No CrossRef data available.
Article contents
Modern Sanctuary
Published online by Cambridge University Press: 31 July 2008
Extract
Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.
The history of the ancient concept of sanctuary has been discussed in the pages of this Journal in earlier volumes. In response to Professor Baker's article, Fr Robert Ombres, O.P. wrote to the Journal to inform readers that sanctuary had recently been used in America and Britain. The use of this ‘modern sanctuary’ has been the subject of some lively discussion at a recent London meeting and in Cardiff amongst the Canon Law LLM students. This article seeks to address some of the contemporary issues regarding the modern use of sanctuary in Britain and continental Europe today.
- Type
- Research Article
- Information
- Copyright
- Copyright © Ecclesiastical Law Society 1996
References
1 Baker, J. H.. ‘The English Law of Sanctuary’ (1990) 2 Ecc LJ 8Google Scholar. Field, T.. ‘Biblical Influences on the Medieval and Early Modern English Law of Sanctuary’ (1991) 2 Ecc LJ 222.Google Scholar
2 (1990)2 Ecc LJ 121.
3 ‘Sanctuary Past and Present’ presented by the author at the London meeting on 12th July 1995 and as a lecture in Cardiff on the LLM programme on 15th July 1995.
4 The author is grateful for the comments made on the paper but wishes to emphasise that the opinions expressed in this article are her own and do not necessarily represent those of either discussion group.
5 21 Jac. I.e. 28. s. 6 & 7(1623–4).
6 Ryan, W. C.. ‘The Historical Case for the Right of Sanctuary’ (1987) Journal of Church and State 209–232. 229.CrossRefGoogle Scholar
7 Sanctuary was often used as a means of preventing a trial unlike benefit of clergy which was used as a plea at trial.
8 Letter from Fr Robert Ombres O.P. (1990) 2 Ecc LJ 121. Jones, W. R. ‘Sanctuary. Exile, and the Law: The Fugitive and Public Authority in Medieval England and Modern America’ in English Law ami the American Experience Cawthon, E. A. and Narrett, D. E. eds.. (Texas. 1994). 35.Google Scholar
9 For information on the American sanctuary movement: Bau, I.. This Ground is Holy (New Jersey. 1985).Google Scholar
10 Churches Commission for Racial Justice Discussion Paper (CCRJ). The Churches, Immigration Law and Sanctuary (1995).Google Scholar
11 Weller, P.. The Multi-faith Dimensions of Sanctuary in the United Kingdom (1989) 17Google Scholar Pamphlet Library No. 21 Centre for the Study of Religion and Society. University of Kent at Canterbury.
12 One Minister of State observed that Mendis'‘… participation in political opposition to the Sri Lankan government, and his willingness to be identified in that cause, increased quite disproportionately alter he had been obliged by circumstances to make an application lor political asylum.’ [1988] Imm AR 12. Cohen, R.. Frontiers of Identity: The British and Others (London. 1994). 148.Google Scholar
13 Community and Race Relations Unit of the British Council of Churches (CRRU ). Why Sanctuary:' (1989)Google Scholar. This booklet contains details of a number of cases.
14 Briefing (20 01 1988) 31–39. 39.Google Scholar
15 CRRU. Why Sanctuary? 29.
16 For general discussion on Christian opposition to unjust law: Mackie, S. G.. Civil Disobedience as Christian Obedience (London. 1983).Google Scholar
17 CCRJ. The Churches. Immigration and Sanctuary 1.
18 Article 14(2) provides that ‘[t]his right may not he invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.’
19 Dummett, A. and Nicol, A.. Subjects. Citizens -Aliens and Others (London. 1990). 280.Google Scholar
20 Together with subsequent Protocols.
21 Sieghart, P.. The International Law of Human Rights (Oxford. 1983). 190Google Scholar. Feldman, D.. Civil Liberties and Human Rights in England and Wales (Oxford. 1993). 328.Google Scholar
22 1 A(2).
23 For information on practice: 1. MacDonald, A. and Blake, N. J.. Immigration Law and Practice in the United Kingdom (London. 1991). 290.Google Scholar
24 This issue is also relevant for the discussion of the use of sanctuary in other European countries included later in this article.
25 CRRU. Why Sanctuary? 24.Google Scholar
26 CCRJ. The Churches, Immigration and Sanctuary 23.Google Scholar
27 For general information: Supperstone, M. and O'Dempsey., D.Immigration: The Law and Practice (London. 1994).Google Scholar
28 Archibold. Criminal Pleading. Evidence and Practice (London. 1994) 25–158Google Scholar. R. v. Mistry. R. v. Asare [1980] Criminal Law Review 177.Google Scholar
29 Where a person is hidden or ‘goes to ground’ within the private house of an individual.
30 CCRJ. The Churches. Immigration Law and Sanctuary.
31 Mason, R. and Forbes, D.. Nearest Place of Safety (Brussels. 1994)Google Scholar Quaker Council for European Affairs 55.
32 Two hundred within Holland. Some signatures are representative of a number of churches. Mason, and Forbes, . Nearest Place of Safety 55.Google Scholar
33 CRRU. Why Sanctuary? 42.Google Scholar
34 Mason, and Forbes, . Nearest Place of Safety 56–59.Google Scholar
35 Dutch Council of Churches, commissie justitia et pax nederland. Church Sanctuary (1993)Google Scholar. I am grateful to The Rev. Mr. Haslam at the Churches Commission for Racial Justice for providing this and Assistance not Resistance.
36 ‘Churches Take on Bonn Over Asylum-seekers’ International Herald Tribune (18 June 1994).Google Scholar
37 Mason, and Forbes, , Nearest Place of Safety 56.Google Scholar
38 EKD Bulletin No. 4. Assistance Not Resistance (1994).Google Scholar
39 The Daily Telegraph (6 May 1995).Google Scholar
40 As at July 1995.
41 The paper has been commended to churches for discussion and comment. Copies are available from CCJR. Interchurch House. 35. Lower Marsh. London. SE1 7RL.
42 ‘Howard Acts to Stem Asylum Seekers’. The Times (1 July 1995).Google Scholar
You have
Access