the School of Law looks at the background to a short debate about home education that took place last week in the House of Lords

home-educationThe right of a child to an education is widely accepted as being a ‘good thing’. It is what some people describe as an ‘apple pie’ issue: something that is so obviously nice, and comforting, that no one could possibly object. But what the right to education means in practice is complicated and contested and inherently political. And nowhere are the underlying tensions as acute as in debates about home education.

This is because ‘education’ is often equated with ‘schooling’, and the latter exposes the child not only to other children but also to the ‘professional’ gaze of teachers, inspectors and social welfare agencies. Consequently, home education challenges popular assumptions about child development and ‘socialisation’ and at the same time raises questions about the state’s role in both enforcing the right to education and in defining the content of education. These latter questions go to the heart of debates about the nature of democracy and this is evident from comparative perspectives. In Germany home education is unlawful, whereas in the USA it is constitutionally protected and practiced on a large scale. This country adopts a characteristically mid-Atlantic position. It is well established in law that parents can comply with their legal duty to educate their children by means of home education. But while this is unquestioned by policy makers, what is disputed is the extent to which home education should be monitored.

Concerns about raising educational standards, the number of children ‘missing education’, increased inspection of independent schools, and an emphasis on ‘safeguarding’ agendas in inter-agency cooperation, have all highlighted the anomalous position of home-educated children. And at the same time the number of home educated children has and continues to increase and is sometimes referred to as a ‘quiet revolution’. There has been a 65% increase in children recorded as home educated over the last seven years, and estimates vary from 36,000 to far higher. However, no one knows precisely how many children are currently home-educated. This is because unless a child is being removed from a school, parents are not obliged to tell anyone.

The reasons for this increase are complex and varied. Home educators include those who object to conventional schooling, sometimes on the basis that it is too permissive and liberal and, conversely, sometimes for being too traditional and overly prescriptive. But they also include parents who have felt that have no other option as a result of failures to address bullying in schools or through the much-criticised practice of ‘unofficial’ or ‘illegal’ exclusions.

Even when a local authority knows about children in their area that are home-educated there is confusion about what their current monitoring duties and powers are, and this is compounded by the fact that the current guidance produced by the Department of Education in 2007 is both out of date, unclear and provides advice based on questionable interpretations of the existing law that restricts a more pro-active investigatory role.

Attempts to address the issue were made by the last Labour government. It commissioned a review of the law, The Badman Review, which recommended the introduction of a compulsory national registration scheme. This was included in – but subsequently dropped from – the Children, School and Families Bill 2009. At the same time a report by the House of Commons Select Committee for Children Schools and Families (2009) concluded that it was ‘unacceptable that local authorities do not know accurately how many children of school age in their area are in school, are being home educated or are otherwise not at school’. The Committee heard from Sue Berelowitz, The Deputy Children’s Commissioner, who argued that it was ‘not acceptable that the state should not be able to vouch for the education of so many of its citizens’. In its final report the Committee also quoted extensively from an article of mine. This confirmed what others have found: that in an age of political sound bites, Select Committees are institutions that can often be refreshingly receptive to academic research. More recently, in May 2016, the Wood review of local safeguarding children boards, commissioned by the Department for Education, concluded that in relation to home education, that a ‘local authority is not able to assess either the quality of education being received by the child or whether there are any safeguarding issues that require attention’ and that ‘this needs to be addressed urgently’.

Despite these widespread concerns, to date both the Coalition and the current Conservative governments have refused to act. One possible reason for this is the highly effective lobbying by home education activists. While apolitical, the lobby’s arguments against enhancing monitoring cohere with predominantly Conservative parliamentarians’ concerns about expanding the role of local authorities (in particular in the context of education), the necessary additional expenditure, and perceptions of the ‘nanny’ state. However, the contingency and indeed inherent contradictions underlying these concerns came to the fore in 2015 when the government initiated a consultation about the law regarding unregistered schools. This was motivated by wide-ranging safeguarding and welfare concerns raised by OFSTED, but also by distinct concerns about ‘radicalisation’ and the perceived existence in some places of ‘a narrow Islamic-focused curriculum’. While wishing to address these issues, the government at the same time made explicitly clear that it had no desire to address issues relating to home education. In responding to the consultation I argued that not only did this further exacerbate the anomalous position of home education, but that it also failed to acknowledge that home education could be exploited by anyone wishing to avoid the proposed enhanced monitoring of other out-of-school settings.

Tying to motivate the government to act over home education is hard. But concerns about unregistered schools have, albeit unintentionally, opened the door to calls to act more widely, and for those not uncritical about the ‘radicalisation’ agenda this linkage highlights the messy complexity of political strategizing. Another way of keeping the issue of home education on the agenda, indeed any issue a government would like to shelve, is by drawing an issue to the attention of sympathetic parliamentarians who are receptive to engaging with work by academics. I adopted this approach here, and last week the cross-bench peer Baroness Deech asked an oral question in the House of Lords about the government’s failure to respond to the recommendations of the Wood review. These questions provide approximately seven minutes for a mini-debate. Condensing detailed academic arguments into a briefing note to effectively assist peers in this debate was challenging and brought to mind the quip: ‘I’m sorry this is such a long letter, but I didn’t have time to write a shorter one’. In response to Baroness Deech’s questions and to those of the six other peers who spoke, Lord Nash, the Parliamentary Under-Secretary of State for Schools, offered no clear answers. But the questions and the short debate send a message of support to local authority professionals who struggle in difficult circumstances to do their best to support and protect home-educated children and reminds the government that their inaction is not unnoticed.

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Soldiers aren’t being harangued by lawyers – it’s a myth designed to discredit the Human Rights Act

This article was written by Dr Frederick Cowell from Birkbeck’s School of Law. It was originally published on Left Foot Foward

Theresa May’s government is pushing a narrow, meaningless conception of human rights

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There has been some controversy over the government’s plans to use the emergency powers provisions of the European Convention on Human Rights (ECHR) to exempt British forces from lawsuits.

Despite the bullish selling of the proposals it is worth noting they can’t exempt soldiers from being responsible for torture or allow them to use the death penalty. In these cases the Human Rights Act (HRA) could still be used to bring claims against British forces and they could still be subject to war crimes prosecutions under the International Criminal Court Act.

But it’s the tone of this announcement and the context in which it takes place which makes it worrying for the protection of human rights.

As Dr Marko Milanovic notes, there is little evidence of an ‘industry’ of ‘vexatious litigation’ against the armed forces, which is the stated rational for these proposals.

Yet, it seemed to provide the warm up to the Prime Minister’s speech at the Conservative Party conference where she promised to never again ‘allow left-wing human rights lawyers to harangue… our armed forces.’

Theresa May has been here before; in 2011 when she was Home Sectary she addressed the Conservative Party Conference claiming that there was an illegal migrant ‘who cannot be deported because, and I am not making this up, he had a pet cat.’

Except, she was making it up. Taken alongside the wider drip feed of negative stories about the HRA, many of which are based on misrepresentations of the law, this appears to be part of a process of ‘monstering’ the HRA, designed to create the political conditions for its repeal.

The repeal of the HRA and its replacement with a ‘British Bill of Rights’ has been Conservative Party Policy since 2006. In 2007 the then Leader of the Opposition David Cameron said that a British Bill of Rights could enhance the protection of rights by including rights not included in the ECHR, such as the right to a trial by jury.

Later this was quietly dropped with the emphasis on HRA repeal focusing on criminals using the right to family life to avoid deportation. In 2012 the Commission on a UK Bill of Rights concluded that the HRA shouldn’t be repealed but noted there were ‘perceived problems with the Human Rights Act… largely caused by a lack of public education’.

Ironically the escalation of anti-HRA rhetoric came precisely at the time when the UK Government achieved a major victory on reforming the European Court of Human Rights, with the 2012 Brighton Declaration, which led to a reduction in its backlog of cases. In 2014 the government were able to change immigration rules to make it much harder for criminals to use the right to a family life to resist deportation, again addressing a criticism often levelled at the HRA.

There is a split in the Conservative party between those who think a Bill of Rights should be framed narrowly, to amend the HRA, and those who think it should lead to UK withdraw from the ECHR, in a form of second Brexit. The current Justice Secretary has confirmed that it is still government policy to introduce a British Bill of Rights, although since winning the 2015 General Election this has been subject to a series of delays.

In her Conservative Party leadership campaign in July Theresa May stated that she would not campaign to leave the ECHR as there was no parliamentary majority for such a move. This leaves the door open to withdraw the ECHR at a later date which is considerably easier to do following withdrawal from the EU.

The contents of a British Bill of Rights is as of yet unknown however, the tone of announcements seem to indicate a strong focus on who shouldn’t have rights and where rights shouldn’t be applied.

The 2014 Conservative Party paper ‘Protecting Human Rights in the UK’ contain some indications, such as references to preventing human rights being used in ‘trivial’ cases, that there are moves to distinguish between undeserving and deserving rights holders in a future Bill of Rights.

Repeated criticism by many leading figures in the government of the HRA being used to challenge welfare policy or immigration decisions has been framed in language pointing to an undeserving rights holder. This is also accompanied by claims that certain groups needing to be protected from human rights law, or where human rights law is used by those charged or convicted of a crime that human rights law needs to focus on the victims of crime.

When the recent announcement on the liability of the armed forces is seen in this context, it reads like a trailer to a much narrower, and potentially more meaningless, conception of human rights being pushed by the current government.

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The Iraq War, Brexit and Imperial blowback

This post was contributed by Dr Nadine El-Enany, lecturer at Birkbeck’s School of Law. Here, Dr El-Enany shares her personal thoughts on the historical context of the EU referendum, and the British vote to leave. This post first appeared on Truthout on Wednesday 6 July 2016.

The Union Jack, the flag of the UK

Brexit is a disaster we can only understand in the context of Britain’s imperial exploits. A Bullingdon boy (Oxford frat boy) gamble has thrown Britain into the deepest political and economic crisis since the second world war and has made minority groups across the UK vulnerable to racist and xenophobic hatred and violence.

People of colour, in particular those in the global South, know all too well what it is to be at the receiving end of the British establishment’s divisive top-down interventions. Scapegoating migrants is a divisive tool favoured by successive governments, but the British establishment’s divide and rule tactic was honed much further afield in the course of its colonial exploits. Britain has a long history of invading, exploiting, enslaving and murdering vast numbers of people, crimes for which it has never been held accountable.

Brexit

While the British Empire may be a thing of the past, British imperialism is not. This month the Chilcot inquiry reported on the role of Tony Blair’s government in the 2003 invasion of Iraq which resulted in the death of nearly half a million Iraqis and the destabilization of the region, for which its inhabitants continue to pay the price. It is no coincidence that the Blairite wing of the Labour Party, amidst the Brexit chaos, launched a coup against their current leader, Jeremy Corbyn, who was set to call for Blair to be put on trial for warcrimes.

The referendum that resulted in a 52 percent vote in favour of Britain leaving the EU was initiated by the Conservative government. Shortly after the result was announced, it became clear that the leaders of the Brexit campaign had not wanted this result. Boris Johnson MP appeared ashen-faced at a press conference. He had neither expected nor wanted to win the referendum. He only wanted to be next in line for Number 10 Downing Street. David Cameron, who had led the Remain campaign, resigned as Prime Minister immediately. He had called the referendum in a bid to keep the Conservative Party together, without sparing a thought for the lives that would be destroyed if the bet did not pay off. His gamble backfired, as did Boris Johnson’s. Michael Gove MP, who had been Johnson’s right-hand man in the Leave campaign, betrayed him within days of the result, announcing he would be running for Prime Minister, thereby ending Johnson’s bid to lead the country.

This series of events has thrown the Conservative Party into disarray, the very outcome Cameron had wanted to avoid. Nigel Farage, who stoked up unprecendented levels of racist hate and deserves much of the credit for the Brexit win, resigned as leader of the UK Independence Party on Monday, saying he “wants his life back.”

As political leaders jump ship in the wake of the Brexit vote, reports have emerged of a Britain divided, of a traumatized population, grieving and suffering the onset of depression. There is talk of the need for reconciliation in a country where communities and families have been divided. Alongside this, there are expressions of anger and demands for the British establishment to be held accountable for the outcome of the referendum.

There is no doubt that the feelings of anger and loss in the wake of Brexit are real, but where is our collective sense of outrage in the face of the establishment’s divisive and destructive actions elsewhere? After all, the deregulatory reforms entailed in austerity policies imposed in EU countries with disastrous consequences, including cuts to vital welfare services, following the 2007 financial crisis, as Diamond Ashiagbor has argued, is “medicine first trialled on the global South since the 70s”. Ashiagbor notes “European states are experiencing this as a category error, in part because they have not been on the receiving end of such policies”, which are all too familiar in the global South.

Brexit is the fruit of empire

In the week following the announcement of the referendum results, two news items probably escaped most people’s attention. The UK Supreme Court delivered a ruling that further impedes the prospect of the Chagos Islanders returning to the home from which they were forcibly removed in 1971 by the colonial British government as part of a deal to allow the US to establish a military base on the largest island, Diego Garcia.

Also in the news last week were reports of 94-year-old Kenyan, Nelson Njao Munyaka, who testified in the High Court about killings he witnessed by British soldiers under 1950s British colonial rule. Munyaka is one of 40,000 Kenyans suing the British government over injuries and loss suffered in the course of its repression of the Mau Mau independence movement. Munyaka spoke of witnessing the shooting of his workmates, being made to carry their corpses and the flashbacks he suffers of the physical and verbal assaults he endured at the hands of British soldiers.

Brexit is not only nostalgia for empire — it is also the fruit of empire. Britain is reaping what it sowed. The legacies of British imperialism have never been addressed, including that of racism. British colonial rule saw the exploitation of peoples, their subjugation on the basis of race, a system that was maintained through the brutal and systematic violence of the colonial authorities.

The prevalence of structural and institutional racism in Britain today made it fertile ground for the effectiveness of the Brexit campaign’s racist and dehumanizing rhetoric of “taking back control” and reaching “breaking point.” This rhetoric is entirely divorced from an understanding of British colonial history, including the country’s recent imperial exploits, which have destabilized and exploited regions and set in motion the migration of today.

Islamophobia powered the Blair-Bush war machine, allowing the lie to be peddled that only the Arab world produces brutal despots, and that the lives of nearly half a million Iraqis are an acceptable price to pay for Britain to be the closest ally of the world’s superpower. Just as the political leaders who called the EU referendum along with those who led the Leave campaign did so with no plan in place for the aftermath, so did the Bush-Blair coalition embark on the 2003 invasion of Iraq with catastrophic consequences. Thirteen years on, Iraqis continue to feel viscerally the trauma of war and the pain of their divided society. Only this week, another suicide bombing in a busy market place took the lives of more than 200 people.

Read Dr Nadine El-Enany's original blog post at Truthout

Read Dr Nadine El-Enany’s original blog post at Truthout

The British establishment does not care to learn lessons from the past. Recall its thoughtless and entirely self-interested military intervention in Libya in 2011, which has left the country in a war-torn state of violence and chaos, a hot-bed for ISIS. But we can learn lessons — lessons that might help the left build solidarity and resist repression in more productive ways. We can begin by understanding Brexit instability and our feelings of loss and fear in the context of longstanding and far-reaching oppression elsewhere. As for privileged Remainers with power and influence, they are disingenuous not to accept a large slice of responsibility for the outcome of the EU referendum. From New Labour’s redefining of the Left as “extreme centre,” to Labour’s “austerity lite,” to their support for imperial wars and the mainstream media’s marginalization of left voices and people of color, and their denial of racism, they oiled the wheels of the Brexit battle bus. It is no use for the powerful liberal mainstream to cry crocodile tears now. They would do better to recognize their role in creating the conditions for the sort of racism that propelled the Brexit campaign to victory.

Note: This post represents the views of the author and not those of Birkbeck, University of London

(Copyright, Truthout.org. Reprinted with permission)

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