The United Kingdom and Human Rights - College of Social ...

180 Values and Civil and Political Liberties
children is likely to misconduct him or herself towards
his or her charges because the welfare of children and
young persons must be paramount in potential cases of
conflict of rights or interests. However, there must never
be a general presumption that persons known to have a
different sexual orientation are unfit and will occasion
harm to young persons.
A last development, within the capacity of the
judiciary to introduce, is a doctrine of proportionality in
terms of which they would evaluate whether the
substantive measures taken and the means employed
were required and were appropriate limitations on
rights. Signs of such a doctrine already exist in
administrative law. An additional benefit of incorporating
the European Convention on Human Rights is that it
would import that doctrine, which is prevalent in Europe
and may in the long run be incorporated by judgments
of the European Court (EEC).
Conclusion
My conclusion is that neither British society nor the
present administration has been like Rip Van Winkle and
forgotten civil liberties. Nonetheless, all Governments
tend to take a few winks, and need prodding, if they are
not to nod off. The Press, by and large, and nongovernmental
organisations perform outstandingly well
as alarm clocks. Governments do tend to be complacent,
slow to change and inherently nervous. They do not
consider their prime task to be promotion of civil liberty
and are relatively immune to protest and criticism of
police misbehaviour or to allegations of discrimination
against whose who seek a home in a country considered
by much of the world to be a haven of freedom and