Human rights barrister and author Christian Weaver talks about his second book, The Right To Protest

Words: Andrew Tucker
Photos: Mieleous Photography
Wednesday 15 January 2025
reading time: min, words

Rising Nottingham star Christian Weaver was named Legal Aid Newcomer of the Year in 2023 for his tenacious work addressing dangerous public housing. The Secret Barrister called his first book ‘exceptional‘ - we join him now as he releases his second, Your Right To Protest...

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Christian, what’s been the most impactful project in your career so far?

I’d say that it’s been representing Awaab Ishak’s family and campaigning for ‘Awaab’s Law’ - Awaab was a two-year-old boy who tragically died due to prolonged exposure to mould in his home in Rochdale, and his case brought national attention to the dangerous living conditions many people face in social housing.

As their barrister, I worked closely with Awaab’s family to address not only their unimaginable loss but also to push for much-needed reforms in the housing sector. Awaab’s case exposed several serious issues in society - ranging from poor housing conditions to powerlessness and deep flaws in our legal system.

During the inquest, the landlords initially suggested that cultural practices, such as the family’s cooking methods or so-called ‘ritual bathing,’ might have contributed to the mould in their home. These assumptions were not only unfounded (the family was never asked how they bathed) but also deeply problematic. The landlords have since apologised for making these assumptions, but without legal representation, harmful narratives like these might have stuck. The real issue - serious failings in social housing - could easily have been overshadowed.

What was the family’s situation like?

Awaab’s family were refugees from Sudan with limited English, and without legal support they would have faced a legal team far better resourced than their own - this case clearly illustrated an inequality in that families like Awaab’s don’t have an automatic right to legal funding. While legal aid was eventually granted, the initial lack of funding put the family at a severe disadvantage.

That’s why there are growing calls for better legal aid provision - so that access to justice isn’t dependent on financial resources. Awaab’s Law, which began with this case and has received commitments from both the former and current governments, seeks to ensure that landlords are legally obligated to fix reported damp and mould issues in social housing within strict time frames, preventing further tragedies like Awaab’s. Over 180,000 people signed a petition calling for this law, and it’s that public pressure which, in my view, has truly made the difference.

Anytime I mention the city to someone from outside, Robin Hood comes up. He’s become the iconic figure of resistance. Maybe those stories shape the way we think, consciously or not.

You worked on Awaab’s case while studying law at NTU, and you’re a local lad, having grown up in Carlton - does Nottingham’s rebellious attitude make its way into the way you do things?

Absolutely. Growing up in Nottingham - especially seeing the way people here stand up for what they believe in - has definitely shaped my approach to work. It’s something I’ve come to appreciate more as I’ve gotten older. One of my earliest memories is of my grandfather’s activism, and that connection has only grown stronger as I’ve witnessed movements like the Black Lives Matter protests of 2016 here in Nottingham, where activists blocked the tram system - it was a powerful moment and reminds me that Nottingham has always been a city that speaks out and takes a stand.

I also think of the Occupy Nottingham protests, where tents filled Market Square for months. I’d pass by them every day on my way to college… and, of course, anytime I mention the city to someone from outside, Robin Hood comes up. He’s become the iconic figure of resistance. Maybe those stories shape the way we think, consciously or not.

Christian Weaver (1)

Rishi Sunak’s government introduced new laws to ‘clamp down on disruptive protesters’. Does protest need to be disruptive?

In some ways, yes - if you look back at the civil rights movement, women’s suffrage, or anti-apartheid protests, they all created significant disruption to everyday life. That’s the point - protests draw attention to issues that aren’t being addressed by the usual political processes.

In many cases, people protesting may have already tried less disruptive routes, like writing to their MP or engaging in consultations, but when these methods fail to bring about change, protest becomes one of the few remaining ways to be heard. The idea that protest should be completely non-disruptive misunderstands its purpose. When done right, disruption can be a force for positive change, as it pushes society to reflect on its priorities and question the status quo. What we need are not laws that stifle protest - but systems that better respond to the issues people are protesting about in the first place.

The idea that protest should be completely non-disruptive misunderstands its purpose. When done right, disruption can be a force for positive change, as it pushes society to reflect on its priorities and question the status quo.

I think John Locke said that the law should ‘preserve and enlarge freedom’... does that sound right, and does freedom motivate you?

Yes, that sounds about right, and freedom absolutely motivates me. Freedom isn't just about personal liberties; it's about creating systems that allow individuals and communities to thrive. True freedom means people have the protections, resources, and avenues to express themselves and be heard. That’s something I feel strongly about - when people know they have a voice, the need for disruptive actions often decreases because they’re no longer fighting against an unresponsive system.

There’s a delicate balance to maintain. The Human Rights Act, which protects our right to protest, acknowledges that this right can be limited in specific cases, such as for public safety. This balance is essential because the law and our freedoms don’t exist in isolation - they must be aligned with the rights of others and the broader public interest. But ultimately, while the law may set certain limits, it should never reduce our fundamental freedoms and any attempts to restrict them must be closely scrutinised.


Your Right To Protest by Christian Weaver is available at Five Leaves Bookshop.

@christianweaver60

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