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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?

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

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 22:42:20

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 22:46:46

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

jackofkent.com/

But have no idea how I found that.

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 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 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.

thatbags Mon 25-May-15 05:57:48

There is an article in Breitbart saying that a government minister will give up his seat before supporting the abolishing of the 1998 Human Rights Act. There may be others who don't support the government's electoral promise which, the article suggests, was made in the belief that there would be another coalitionso it wasn't going to happen. The article also says abolishing the HRA is just a proxy for the 'battle' over EU membership.

durhamjen Mon 25-May-15 10:44:25

www.theguardian.com/law/2015/may/24/british-courts-echr-leveson

Leveson being cagey, but says there is no need to repeal HRA.

durhamjen Mon 25-May-15 10:50:29

Thatbags, I note that the article does not give a name for the government minister. It also says "their" which means it could be a he or she.
So Cameron could be facing a vote of no confidence in his first hundred days. It only needs another six rebels.

trisher Mon 25-May-15 12:24:15

Just remembered years ago seeing Tony Benn, he had a tour where he read pieces from writers over the years about the long fight for Human Rights. It was so interesting and moving to hear the history of this movement. If only he was around to speak about this now.

durhamjen Mon 25-May-15 12:28:27

His son can do a good job of it, trisher. It's strange watching the same mannerisms.

Tegan Mon 25-May-15 19:36:49

www.youtube.com/watch?v=7jugNw7rSdw
any talk of Tony Benn makes me play this song....

trisher Mon 25-May-15 20:57:35

Thanks Tegan haven't seen that before. I did remember when he spoke about the Raging Grannies who he had seen in America and would have liked to join. Anyone intersted should look at-http://raginggrannies.org/starter-kit/
fantastic way to grow old disgracefully!!!

durhamjen Mon 25-May-15 21:35:03

Been to the gala a few times over the years.
Our village now has a new banner or rather a restored one.

Tegan Mon 25-May-15 21:37:04

I'm so proud to have shaken his hand; I think he was the most decent man to ever walk the face of this earth. Sometimes can't believe he's no longer with us sad.

durhamjen Tue 26-May-15 14:23:55

Wish I had, Tegan, shaken his hand, I mean.

www.politics.co.uk/news/2015/05/26/eve-of-battle-human-rights-act-supporters-bullish-ahead-of-q

At least five Tory MPs against the repeal of the HRA.

durhamjen Wed 27-May-15 00:17:22

Won the first round, then. He appears to have chickened out.

whenim64 Wed 27-May-15 00:29:12

I can see this term of government being one long round of Tory u-turns!

durhamjen Wed 27-May-15 00:40:40

Hope so. Should there be a limit to the number of u-turns before another general election is called?
There's going to be a demo tomorrow when the Queen's speech is being read, and a march by No to Austerity to Downing Street. Should be interesting television tomorrow for anyone not having to go out.

soontobe Wed 27-May-15 07:07:52

I think there will be quite a lot of u turns too. Governments nowadays dont seem to think things through as well as they used to.

GrannyTwice Wed 27-May-15 07:25:35

Well clearly DC has been listening. That can be spun into ( and will be) a positive or ( as I think) is an example as I said ^ of sound bite policy making without thinking through the implications and consequences and that is concerning. I also think that what has happened is an excellent example of why if we are against a policy proposal we should be vociferous from the getgo. Some of you said we should wait and see before scaremongering but that really isn't how politics works. As I also said ^ this now allows DC not to lose face in the way he would have done if it had gone say further without some much needed thought and consultation. I expect we will see the blessed Michael taking to the airwaves today saying something on the lines of being a listening government we have realised we have completely cocked up need more time to consider

GrannyTwice Wed 27-May-15 07:26:17

Italics - sigh

thatbags Wed 27-May-15 07:40:48

There is now going to be a consultation about scrapping the HRA. Apparently that will be announced in the Queen's Speech today.

GrannyTwice Wed 27-May-15 07:55:24

Yes - that's why they'll spin the 'listening ' bit. I mentioned consultation in my post. He clearly won't say he's dropping it at this stage but I guess it may well quietly disappear in the mayhem that the EU referendum will become