The prime minister is to consider repealing the Human Rights Act after Brexit, despite promising she is “committed” to its protections, a minister has revealed.The House of Lords EU Justice Sub-Committee has exchanged correspondence with the Government about clarifying the wording of the Political Declaration regarding the European Convention on Human Rights.
The government will decide on the future of the landmark legislation once “the process of leaving the EU concludes”, a letter to a parliamentary inquiry says. The wording was described as “troubling” by the Lords EU Justice Sub-Committee, which warned the letter casts doubt on repeated pledges to protect the European Convention on Human Rights (ECHR).
“Is the government sincere in its commitment to the ECHR?”, asked Baroness Kennedy of The Shaws, the committee’s chair.
The idea for the creation of the ECHR was proposed in the early 1940s while the Second World War was still raging across Europe. It was developed to ensure that governments would never again be allowed to dehumanise and abuse people’s rights with impunity, and to help fulfil the promise of ‘never again’.
The ECHRwas formally drafted by the Council of Europe in Strasbourg during the summer of 1949. Over 100 members of parliament from across Europe assembled to draft the charter. The United Kingdom was the very first nation to ratify the convention in March of 1951.
The Convention came into full effect on the 3rd September 1953. It was intended to be a simple, flexible roundup of universal rights, whose meaning could grow and adapt to society’s changing needs over time. Not only were ordinary people to be protected from abuse by the state, but duties were to be placed on those states to protect individuals. It has been hugely important in raising standards and increasing awareness of human rights across CoE member states, and beyond.
Until 1998, the only way UK citizens could bring a legal challenge relying on their rights under the ECHR was to go the European Court of Human Rights, and this process could be lengthy and expensive. The Human Rights Act (HRA) allows the rights guaranteed by the ECHR to be enforced in UK courts – increasing everyone’s access to justice in this country.
The Human Rights Act bought the ECHR into British Law, meaning that judicial decisions on human rights cases could be reached within the domestic legal system, building up a body of specifically domestic case law to refer to in the future.
There is no justification for editing or repealing the Human Rights Act itself, that would make Britain the first European country to regress in the level and degree of our human rights protection. It is through times of recession and times of affluence alike that our rights ought to be the foundation of our society, upon which the Magna Carta, the Equality Act and the Human Rights Act were built – protecting the most vulnerable citizens from the powerful and ensuring those who govern are accountable to the rule of law.
We should not allow politicians to take away our universal privileges for the benefit of a chosen few and repeal legislation that has been crucial to lifes of so many ordinary people.But the state has shown time and time again it's every interest in preventing light from being shone into dark corners.
The Human Rights Act was created to protect us all as individuals from abuses by the state and state bodies, allows UK nationals access to rights contained in the ECHR which allows us over 2,000 protections, ensuring all authorities treat people with fairness , dignity and respect,that together helps us hold authorities to account when things go wrong.
Worrying though gradually piece by piece the Tory's have tried to take away our basic freedoms and rights and want to overturn recognised principles that we should all be proud of. despite this many remain fervent in their support for this Act because of its positive contribution to society and the message that it serves globally that we have enshrined an international human rights convention into UK law. The Human Rights Act is ours, scrapping it will take away the rights of everyone, and it is the most vulnerable that will suffer the most.
A useful reminder of whether the Act needs to change, or should remain is to look at the list of rights protected by the Act and ask yourself ,"Which one would I give away? Which one would I not want for myself or for members of my family?"the right to life? the right not to be tortured? the right to a fair trial? http:/legislation.gov.uk/ukpga/1998/42/schedule/1
Sometimes we can't appreciate the value of something until it is taken away.We have to continue to stand up for the Act. A few years ago Theresa pointed out that the Tories were seen as the nasty party. Most thought it was a lament. It is looking more and more like a boast.Theresa May simply can't be trusted .I for one would not put anything past her. Whether you voted to leave or remain in the European Union, you did not vote for fewer rights.
