Comment by amrocha
6 hours ago
I’m not a lawyer, and many of these cases are not famous enough to be reported on in a format easily understandable to a layperson. I’m also not going to read through case resolutions to respond to a hacker news comment. I did take a cursory look at the examples you wrote though.
I will admit that my original statement lacks nuance, which makes it easy to nitpick.
Having read some of your cases though, a pattern emerged: it’s usually supra national organizations adjudicating these cases, and the nations are not bound by the rulings.
For example, in Hirst vs UK it was ruled that it’s a violation of human rights to deny prisoners the vote, and yet the UK government deliberately ignored that ruling and as a result prisoners still can’t vote in the UK. Not to mention that when this case was brought up in a UK court it was dismissed.
Hirst v United Kingdom (No 2) (2005) ECHR 681 is a European Court of Human Rights case, where the court ruled that a blanket ban on British prisoners exercising the right to vote is contrary to the European Convention on Human Rights. The court did not state that all prisoners should be given voting rights. Rather, it held that if the franchise was to be removed, then the measure needed to be compatible with Article 3 of the First Protocol, thus putting the onus upon the UK to justify its departure from the principle of universal suffrage.
There are numerous examples of citizens winning court cases against the government.
Take the just the uk, three examples:
Anti‑protest regulations (Liberty v Home Secretary)
Air pollution litigation (ClientEarth v UK Government)
Rwanda asylum plan (AAA & Others v Secretary of State
Windrush - Members of the Windrush have repeatedly challenged the Home Office over wrongful detention, removal, and denial of rights, leading to government admissions of unlawfulness and an official apology in 2018.
Your claim is false. The world is not the same the world over, civil liberties are better in some places than in others.