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Professor Helen Fenwick's Outputs (112)

Reflections on balancing Articles 8 and 10 in the context of MPI - past, present and future (2024)
Journal Article
Fenwick, H. (2024). Reflections on balancing Articles 8 and 10 in the context of MPI - past, present and future. Journal of Communications and Law, 29(4), 150-167

This article examines speech/privacy balancing under the tort of misuse of private information, in order to argue that the past down-grading of privacy within the balancing act as a feature of pre-HRA jurisprudence, and of the early post-HRA years, c... Read More about Reflections on balancing Articles 8 and 10 in the context of MPI - past, present and future.

The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court (2023)
Book Chapter
Fenwick, H., & Hayward, A. (2023). The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court. In P. Behrens, & S. Becker (Eds.), Justice After Stonewall: LGBT Life between Challenge and Change. Routledge. https://doi.org/10.4324/9781003286295-13

Only a minority of jurisdictions currently permit same-sex marriage – among them, England and Wales (from 2013), Scotland (from 2014) and Northern Ireland (from 2020). This chapter explores the drive towards marriage equality from a domestic perspect... Read More about The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court.

Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR (2022)
Book Chapter
Fenwick, H. (2022). Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR. In P. Czech, L. Heschl, K. Lukas, M. Nowak, & G. Oberleitner (Eds.), European Yearbook on Human Rights 2022 (309-344). Cambridge University Press. https://doi.org/10.1017/9781839703447.012

Some advocates of free speech are currently arguing that universities and other organisations are far too prompt to accept curbs on expression or expressive acts in relation to issues such as transgender rights, racism, feminism, religious extremism.... Read More about Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR.

A critique of audience rights to receive information and ideas under a democratic interpretation of freedom of expression: the stance of the Strasbourg Court (2022)
Book Chapter
Fenwick, H. A critique of audience rights to receive information and ideas under a democratic interpretation of freedom of expression: the stance of the Strasbourg Court. In C. Girard, & P. Auriel (Eds.), Freedom of expression and democracy in Europe. Oxford University Press

This chapter concerns the rights of the "listener" to receive information, ideas, opinions. It will consider a range of ways in which a democratic interpretation of freedom of expression, understood here as the freedom to receive information and idea... Read More about A critique of audience rights to receive information and ideas under a democratic interpretation of freedom of expression: the stance of the Strasbourg Court.

Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information (2022)
Journal Article
Brimblecombe, F., & Fenwick, H. (2022). Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information. Northern Ireland Legal Quarterly, 73(1), 26-73. https://doi.org/10.53386/nilq.v73i1.999

Globally, enhanced data protection schemes are being introduced in the face of threats to privacy in the digital era. In England and Wales protection from one such threat – from unconsented-to disclosures of private information online - is covered by... Read More about Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information.

Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools (2020)
Journal Article
Fenwick, H., & Fenwick, D. (2020). Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools. Public Law, 2020, 661-679

Reflects on whether the Prevent strategy, intended to avoid persons being drawn into terrorism, is chilling expression in schools. Examines Prevent's operation, whether the term "extremism" is over-broad, whether referrals of pupils hinders free spee... Read More about Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools.

‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’ (2019)
Journal Article
Fenwick, H., & Fenwick, D. (2019). ‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’. European Human Rights Law Review, 3, 247-273

Manifestations of prejudice against sexual minorities are currently especially resurgent in certain “Eastern” Council of Europe Member States. This article argues that the current approach at the Strasbourg Court in this context shows tensions betwee... Read More about ‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’.

Protecting free speech and academic freedom in universities (2018)
Journal Article
Cram, I., & Fenwick, H. (2018). Protecting free speech and academic freedom in universities. Modern Law Review, 81(5), 825-873. https://doi.org/10.1111/1468-2230.12366

Restrictions on speaking events in universities have been created both by recent student‐led efforts at ‘no‐platforming’ and by Part 5 of the Counter‐terrorism and Security Act 2015 which placed aspects of the government's Prevent strategy on a statu... Read More about Protecting free speech and academic freedom in universities.

‘Reconciling international human rights law with executive non-trial-based counter-terror measures: the case of UK temporary exclusion orders’ (2018)
Book Chapter
Fenwick, H. (2018). ‘Reconciling international human rights law with executive non-trial-based counter-terror measures: the case of UK temporary exclusion orders’. In P. Auriel, O. Beaud, & C. Wellman (Eds.), The Rule of Crisis: Terrorism, Emergency Legislation and the Rule of Law (121-156). Springer Verlag

Non-trial-based measures, in particular executive detention, have at various times been resorted to by democracies as part of their counter-terror strategies. Western democracies are facing an unprecedented rise in ‘home-grown’ terrorism; the threats... Read More about ‘Reconciling international human rights law with executive non-trial-based counter-terror measures: the case of UK temporary exclusion orders’.

Statutory 'Prevent' duties of universities (2017)
Presentation / Conference Contribution
Fenwick, H., & Laws, L. J. (2017, December). Statutory 'Prevent' duties of universities. Paper presented at Extremism: A Warning from History, Cumberland House, Berkshire

Presentation on UK counter-terror measures (2017)
Presentation / Conference Contribution
Fenwick, H. (2017, December). Presentation on UK counter-terror measures. Paper presented at UN Expert group meeting on combating racism, xenophobia and discrimination in the context of counter-terrorism, Budapest, Hungary

Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically (2017)
Journal Article
Fenwick, H., & Hayward, A. (2017). Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically. European Human Rights Law Review, 2017(6), 544-563

This article interrogates the extent to which the formal recognition and protection of same and different-sex relationships at Strasbourg and in domestic courts has been accepted as attracting human rights protection. In order to do so it considers h... Read More about Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically.

The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality? (2017)
Journal Article
Fenwick, H., & Masterman, R. (2017). The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?. Modern Law Review, 80(6), 1111-1136. https://doi.org/10.1111/1468-2230.12304

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the cur... Read More about The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?.

Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’? (2017)
Journal Article
Fenwick, H. (2017). Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’?. Public Law, 609-626

Considers the extent to which control orders and terrorism prevention and investigation measures (TPIMs) can be reconciled with the provisions of the Human Rights Act 1998. Discusses the initial minimising of rights under control orders, the subseque... Read More about Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’?.

Terrorism threats and temporary exclusion orders: counter-terror rhetoric or reality? (2017)
Journal Article
Fenwick, H. (2017). Terrorism threats and temporary exclusion orders: counter-terror rhetoric or reality?. European Human Rights Law Review, 2017(3), 247-271

Western democracies are currently facing a terrorist threat which comes mainly from their own Salafist-jihadi supporting citizens. In evaluating the threat there is at present a particular focus on nationals who have travelled abroad to support ISIS,... Read More about Terrorism threats and temporary exclusion orders: counter-terror rhetoric or reality?.