Homophobia and Human Rights

 

Picture Credit: Scotsman / Edinburgh Evening News

 

In the summer of 2014, my partner and I, left our home of 7 years.

After a sustained period of homophobic vandalism and abuse, from local young people and other adults, we'd had enough. 

 

It is only now, having settled down into a new life, in a new home and and, in a new City, that I can write about the experience.  

At the time of the Glasgow 2014 Commonwealth Games, I received a disturbing call from my partner.  He explained that a group of young people were giving him homophobic abuse in the street.  Later that week, he rang me again, this time distressed because his parent's car had it's windscreen smashed in.

I returned home, having finished up my volunteer run at the Games, only to find more abuse laying in wait.  This time, our home had been targeted by a projectile of some sort.  It had impacted the front door and was loud enough to be heard in every room of the house.

I ran outside to find the group gathered in the street, acting as if nothing had happened.

I started filming, expecting trouble.  I was not wrong, and I was ever grateful for the invention of the camera phone.

"Oi, you. Why are you filming us!", 

"Are you some kinda peedo or something?"

Then, one of the youths, removed his trousers and, bore his backside to me.

"Do you wanna beast me?"

To be graphic about it, this lad was asking me, if I wanted to have sexual intercourse with him, notwithstanding that he was only around 12 or 13.

It was then that the "adults", and yes, it is a deliberate use of speech marks, joined in.

One shouted from across her balcony, that I'd been filming the kids to warn other parents.

Another adult emerged from the property across the street.  He had covered his face and head with a hood.  He began shouting;

"beast, beast, beast".  

Now, for the sake of brevity, I will not go into every detail.  Suffice to say, in the days and weeks that followed, we had to call the Police on 20 occasions.

Eventually, some of the youths succeeded in smashing our bedroom window.

My partner was trying to sleep.

Can you imagine how scarey it is to experience a window shatter above your head at night?

 

Police Assistance

The local police at Drylaw Police Station were extremely supportive.

Within a few days, they had identified most of the young people involved and they were charged.

The only difficulty here, was that because the young people were all under the age of 16, they were entitled to anonymity.

They could not be arrested, or locked up, or sent before a Sheriff (judge), remanded in custody or have any of the other protective measures taken against them.

They continued their pattern of abuse and they knew they could, and would, get away with it.

All the police could do would be round them up, disperse the group, return the children to their parents and charge them.  The criminal justice file would then be passed onto the Children's Hearings System (Juvenile Justice).

I kept asking everyone, how is this fair?

I kept receiving the response, it is not fair, but there is nothing else that we can do.

 

Local Authority Assistance

The City of Edinburgh Council, seemed ambivalent to our plight.

We had previously contacted the local community safety team, and not heard anything back.

Again, we tried in vain to obtain immediate redress.

Again, telephone calls, emails and police requests for assistance went unanswered.

At a later stage, I did have a sit down with two social workers who were in charge of the welfare of one of the boys involved.  This conversation was helpful as it them kick started other measures.

 

Civil Remedies

As a Solicitor, I was aware that we were entitled to a civil remedy.  This is basic and fundamental human right.

However, the lack of information from the criminal justice system and the local authority made it impossible to take any form of legal action.

We were not allowed to know the identities of the young people, of any witnesses, nor allowed to see any documents, such as witness statements.

I tried at least 4 times to go into Court with what we had, however the processes involved, together with the lack of assistance, thwarted every effort.

 

The Future

We've now moved on, and are looking to our future together.

We are considering adopting children and have just adopted a new rescue cat.

Our new home, is safe and secure.  Our neighbours are great.

I will not stop my campaigning on either equality and human rights issues either.  I know, from this personal experience, why it's so important to have someone around to both question and challenge.

I am spurred on and undeterred.   

Never let it be said that there is no nastiness left in the world, nor that there is no need for "all these human rights".

The law is there for a reason, I only wish our public authorities were better able to enforce it.   
   

Hate Crime Laws Are Not Working - An Open Letter

Stonewall Scotland's Poster Campaign

An Open Letter to;

Kenny MacAskill MSP, Scottish Justice Secretary,

Lord Advocate, Frank Mulholland QC,

The Chief Constable of Police Scotland, Stephen House,

The Equality and Human Rights Commission and 

The Scottish Human Rights Commission,

12 August 2014

Dear Sirs,

Ineffective Protections against Hate Crime

My Partner and I are on the receiving end of vicious Hate Crime, because of our sexual orientation. 

I had been lead to believe that the criminal justice system would protect both my Partner and myself from Hate Crime.  However, despite the grand standing that took place, heralding the introduction of Hate Crime legislation, by the Scottish Government, the Equality and Human Rights Commission and others, the law is a dud. 

The reasons for this; first, the perpetrators of the Hate Crime are all under the age of 16, and are classified as Children, and second, there is no effective monitoring of how the law protects victims of Hate Crime, allowing solutions to this problem to have been identified. 

I have been branded a “Peedo” and a “Beast” in front of my own home.  Our car windscreen has been smashed in.  Stones, bricks and other missiles have all been thrown at our home, our property is subject to regular trespass and Children will even come as far as the front door to bang and shout abuse.  What is more disturbing, is that the Children even solicited the support of wayward adults to assist in their campaign of terror, shouting “Best, Beast, Beast” at me and my home.

The Children concerned were charged and reported (through the Children’s hearing system).  I had hoped this would out an end to it.  However, because they are under 16, they were free to continue the abuse, and to encourage others to abuse us too.  They knew they would get away with it, which is why they continued, after being charged, reported and warned about their behavior. 

I have nothing but praise for my local Police Officers, who have been very supportive.  However, they find that their hands are tied.  The Police simply do not have sufficient resources locally to be effective, despite Hate Crime being classified as a national priority.  I also note, that the Crown Office does not review the effectiveness of the legislation, and the important legal protection that the law is meant to bring. 

Additionally, public policy considerations designed to promote the rights of the Child – even if the Children concerned are perpetrators of vicious abuse – trump those of the right of the victim to seek redress.  This is deeply disappointing, because as a result, my Partner and I are left without an effective remedy and, are left to suffer further torment.

Notwithstanding our legal entitlement to protection from acts of homophobic abuse, harassment and vandalism, there is little the criminal or civil law can do to help us. 

I am a qualified Solicitor, and sought refuge in the civil law.  I attempted to obtain an Interdict, with power of arrest and non-harassment orders against our abusers.  However, even this route was blocked.  In order to take this action, I would have required the cooperation of the local Social Work department, and the Police in order to obtain the identities of the perpetrators of the abuse.  That cooperation was refused owing to “child confidentiality”. 

We also approached the local Council community safety team at the City of Edinburgh Council for help.  It is now four weeks and counting, but no response.  They have done nothing to help us, nor have they offered any support.  Yet, under the Antisocial Behaviour legislation, they could take action.  So why haven’t they?  In my view, it is down to a question of priorities, and upsetting their colleagues in either Social Work or the Housing Department is not a priority.  A local council is highly unlikely to take Court action against itself now, is it?

My partner and I, are now looking to relocate away from Edinburgh.  We have had enough.  I hope that when we move, we get to enjoy the peace and quiet in our own home, and the freedom from abuse, harassment and vandalism, that we should expect. 

I now expect you gentlemen to take decisive action, given our experience, to prevent anyone else having to endure this horrific torment. 

Yours faithfully,

 Daniel Donaldson

Are you Mad?

The word "Mad" has a variety of connotations.  

Yet, in today's society we use this word regularly as a pejorative term to describe people who be find difficult to work with, who may see the world in a different way or with whom you may have had political or other disagreements. 

Our understanding of society and human interaction has improved dramatically since the 19th century, yet some of us still behave as if nothing has changed. 

This article explores the 21st century of the word "mad" and its use in the vernacular; to discriminate and stigmatise despite increased awareness and legal protection.

Why would you call someone mad?

It is easy to use the word in its ordinary meaning; perhaps to describe an action which you would consider foolish.

It is also easy to use the term to describe someone who you find unpleasant or perhaps disagree with.

The key question is why do you consider the action to be foolish, why do you find the person unpleasant or why do you disagree with them?

In any event, the use of the word mad to describe someone is inappropriate.

Mental health, Autism, Learning disability

In recent time, Mad, was used to describe someone who may have had a mental health condition, who was autistic or had a particular learning disability.

However, we now recognise mental ill health for what it is, notwithstanding the discrimination that still persists.  For example, someone who is bi-polar, will experience a wide range of mood.  At times, behaviour will seem energised, enthused or even manic.  This lasts but a short time, there after, the same person may appear withdrawn, closed in on themselves and disinterested or not engaged.   

We also have a better understanding of autism.  Not everyone experiences the world in the same way and communication is a skill the majority of society takes for granted, often ignoring that for some people, communication, even in its basic form, can be extremely challenging or even scary.     

Similarly, if someone is dyslexic, they may come across as articulate, intelligent and knowledgeable.  However, reading, writing and remembering all may pose particular challenges.  In a highly focused written world, it would be easy to write someone off as just being lazy or not capable.   

See me

If you find someone difficult to get along with, ask yourself - why? 

Is it because you have nothing in common or do not share their political beliefs?

Is it because you find their decisions or actions foolish?

Is it because you find it difficult to understand what they say alot of the time or do not understand why they look dire one minute and full of beans the next?

Is it because you simply can not be bothered, find the person irritable or irrational, they speak their mind, including voicing criticisms?

Do you lack patience?

Have you considered seeing the world through their eyes?

Do you jump to conclusions or make certain assumptions about the person's suitability for particular roles or what they are capable of?

Have you discussed the person with colleagues, friends, co-workers and ignored the person?  (perhaps you even encouraged others, whether directly or indirectly, to isolate the person?)

Did you describe the person as Mad, what about crazy, hostile or stupid?
  
Legal Aspects

The Equality Act protects individuals who share protected characteristics from discrimination - which can be both direct and indirect.  Individuals are also protected from harassment and victimisation.

It is likely that mental health, autism and learning disability fall within the legal definition of disability.  In order to benefit from protection, you do not have to be disabled personally.  You are also protected from discrimination based on perception of disability and or association with someone who is disabled.

The civil law also affords protection.  There is statutory protection from harassment in the form of the protection from harassment act and also at common law - where it is a civil wrong (tort/delict) to cause an injury or loss to your neighbour.

It is also important to keep in mind that disabled people are protected from hate crime.

Actions have consequences

It is easy to avoid or seek to exclude the individual or individuals whom you consider to be problematic.

It is also easy to encourage others to marginalise or avoid. 

However, what are the practical consequences? 

In some circumstances, a person may be denied opportunities for promotion or to advance themselves because of the negative attitudes and rumours spread by others.

Likewise, a person may not feel comfortable coming forward to engage in future if they feel that they are going to be marginalised or exposed to exclusion.

In some extreme cases, this can lead to bullying, harassment and victimisation.

In many employment circumstances, it is easy for illfounded complaints to add up, resulting in making it difficult to remain in employment because of negative working relationships.

It is easy to get rid of the difficulty, by removing the person, rather than tackling the prejudice behind the problem.

This is discrimination and is why many people, who have mental ill health, who are autistic or have a learning disability are excluded from work.

This is also one of the reasons why so many people with mental health problems or who have autism are found in the criminal justice system or are excluded from education.   

Dont judge - support and encourage

I would have hoped that attitudes would have improved in the 21st century. 

There has been progress, but probably too little, too late. 

It is important that if you find yourself working alongside a colleague who sees things differently, or who needs some support, that you show support and challenge any of the ill-will that the tyrany of the majority will send his or her way.

We are all unique individuals and there is no 'normal'.

Challenge the stigma.  

Please don't judge others, lest you be judged yourself.  




   




  
       

   

Secularism and religious intolerance

In today's guest Blog, Gordon Ellis writes about secularism, religion and Scotland.  

A former leader of the Anglican community’s 80 million adherents worldwide thinks that the government is "aiding and abetting" aggressive secularisation.

Lord Carey, a former Archbishop of Canterbury, also drew attention to a recent ComRes poll, which suggested "more than two-thirds of Christians feel that they are part of a 'persecuted minority'".

Secularisation of Scotland

A 2008 report on secularisation in Scotland highlighted that Western countries are going through a process of cultural change driven by growing wealth over the last decades, which has spurred economic independence for individuals.

Their overall dependence on other people and institutions, including the church and religion has, it is stated, accordingly, diminished. The report went on to state that not only the increase in wealth, but also increased mobility and the global information network have opened new doors to regular members of society. As a result, society is less influenced by the traditional ties and values that once shaped society. These trends are thought by the authors to have contributed to a substantial increase in secularisation in the west, including in Scotland.

Global events: Islam and the west

At the same time, global events such as the emergence of Al Qaida, the Taliban influence in Afghanistan and elsewhere, and terrorist attacks of 9/11 and 7/7, have focused very much on Islam in the negative sense.

There is as a result a feeling amongst many Muslims that Islamophobia is not taken very seriously and that because of their history as Muslims, terrorist atrocities and such, people feel like they deserve the abuse.

Despite all the negativity, Islam is stated to be the fastest growing religion with over 1.5 billion followers or 23% of the world’s population, and second only in size to Christianity. So, from Christianity and Islam alone, religion is a major influence on almost half of the world’s population, and, in that context, still very much a force to be reckoned with.

Personal experience

In 2005 I was helping the Muslim Community in the Highlands organise a summer school for young Muslims, to assist them in developing their cultural identity within the wider Highland diaspora. It was scheduled to start on 25 July, and 7/7 intervened.

My first discussion with the teacher from Birmingham who was to come to Scotland some three weeks later, was to convince him not to cancel the summer school, as the timing was not right for “moderate” Muslims to be potentially in the public eye.

I am glad to say that the summer school went ahead and was an unqualified success, culminating in the awarding by the Provost of Inverness of certificates of achievement to the participants in the splendour of the Inverness Town House, and wide positive publicity in the media for “moderate” Islam.
Hate crime against Muslims

A UK wide government-backed project set up in 2012 to monitor anti-Muslim hate has recorded 632 incidents in its first year.

Three-quarters of the incidents recorded by Tell Mama occurred online, with Twitter particularly highlighted as a source of abuse. In cases of verbal or street-based abuse those behind the project say it is Islamic clothing, like hijabs, that singles people out.

In January a pig's head was left in the garden of an Afghan family in London. There have been a number of incidents involving pork-based items being left at mosques and in December a cross wrapped in ham was left outside the home of a Muslim family in Bingham, Nottinghamshire.

Support from the Jewish community

What is encouraging is the support, which is apparent from the Jewish community, on whose monitoring model the Muslim initiative is based. The Community Safety Trust (CST), which has for almost 30 years been recording incidents of anti-Semitism in the UK has indicated:

"CST is glad that our work countering anti-Semitism has helped Tell Mama provide the Muslim community with a proper mechanism for reporting and understanding anti-Muslim hate crimes. It has taken CST nearly 30 years of focus and professionalism to get to where we are today, so what Tell Mama has achieved in just one year is very impressive.…. if our joint co-operation helps break down barriers between British Muslims and Jews, then all the better."

Muslims in Scotland

The Scottish Muslim population is dwarfed by the much larger 2.7 million in England and Wales. Immigration of Muslims to Scotland is relatively recent, the bulk of Muslims in Scotland come from families who immigrated during the late 20th century.

The 2011 census analysis published by the Scottish government, indicates that In Scotland Muslims represent 0.9% of the population (42,557), with 30,000 in Glasgow (there are 10 times this number in Birmingham alone). Many Scottish Muslims are of South Asian descent primarily hailing from Pakistan, whose well documented political turmoil is rightly or wrongly associated with the more “extreme” adherents of Islam.

Islam misrepresented

In 2006, the Scottish Communities Minister opined that Islam is often "misunderstood, misinterpreted and misrepresented" and that anti Islam comments or abuse would not be tolerated in a Scotland which values religious diversity.

Notwithstanding, I am aware that many Muslims still feel vulnerable.

Indeed, there appears to be an increasing groundswell of opinion in the Muslim community in England, that the government does not offer the level of support that is justified by the vast majority of “moderate” Muslims, but chooses to focus on the radicalised minority and their excesses, both in the UK and abroad, for purely political ends. This would seem to accord to a considerable extent with what is being said by Lord Carey in respect of the government attitude to Christianity and the Christians’ feelings of persecution.

Religion: challenges from change

Like society at large, religion is looking to address change and challenges which are now on a global scale. The new Pope Francis has focussed very much on social justice, and a simpler “back to basics” approach. Included in the group that prayed with Pope Francis at the crypt of St Peter at his inauguration was the Ecumenical Patriarch of Constantinople, Bartholomew. It was the first time since the split between the Eastern and Western churches in 1054 that the leader of the Eastern Orthodox churches has attended a papal inauguration.

Different denominations, and different religions, share many of the same challenges - scepticism and indifference for example - in the increasingly secular Western world.

In order to move with the times, and contribute to the development of a society which does not tolerate inequality or discrimination, as well as having the mechanisms in place to deal with it, churches, I would suggest, have a potentially pivotal role to play, but need to work smarter, and of equal, perhaps greater importance, together.

Positive change

On a positive note, with particular reference to Scotland, I am reminded of an Aberdeen Episcopal Church which recently opened its doors to local Muslims whose adjacent mosque was too small to accommodate them.

Despite unwarranted, primarily online, criticism from some, Muslims and Christian worshippers at St John's Church hope their special relationship could serve as a model for the rest of the country. Indeed, the Episcopal Bishop of Aberdeen and Orkney, Dr Robert Gillies, said the arrangement at St John's could serve as a lesson for the rest of the world.

''What we are doing here, is something local that has global significance,'' he said.

''We have demonstrated that Christians and Muslims do not have to agree with one another. But they can learn to respect each other's different beliefs and actually come to get along and even like one another." Take note, please, the religious persecutors of Indonesia, Southern India and Sri Lanka and Burma.

Religious tolerance in Scotland

In Scotland, religious tolerance even within the various Christian communities has proved challenging enough, the West of Scotland catholic protestant anxieties, and the splits within the Free Church, for example.

To add to the mix the impact of globalization and the influence of an increasingly diverse ethnic community, including Islam, contributes considerably to the difficulties of applying the requirement to “the fostering of good relations between individuals who share protected characteristics”, in this case religion and belief, of which the Aberdeen initiative is an excellent example. As if that is not enough, one must add the complicating dimensions of same sex marriage, women priests, celibacy and historical allegations of abuse.

Fostering good relations - Equality Act 2010

Interesting times lie ahead for religion, within and outside Scotland. In that context, the government, which is subject to the equality duty to foster good relations between individuals who share protected characteristics and for removing or minimising disadvantages suffered by people due to their protected characteristics, needs to play a more proactive part in addressing the legitimate concerns of both Christians and Muslims that they are being increasingly subject to persecution.

GORDON ELLIS, APRIL 2013

Equality Challenges facing the "New" Police Service

Corstorphine Police Station in Edinburgh

As of 1st April 2013 a new single Scottish police force will replace 8 regional and 2 national police agencies.

The amalgamation presents a number of challenges to policing in Scotland. One of the biggest challenges comes from the legal obligations the new force will inherit as a public authority, an large employer and as a service provider under the Equality Act 2010.

This article explores what potential risks and opportunities exist for the new force from an equalities perspective.

Legal obligations

The Equality Act will apply to the new police force. 

This means that the new force will have several legal obligations that cannot be ignored.

As a public authority, the force will have to have "due regard" to the promotion of equality of opportunity, the elimination of unlawful discrimination and the fostering of good relations between individuals who share protected characteristics.

The force will also act as an employer; not just of police officers but also of a large number of civilian staff. The force must not discriminate, harass or victimise someone because of their protected characteristic.

It is also likely, that the force will be a service provider. This means, that the clients or customers of the police are entitled not to be discriminated against in accessing police services.

It is all very well talking about these issues in the abstract. However, what will it mean in practice?

Example one - Hate Crime

This is the sort of racist graffiti that should be classified as a hate crime

It has already been acknowledged, by the incumbent Chief Constable, that there may be differentials between each of the individual force areas, in relation to the recording and processing of crime information.

This is due to different IT, training and employment practices between each of the existing police forces.

How this will impact upon the recording and monitoring of hate crime remains to be seen.

The identified issue here is not one of a lack of information within the police service generally about hate crime, but rather in the administrative processes behind reporting, identifying and then tackling hate crime at a local area.

Each individual police force areas utilises its own computer systems. Likewise, each individual force currently has separate training regimes in place for training both civilian staff and police officers concerning hate crime issues - or equality related issues generally.

It is unclear whether or not a new single police force will be any better equipped to deal with hate crime than its 8 predecessor forces.

The general duty described above, requires the new force to eliminate unlawful discrimination and to promote equality of opportunity and to foster good relations.

If the IT and administrative structures of the new force are not up to the task of properly identifying, recording and tackling hate crime, then it is likely that this could constitute unlawful discrimination.

It is also likely, that the new force will not be able to comply with either the general duty or the scottish specific duties.

This could leave the new force open to judicial review of decisions taken if it has not had "due regard" to these important legal obligations in adopting new IT, administrative and training systems for the prevention, recording and detection of crime.

Example 2 - Employment Practice

In all likelihood, there will be some job losses as a consequence of dismantling 8 regional police forces and consolidating these into as single scottish police force.

The most likely source of job losses will be in administrative and back of house roles. because the Scottish Government has made clear that it does not want to reduce the number of front line Police.

At the moment, each individual force has identified individuals responsible for particular equality remits. For example, many local forces have community liaisons officers responsible for pro active engagement with LGBT people, minority ethnic and particular religious groups. Similarly, other administrative roles are also primarily concerned with the pro active promotion of equality with each individual force area.

It remains to be seen whether or not such arrangements will survive after April 1st.

It also remains to be seen whether or not the new force will adopt local equality training and promotion practice or if these particular functions will be centralised - one central equality officer replacing 8 regional officers.

It is also important to ensure that as a consequence of staff attrition, particular staff skill sets, such as those dealing with equality issues are not lost.

I do not know if the new police services authority, which is meant to supervise the work of the new force, has considered this point.

It is my experience, that many public bodies, when considering redundancy situations look to cover the basic legal requirements alone. It may not occur to them to also think further about the wider equalities impact of any redundancy exercise.

Example 3 - Service Provision

It will be unlawful for the new police force to discriminate in the provision of services. However, this duty goes beyond the obvious - denying access to the police services, harassing or victimising particular groups or individuals because they share a protected characteristic.

Consider the example of campaigns designed to tackle domestic abuse.

At the moment, under 8 separate authorities, each force is empowered to work with communities and other stakeholders on particular campaigns.

In Strathclyde, a poster campaign was launched to highlight the effect of rape and domestic abuse. In Lothian and Borders, similar posters are displayed at each local police station.

What is important here, is that a message gets delivered that victims of domestic abuse will be properly supported and that the police will act to prevent domestic abuse in what ever form it takes.

The majority of campaigns on domestic abuse are gendered - they specifically target men as perpetrators and women as victims. The majority of reported cases of domestic abuse follow this pattern and it appears logical that campaigns are designed around this model.

However, as our understanding of domestic abuse develops a new picture begins to emerge. In this new picture, we now see that domestic abuse can take place in same sex relationships too and that men can also be victims as well as perpetrators of domestic abuse. It is estimated that around 20% of cases reported and recorded in scotland place men in the role of victim.

The new police force cannot discriminate in the provision of services. This means that where a particular campaign is launched around an important social policy - such as tackling domestic abuse - that this campaign should not discriminate or stereotype to be more specific.

To a certain extent, this is already happening. Strathclyde made a point of highlighting that abuse can occur within a same sex relationship too as well as in mixed sex relationships in its latest poster campaign. However, there has yet to be any campaign, whether at a local or national level, addressing the issue of domestic abuse where men are portrayed in the role of victim and requiring support.

Hope for the Future

This article has sought to explore some of the equality issues and challenges that will face the new police force from April 1st.

I hope that the new force and the scottish police authority take the importance of these obligations seriously in order to build both the trust and confidence of the many diverse communities they will be empowered to serve.