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Overview
Affiliations
AffiliationRoom numberTelephone
Professor of Durham Law SchoolPCL121+44 (0) 191 33 42831
Member of Centre for Criminal Law & Justice  
Member of Durham European Law Institute  
Director of Human Rights Centre  

Biography

My research interest lies in the field of civil liberties and human rights. Within that field my main interests are in counter-terrorist law and policy, media freedom of expression (in particular contempt law, obscenity law and privacy law), public protest, and the influence of the European Convention on Human Rights under the Human Rights Act. The publications listed below, in particular my two single-authored books, concentrate on those areas. My current research focuses on counter-terrorist measures, media freedom of expression and judicial reasoning under the Human Rights Act.

I am interested in supervising research students (for PhDs or Mjurs) in the following areas:  The Human Rights Act, Bills of Rights, counter-terrorism law and policy, privacy and media freedom, hate speech laws, English contempt law or obscenity law.

Research Supervision

Mr Chris Wood

Ms Rachel Cullen

Ms Katherine Thompson

Mr Faris Al-Anaibi

Mr Kevin Crawley

Mr Kaushik Paul

Mr Mustafa Akgun

Ms Tara Beattie

Ms Fiona Brimblecombe

Ms Judith Skillen

Teaching Areas

Media Law
Civil Liberties and Human Rights

Organisation and Promotion of Research
  • Human rights Consultant for Doughty Street Chambers, ongoing
  • Member of the Commonwealth Scolarship Commission in the United Kingdom (2016-2023)
  • 2005-9 Director of Research, Durham Law School; responsible for the RAE submission and Chair of the Research Committee
  • Co-Director of the Durham University Human Rights Centre 2001-2012
  • Convenor of the Civil Liberties and Human Rights Subject Section for the Society of Legal Scholars 2002-201
Digital Media
Selected Media Appearances
  • 26.9.17 interview with New Scientist on Schedule 7 Terrorism Act powers
  • 3.6.17 Gave paper jointly with Lord Justice Laws, Cumberland House, Berkshire, symposium on ‘Extremism: A Warning from History’
  • 24.6.17 Presentation on UK counter-terror measures to UN Expert group meeting on combating racism, xenophobia and discrimination in the context of counter-terrorism, Budapest
  • Week of 22.5.17 range of interviews with regional radio stations and newspapers on counter-terror measures and the Manchester attack
  • 31.3.17 interview about the UK’s counterterrorism laws in relation to the first British woman to join a female militia in Syria The Times
  • 23.3.17 Interview for Brazilian newspaper Folha de São Paulo on the attacks in London
  • 3.1.17 interview with BBC Radio 4 World at One, at 1.15, and BBC Radio 5 Live about Ryan Lock who died in Syria fighting ISIS; relevance of counter-terror measures
  • 30.11.16 ‘The Role of Parliaments in Overseeing Measures Implemented to Prevent and Counter Violent Extremism’ for members and staff of the Assembly of Kosovo and parliamentary delegations from Western Balkan countries, Pristina, Kosovo
  • 28-29 April 2016: my work on non-trial-based counter-terror measures presented in an international conference at the Maison française d'Oxford: "The Rule of Crisis: Crisis legislation, emergency and rule of law from a comparative standpoint" 
  • 7.8.16 Raising The Bar 11am, BBC Radio 5 live - Series 2, Episode 3 on Control orders and counter-terrorism
  • 29.6.16 interview with Metro Radio on risk of ‘lone-wolf’ terror attacks in UK
  • 24.3.16a discussion on Islamic terrorism for Sputnik Radio 2 pm
  • 23.3.16 BBC Radio North East 8 a.m. Breakfast Show live – on Brussels attacks and security measures including surveillance
  • 22.3.16 a live skype interview with Russia Today, 11.50 on the Brussels attacks and counter-terror measures.
  • 22.3.16 Interview with Metro Radio on the Brussels attacks and their wider implications
  • 16.2.15 Interview with Wall Street Journalon use of CCTV, surveillance in Europe generally and the attacks in Copenhagen, journalist Schechner, Sam
  • 11.2.15 Interview with the Guardian, for piece by Emine Saner on British nationals returning from fighting not for ISIS, but against ISIS (with the Kurdish YPG army)
  • 22.8.14 Appeared on BBC News 24 to outline the existing laws available to the UK government to restrict the movement of UK nationals suspected of involvement with terrorist organisations.
  • 24.4.14 BBC South East Televised interview on British nationals fighting in Syria, terrorist offences.
  • 24.4.14 BBC 1 Live interview on British nationals fighting in Syria, terrorist offences 
  • 14.11.14 Live interview with Julia Hartley-Brewer LBC ‘Use of temporary exclusion orders against returnees from Syria and seizure of passports’
  • 4.4.15 LBC Radio, live phone interview with Ken Livingstone and David Mellor on Britons travelling to Syria
  • 11.12.13 Wall Street Journal interview on Lee Rigby murderers trial, reporter Alexis Flynn
  • 19.8.13 Aftenposten (Norwegian) Camerons høyest betrodde sendt for å presse The Guardian
Consultancy/Expert Advice

UN workJune 2014: gave 2 presentations and led a working group at the UN workshop in Tunisia for representatives from MENA nations (Saudia Arabia, Lebanon, Yemen, etc) on developing a framework for freedom of information in their countries

  • In March and April 2013 worked on comments on the draft UNODC freedom of expression tool. Attended UNODC International Expert Group Meeting on 11-12 April, Vienna, Vienna International Centre, involving 50 international experts from law, from journalism and from NGOs from around the world, 1 for each country represented; the meeting was the main event in the UNODC Initiative on Promoting Responsible and Professional Reporting on Corruption on the basis of the UN Convention against Corruption. July 2013 draft document circulated: Promoting Responsible and Professional Reporting on Corruption on the Basis of the United Nations Convention against Corruption; provided comments on: Journalistic Source Protection and intimidation of journalists, especially at borders (example of Miranda and Sched 7 Terrorism Act 2000); the right of access to information; self-regulation of the press; ‘citizen journalism’.  The freedom of expression tool will be finalized and promulgated to all the UN member states in late 2013.
  • Law Commission ongoing work on reform of contempt law: relates to my three chapters on contempt in Fenwick and Phillipson Media Freedom under the Human Rights Act (2006,OUP), and to my chapter in Borrie and Lowe on Contempt (Lexis Nexis, 4th edn 2010). Law Commission: Contempt of Court: A Consultation Paper (No 209) (2012). Chap 4 referred extensively to the three chaps on contempt I wrote in Media Freedom. I also wrote, with G Phillipson, a briefing note on the consultation for the Commission in November 2012.
  • Gave evidence to the Joint Committee on the Draft Enhanced Terrorism Prevention Measures Bill (ETPIM Bill) on 24th October 2012. The Committee was conducting pre-legislative scrutiny on the draft Bill, and reported to Parliament on November 9th 2012 with its recommendations (Draft Enhanced Terrorism Prevention Measures Bill: Report HL Paper 70, HC 495, 27.11.12) which included a range of references to my evidence (at pp6,18,25,26,30, 31). 
  • Universities UK, AREC and University of Warwick working in partnership 24.4.13 - training session for research ethics officers, research assistants, IT personnel: Counter-terrorism law and security research
  • Expert advisor for Liberty 2006
  • Advice on counter-terrorist policy to Canadian High Commissioner 2006
  • Expert assessor OSCE ODIHR Roundtable, Warsaw 2006
  • Council of Europe: expert advice on criminal justice and public order laws, Armenia, 2008, Moldova 2001
  • 2001 - present Human Rights Consultant for Doughty Street Chambers, London

Research interests

  • Counter-terrorist law and policy
  • Media freedom of expression (in particular contempt law, obscenity law and privacy law)
  • Public protest
  • Human Rights Act; proposals for a Bill of Rights

Research groups

  • CCLCJ
  • Centre for Chinese Law and Policy
  • Centre for Criminal Law and Criminal Justice
  • Gender & Law at Durham
  • Human Rights Centre

Research Projects

  • Grants

Awarded Grants

  • 2002: THE HUMAN RIGHTS ACT AND LEGAL REASONING(£139128.00 from Arts & Humanities Research Board)

Media Contacts

Available for media contact about:

  • English Law: civil liberties issues - especially police powers and discrimination
  • Law & Crime: Counter-terrorist law and policy
  • Terrorism: Counter-terrorist law and policy
  • Terrorism: Terrorism
  • Politics & Society: Public protest
  • Law & Crime: Media freedom of expression (in particular contempt law, obscenity law and privacy law)
  • English Law: Media freedom of expression (in particular contempt law, obscenity law and privacy law)

Publications

Authored book

Book review

Chapter in book

Edited book

Journal Article

Monograph

  • Fenwick, Helen. (2000). Civil Rights: New Labour, Freedom and the Human Rights Act. Longman.

Presentation

  • Fenwick, H (2017), Presentation on UK counter-terror measures, UN Expert group meeting on combating racism, xenophobia and discrimination in the context of counter-terrorism. Budapest, Hungary.
  • Fenwick, H & Lord Justice Laws (2017), Statutory 'Prevent' duties of universities, Extremism: A Warning from History. Cumberland House, Berkshire.
  • Fenwick, H (2013), Setting the limits of political self-determination in democracies in relation to international human rights, Centre for International Law and HUman Rights. University of Lancaster, University of Lancaster.
  • Fenwick, H (2013), The Bill of Rights Commission Report: Fulfilling Conservative expectations and airing Conservative plans, Society of Legal Scholars Annual Conference. Edinburgh, Edinburgh.
  • (2013), The Bill of Rights Commission Report: disappointing Conservative expectations or fulfilling them?, Bill of Rights Commission Report: Where are we now?. Durham, England, Durham.
  • Fenwick, H (2013), Post 9/11 UK counter-terrorism cases in the European Court of Human Rights: a ‘dialogic’ approach to rights’ protection or appeasement of national authorities?, Critical Debates on Counter-Terrorist Judicial Review. Durham, England, Durham.
  • Fenwick, Helen. (2012), Counter-terror strategies, the roles of technology and accountability: mass camera surveillance in the UK as a case study, The Hague, The Netherlands The Hague.
  • Fenwick, Helen. (2011), Constructing suspect Muslim communities: UK preventive counter-terrorist strategies in conflict with human rights Keynote lecture, 25 Nov; Immigration & Integration in an Age of Austerity: Challenges and Opportunities, The London International Human Rights Congress 2011: 'Immigration & Integration in an Age of Austerity: Challenges and Opportunities'. Houses of Parliament, London, The Institute of Cultural Diplomacy, Houses of Parliament, London.
  • Fenwick, Helen. (2010), The Human Rights Act or a British Bill of Rights - riding back on human rights' protection?, The Human Rights Act – 10 years on. Salford, England, Salford.
  • Fenwick, Helen. (2010), Counter-terror law and policy in the UK post 9/11: acceptance of extraordinary measures and the incremental return to adherence to ECHR human rights norms, Conference on Global Anti-Terrorism. Sydney, Australia, Sydney.
  • Fenwick, Helen. (2009), Current UK counter-terrorism policy: Responding to Belmarsh - the UK control orders regime, New York, USA (Cardozo Law School), Cardozo Law School, New York.
  • Fenwick, Helen. (2009), Breach of the peace, the Human Rights Act and public protest, Modern Convention on Liberty. Belfast, UK, Belfast.
  • Fenwick, Helen. (2009), Marginalising human rights: breach of the peace, “kettling”, the Human Rights Act and public protest, SLS Centenary Conference. Keele, England, Keele.
  • Fenwick, Helen. (2009), Re-defining the rights to liberty and due process in the context of counter-terrorism – the control order phenomenon, Freiburg, Germany, Max Planck Institute, Freiburg.
  • Fenwick, Helen. (2009), Private Information and Public Places: Recent Developments in European and English Law, Luxembourg.
  • Fenwick, Helen. (2008), Proactive counter-terrorist strategies in conflict with human rights, ESRC Seminar Series - Ethics and the War on Terror Birmingham, England, Birmingham.
  • Fenwick, Helen. (2007), The Human Rights Act, Public Protest and Judicial Activism, The Individual vs. the State. Budapest, Hungary (Central European University), Central European University, Budapest.
  • Fenwick, Helen. (2006), Counter-terrorism Law and Policy in the UK: the changing balance between human rights and security, Warsaw Symposium on Terrorist Law and Policy. Warsaw, Poland, the Transatlantic Policy Consortium, Warsaw.
  • Fenwick, Helen. (2005), The Relationship between Freedom and Security in Europe, The British Perspective. Berlin, Germany, Friedrich-Ebert-Stiftung Foundation, Berlin.
  • Fenwick, Helen (2004), Indefinite Detention without Trial - the “response” of Great Britain's legal order to September 11 2001: conflicts with fundamental rights, The European Anti-Terrorist Legislation and the protection of fundamental rights and liberties. Brussels, Brussels, Brussels.
  • Fenwick, Helen. (2004), Fundamental rights and the UK’s anti-terrorist legal policy, international conference on Global Terrorism. Singapore, Malaysia, Singapore.
  • Fenwick, Helen (2004), Part 4 ACTSA – recent developments, SLS conference. Sheffield, England, Sheffield.
  • Fenwick, Helen (2003), Breach of confidence after NIB v RTE, the Human Rights Act and the Convention, international symposium on Freedom of Expression. Dublin, Republic of Ireland, Dublin.
  • Fenwick, Helen (2002), Why bother with rights when public safety is at risk?, Hamlyn Lectures: Human Rights, Serious Crime and Criminal Procedure. London, England, London.
  • Fenwick, Helen. (2001), State Surveillance: in the Human Rights Act era, Human Rights Unit launch at University of Leeds. Leeds, England, Leeds.

Supervision students