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Turning on Turtles subscriber-only content

Stephen Sedley

  • Fundamental Values edited by Kim Economides et al

About ten years ago, bans were imposed by two French municipalities on local funfairs where, for a few francs, revellers had been permitted to shoot a dwarf from a cannon. The official reason was the maintenance of public order, but the regional courts which initially overturned the bans pointed out that the shows were entirely orderly. The real issue was human dignity; but the people whose dignity was being compromised were the dwarfs who made their living from the spectacle and were among the chief opponents of the ban. The Conseil d’Etat, the final appeal court, restored the prohibitions, deciding that public order included public morals and that these were violated by assaults on human dignity even in cases where the victim was willing.

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Stephen Sedley is a lord justice of appeal for England and Wales and president of the British Institute for Human Rights. He gave the 2007 Mishcon lecture at University College London under the delphic title ‘Bringing Rights Home: Time to Start a Family?’

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