Monday 6 June 2016

Are we Human? - Why UK should stay in the European Convention on Human Rights

UK is signed up European Convention on Human Rights (ECHR) - https://en.wikipedia.org/wiki/European_Convention_on_Human_Rights administered by European Court of Human Rights (ECtHR) - https://en.wikipedia.org/wiki/European_Court_of_Human_Rights

The only qualification to be covered by the European Court of Human Rights is to be a human being.

Mainly Conservative politicians on both sides of the EU Referendum debate advocate withdrawing from the European Convention on Human Rights (ECHR). Though one of their former ministers who has the most expertise in this area opposes this. He was removed for being too pro ECHR - 

BBC News - Labour wants Grieve human rights advice to PM published - http://www.bbc.co.uk/news/uk-politics-28439349 - 23 July 2014

Dominic Grieve fears Tories will dilute UK’s commitment to human rights law - http://www.theguardian.com/politics/2014/sep/26/dominic-grieve-tories-human-rights-commitment via @guardian - 26 September 2014

Human Rights Act: Former Attorney General Dominic Grieve rubbishes 'unworkable' Tory plans to scrap ECHR - http://www.independent.co.uk/news/uk/politics/a-conservative-government-would-not-put-up-with-european-meddling-on-human-rights-rulings-says-justice-secretary-9771608.html - 3 October 2014

Another expert Sadiq Khan of Labour (now the Mayor of London) also warns against the - “catastrophe of walking away from the European Convention on Human Rights”

Britain's commitment to human rights is in severe peril | Sadiq Khan -  http://www.theguardian.com/commentisfree/2014/jul/20/sadiq-khan-european-convention-on-human-rights via @guardian - 20 July 2014

This Guardian opinion piece expresses the view on why Human Rights are so important - “The Human Rights Act is a source of pride. It is a civilised and a civilising law. It embodies the fact that Britain remains a nation where key universal benchmarks of human decency and protections against state abuse are upheld by the courts – upheld, in some cases, against governments that may be tempted to bow the knee to newspapers demanding arbitrary abuse of rights. In the Guardian’s view, the Human Rights Act should be defended and not repealed.”

The Guardian view on scrapping the Human Rights Act - http://www.theguardian.com/commentisfree/2014/oct/03/guardian-view-scrapping-human-rights-act-dangerous-jumble via @guardian - The Tories are not interested in sensible reform - 3 October 2014

Amnesty UK gives these reasons for supporting the Human Rights Act, which brought UK under the remit of ECHR -

“1. Making ‘never again’ a reality
2. Protecting us at our most vulnerable
3. Protecting women from domestic violence and keeping their families together
4. Making it safer to be gay
5. Confirming that innocent means innocent
6. Helping us challenge these injustices in the UK courts
7.….and challenge that decision at a higher court
8. Allowing the UK to take a stand for human rights everywhere”

Eight reasons why the Human Rights Act makes the UK a better place - https://www.amnesty.org.uk/eight-reasons-why-human-rights-act-has-made-uk-better-place-british-bill-of-rights via @amnestyuk

For point 4 Pink News supports this argument - 

Professor Robert Wintemute “warns against plans by the Conservative Party to withdraw Britain from European arrangements protecting human rights as it could have serious repressions for the LGBT community.”

Comment: The Tories should not withdraw Britain from the European Convention on Human Rights - http://www.pinknews.co.uk/2014/01/06/comment-the-tories-should-not-withdraw-britain-from-the-european-convention-on-human-rights/ via @pinknews - 6 January 2016

ECHR also provides a way to oversee protection against racial discrimination such as in the workplace - 

BBC News - Human rights inquiry over Met Police discrimination case - http://www.bbc.co.uk/news/uk-england-london-29319791 - 23 September 2014

Further, ECHR oversees protection against disability discrimination, for both visible disabilities and less visible such as mental health issues - 

Outrage over ‘horrifying’ and ‘miserable’ plans to scrap Human Rights Act  - http://www.disabilitynewsservice.com/outrage-over-horrifying-and-miserable-plans-to-scrap-human-rights-act/ - By John Pring - 19 May 2016

Mental health advocacy & human rights: your guide - https://www.bihr.org.uk/mental-health-advocacy-and-human-rights-your-guide - British Institute of Human Rights

UK 'sleepwalking into violating disabled people's human rights' - http://www.theguardian.com/uk-news/2014/jul/07/uk-sleepwalking-violating-disabled-peoples-human-rights-charities via @guardian - Welfare reforms break UN convention - 7 July 2014

A particularly dangerous area for Human Rights and greatly affecting those with disabilities are the UK Governments policies towards people on sickness benefits for example Employment and Support Allowance (ESA) -

Fitness to work test DOES disadvantage mentally ill: Court of Appeal upholds ruling against Government - http://www.independent.co.uk/news/uk/politics/fitness-to-work-test-does-disadvantage-mentally-ill-court-of-appeal-upholds-ruling-against-8983121.html - 4 December 2013

Work programme 'incompatible' with EU human rights laws, says judge | via @Telegraph - http://www.telegraph.co.uk/news/politics/10945856/Work-programme-incompatible-with-EU-human-rights-laws-says-judge.html - Retrospective legislation - 4 July 2014

BBC News - High Court challenges UK work schemes - http://www.bbc.co.uk/news/uk-politics-28158483 - emergency laws "incompatible" with European Convention on Human Rights - 4 July 2014

The Government should conduct an investigation into the Sanction Culture at Job Centre Plus: https://annebegg.wordpress.com/2014/07/10/the-government-should-conduct-an-investigation-into-the-sanction-culture-at-job-centre-plus/ via @annebegg - 10 July 2014

Theresa May wrongly asserted that a Human Rights case about family rights was about a cat - 

Guardian - Reality check: can owning a cat be grounds for appeal against deportation? http://www.theguardian.com/politics/reality-check-with-polly-curtis/2011/oct/04/reality-check-cat-theresa-may


Theresa May speech laying out plans to scrap the Human Rights Act re-surfaces on the internet - http://www.independent.co.uk/news/uk/politics/theresa-may-speech-that-laid-out-plans-for-the-future-deleted-from-the-internet-a7137496.html

I'll look out for further articles and cases about this and would be interested in any news about this. I'm at @petervhale

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