A World Once Moving Toward Justice
For much of modern history, the world appeared to be moving toward greater justice and equality.
Public activism often served as the driving force behind governments adopting laws that reflected these ideals. The 1963 March on Washington, led by Martin Luther King Jr., helped pave the way for landmark legislation including the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
These moments remind us of the courage of ordinary people who raised their voices despite persistent opposition. Their determination demonstrated the power of collective action to shape legislation. Non‑violent activism has long been a way to confront governmental reluctance or inattention to society’s evolving needs.
Progress has been slow but real.
Societies have gradually become more open, less prejudiced, and more committed to fairness. At the same time, advocacy organisations and activist groups have increasingly been labelled as disrupters. Governance has often felt stagnant, and majorities have appeared content with the status quo.
In recent years, however, this trajectory has been unsettled. Constitutional tensions have emerged across multiple governments, including the United States during its presidential impeachment process and the United Kingdom during the Brexit negotiations.
Alongside these developments, protests, petitions, and digital movements have surged.
Much of the fight for rights has shifted online, but the mission remains unchanged. Today’s battlegrounds include women’s rights, abortion rights, refugee rights, and many other issues that remain central to the protection of human dignity.
The Importance of Activism in Protecting Fundamental Rights
Human rights encompass the universal freedoms that allow people to live in safety, dignity, and without injustice.
Their modern form emerged after World War II, but it is widely acknowledged that these rights were initially shaped by Western male diplomats, raising questions about their universality.
Over time, human rights have expanded to include areas such as privacy, and debates continue about whether they should extend to environmental protection, future generations, and inter‑generational justice.
The Protest School of Human Rights argues that rights are not simply granted by virtue of being human. Instead, they are fought for. Human rights exist to remedy human suffering, and it is the role of the people to highlight contemporary injustices. There is no single global authority to enforce these rights.
As legal scholar Upendra Baxi writes, the original authors of human rights are people in struggle and communities of resistance. Oppressed groups are often underrepresented in government, making activism essential for challenging the status quo.
Although this academic perspective focuses on international human rights, the same logic applies to domestic legislation and other categories of rights. Misrepresentation and governmental inertia occur at local and national levels just as they do internationally.
With this in mind, the discussion here adopts a broader understanding of rights, not only human rights in the strict sense. Human rights are a developing concept with an ever‑expanding scope, much like any other legal field.
The Recent Success Story of Gina Martin
In 2010, Scotland amended the Sexual Offences (Scotland) Act 2009 to criminalise upskirting, classified as voyeurism.
The offence occurs when a person uses equipment beneath someone’s clothing with the intention of observing their private parts, whether exposed or covered. Scotland was one of the first jurisdictions to recognise upskirting, a common festival occurrence, as a criminal act.
Years later, Gina Martin became a victim of upskirting at a music festival in England. When she sought help, she discovered that the Sexual Offences Act 2003 contained a legal gap. Upskirting was not explicitly criminalised. Refusing to accept this, she partnered with a lawyer from Gibson, Dunn and Crutcher and launched a pro bono campaign.
Over two years, she navigated political and legal barriers and ultimately achieved Royal Assent for the Voyeurism (Offences) Act 2019. Under the amendment, perpetrators can now be prosecuted as sex offenders.
Her campaign sparked international discussion. She appeared on Brazilian news, and Germany soon reformed its own laws. Gina Martin demonstrated that meaningful change begins with speaking up, finding allies, engaging with opponents, and starting a conversation.
The Voyeurism (Offences) Act 2019: Key Legal Points
Understanding the law is essential to recognising its significance and protecting one’s rights.
Definition: Sections 67A(1) and 67A(2) extend the offence to both capturing an image beneath someone’s clothing and operating equipment beneath clothing to observe the victim’s private parts, whether exposed or covered, or the underwear covering them in circumstances where they would not otherwise be visible.
This broader definition protects victims even when no photo is recovered, but witnesses are present. English law closely follows the Scottish model. The offence applies equally regardless of gender or clothing type.
Intention: As in most English criminal law, the offence requires both a guilty act and a guilty mind. Section 67A(3) reflects this requirement.
Anonymity: Victims receive lifetime anonymity, consistent with other sexual offences.
Penalties: Under s. 67A(4), offenders may face up to two years’ imprisonment, a fine, or both.
By September 2019, several convictions had already been secured under the new law, demonstrating its effectiveness.
The Modern Face of Campaigning
The digital era has transformed activism. Information is easier to access and share, yet many people remain indifferent to the advantages this offers.
Online campaigning has made activism more inclusive, allowing those who are less comfortable with public protest to contribute meaningfully. Silent activism, such as altering consumer behaviour or engaging with digital advocacy platforms, can be just as powerful.
The impact of campaigning has been widely studied and repeatedly demonstrated. The upskirting legislation is a clear example of how activism can strengthen legal protections and uphold human dignity.
Gina Martin continues her advocacy, while global unrest grows, from protests relating to technology governance and state surveillance in China to political upheaval in the United States.
Today, more than ever, it is clear that rights cannot be taken for granted.
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