Gransnet forums

News & politics

Gove and the Human Rights Act

(183 Posts)
whitewave Sun 10-May-15 09:35:07

After the atrocities of WW11 Churchill was one of the instigators of the European convention (EC) and UK was one of the first signatories. Up until 1988 our only recourse was to go to the European court of HR, but the Labour government brought in the HRA in 1988 and so we now have recourse in British courts.
HRA 1988 - contains the same rights as the EC.

Right to-
Life
No torture or be threatened to be treated in an inhumane or degrading way
Free from slavery or forced labour
Fair trial
Not punished for something against the law
respect for private and family life, home and correspondence
freedom of thought and consience
religion
freedom of expression assembly and association
marriage and family
right not to be descrimated against in relation to EC
education
free election
abolition of death penalty

Now can anyone persuade me why we should be thinking of abolishing this?

durhamjen Tue 19-May-15 22:27:47

There is a lot of concern about the human rights of the Trident whistleblower, and several human rights lawyers have said they would support him.
If Trident is going to be replaced, it sounds like they had better hurry up and do it.

durhamjen Tue 19-May-15 17:50:56

According to this the scrapping of the human rights act is more political dynamite than the referendum, because of its implications in Europe, Scotland and Northern Ireland.

www.politics.co.uk/comment-analysis/2015/05/19/everything-you-need-to-know-about-the-tories-human-rights-ac

durhamjen Tue 19-May-15 17:23:20

UK human rights blog.

ukhumanrightsblog.com/2015/05/17/the-round-up-more-righteous-indignation-about-the-human-rights-act-in-both-camps/

durhamjen Mon 18-May-15 22:46:46

That's what I thought, too. Found it on this blog

jackofkent.com/

But have no idea how I found that.

GrannyTwice Mon 18-May-15 22:42:20

Thank you dj - that is a brilliant link. It synthesised a lot of random things I knew into a coherent whole. Mark Elliot has an impeccable academic pedigree

durhamjen Mon 18-May-15 22:32:00

This is interesting GrannyTwice.
Normally anything in the government manifesto gets passed by the House of Lords, but this might not because it is such a fundamental change.

publiclawforeveryone.com/2015/05/11/replacing-the-human-rights-act-the-house-of-lords-the-parliament-acts-and-the-salisbury-convention/

Repeal of the HRA is in Cameron's first 100 days plan. How long do we have to wait, Ana?

GrannyTwice Mon 18-May-15 22:04:26

But Ana, one reason for not waiting is that current reactions can be taken into account by the Government in the drafting without losing 'face'. They can hen say that they were never going to do that( whatever that is) anyway. It's pretty basic politics

Ana Mon 18-May-15 22:01:01

Nothing at all - let's see what those proposals are before we get too worried about it though.

Penstemmon Mon 18-May-15 21:59:36

I am assuming the one section that those in (any) government most want to re think is the
'freedom of expression assembly and association'

because it can hamper the state's efforts to manage potential radicals/terrorists/ protestors etc.

Perhaps they need to set it up like a set of Top Trumps cards where one clause can trump another i.e Right to life trumps freedom of expression!

I am concerned that any reform may be used to limit the right to peaceful protest in public at a rally etc. Lobbying is already curtailed so the limiting of opportunity to express opposition or unity being reduced is a loss. I am sorry if this happens, Speakers Corner is a great part of British Culture.

GrannyTwice Mon 18-May-15 21:59:04

My understanding is that the worry many people have is that the Bill of Rights would not be as comprehensive as the HRA . This could well mean that we won't be EConHR compliant and therefore would not be party to the convention. If the Bill is ECHR compliant, why is it then necessary to replace the HRA with it? The HRA ( which was passed with cross party support) had the big advantage of UK citizens bring allowed to use our domestic courts rather than have to go to Strasbourg. The Supreme Court is not bound by ECHR judgements but csn take them into account. I still really don't see what the problem with the HRA is unless the Government wants to take away some of the rights within it. Now that seems worth worrying about and initiating some preemptive strikes. What's wrong with that?

Ana Mon 18-May-15 21:50:14

Do you?

durhamjen Mon 18-May-15 21:41:47

I presume you've read the Amnesty link and disagree with it, then, Ana and mollie.

Ana Mon 18-May-15 21:35:16

I agree with you mollie that a lot of the stuff going round about the 'proposed abolition of the Human Rights Act' is ridiculously OTT.

Anyone would think DC was suggesting we abandon all of the rights set out in the OP completely and just have a Tory bill for Tory people in its place...hmm

GrannyTwice Mon 18-May-15 21:28:59

Isn't 'hysterical' an emotive term?

GrannyTwice Mon 18-May-15 21:26:41

confused

mollie65 Mon 18-May-15 21:25:31

ah the personal attacks again from G2 - is it something I have said ?
if you read the OP - that was scaremongering that all those rights enshrined in the ECHR would be 'abolished' - really

mollie65 Mon 18-May-15 21:23:06

why is there a petition calling for a referendum when nothing has been explained about what will happen with any new bill of rights?
so many people do get so hysterical and bring up emotive terms to alarm everyone without knowledge of the true facts. shock

GrannyTwice Mon 18-May-15 21:19:46

Well that would have been equally wrong - under Blair a great many liberties, freedoms and right were attacked

GrannyTwice Mon 18-May-15 21:18:33

And what's with the 'scaremongering'? Do you mean the reasoned debates that are going on, not just here but across the legal and political spectrum? The Runneymede Tories for example?

mollie65 Mon 18-May-15 21:17:32

sorry that should have been nulabour

mollie65 Mon 18-May-15 21:16:45

you did notice that Labour were looking at replacing/building on the HRA

mollie65 Mon 18-May-15 21:15:51

I know it was 5 years ago but relevant nontheless

GrannyTwice Mon 18-May-15 21:15:35

Well that's a completely neutral source isn't it?

mollie65 Mon 18-May-15 21:08:48

some background - without the associated scaremongering
www.parliament.uk/business/publications/research/key-issues-for-the-new-parliament/security-and-liberty/from-the-human-rights-act-to-a-bill-of-rights/

Ana Mon 18-May-15 21:02:55

Yes, so did I.