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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?

thatbags Tue 12-May-15 20:53:01

Or maybe I won't! wink

thatbags Tue 12-May-15 20:51:54

Crossed posts, janer. I'll read your link now.

thatbags Tue 12-May-15 20:51:22

Thanks for the links, dj. I've read them both. The first is a little more informative than the second. Most of what the second says is also said in the first, though the second also mentions another, quite separate court.

While I don't claim to understand all the issues in detail, it does rather look to me as if we don't need to worry that our human rights will be eroded away by this government. The issues are complex, even to lawyers, and I think that will necessitate slow change, if there is any, in very small steps. Time will tell.

Juliette Tue 12-May-15 20:05:32

I enjoyed that...thanks for the link janerowena grin

janerowena Tue 12-May-15 19:43:52

If you can see this, it might help to relieve some tension.

games.usvsth3m.com/slap-michael-gove/?fb_ref=Default

Quite therapeutic, I found.

durhamjen Tue 12-May-15 19:28:55

fullfact.org/law/debate_human_rights_law-39124

Both are important.

durhamjen Tue 12-May-15 19:26:11

fullfact.org/law/conservative-party-bill-of-rights-39308/

Dotsmam Tue 12-May-15 11:33:17

Thankfully this is devolved to the Scottish government .

GrannyTwice Sun 10-May-15 17:49:33

X posts

GrannyTwice Sun 10-May-15 17:48:53

The ECHR ( neither the court or the convention)isn't being abolished - the issue is whether we will have access to the court if the Bill of British Rights isn't upto the standard of the convention

thatbags Sun 10-May-15 17:46:59

Shall do. Thanks.

whitewave Sun 10-May-15 17:45:13

thatbags We can leave the ECHR not abolish it, but I don't know about the UN thing - that is an interesting question and one I fervently hope we don't have to answer.

Before the 1998 act it was just the ECHR which was set up after the war. No Tory policy is not to go back to that they want to introduce something of their own. Look at my post 15.02pm.

thatbags Sun 10-May-15 17:41:20

TBH, I do think it was ridiculous that Britain couldn't get rid of Abu Hamza more expeditiously.

thatbags Sun 10-May-15 17:39:29

Will we still be signatories to the UN Convention on Human Rights if the ECHR is abolished?

What was in place before the 1998 Act, if anything? Is it Tory policy to go back to that?

GrannyTwice Sun 10-May-15 16:17:34

Exactly - and why should a government be able to do as it wants without being subject to the rule of law? Very often what she wanted to do was actually illegal and had not followed due process - we shouldn't rewrite laws to help governments be more slapdash and careless in their approach. When I read some of the immigration appeal tribunal decisions it's horrifying what governments were trying to get away with

whitewave Sun 10-May-15 16:11:38

One of the reasons that they will almost certainly give is the difficulty May had over various Islamic terrorists and her inability to do as she would like with regard to deportation etc. A lawyer could explain the case much more succinctly but one thing I would question is that is it necessary to throw the baby out with the bath water.

Tegan Sun 10-May-15 16:07:51

Agreed; and it will be in black and white for all to see. In fact, she might get an email from all of us [me, the S.O. and DD].

GrannyTwice Sun 10-May-15 16:05:01

But it will be interesting to see the reply which will be a template provided to all of them

GrannyTwice Sun 10-May-15 16:03:49

If she's Conservative, then she'll support the Government -- or the whips will have her hide--

Tegan Sun 10-May-15 16:00:40

Well, I'll email my MP and ask her if this is true and, if so can she explain exactly why this Act needs to be repealed and that, as my representative in Parliament I would like it to be made known that I don't agree with it and could she tell me which way she is likely to vote. Then, hopefully [if I can work out how to do it] I'll put her answer up on here.

GrannyTwice Sun 10-May-15 15:36:02

Well that's a pretty good list to start with!

whitewave Sun 10-May-15 15:34:24

Be interesting to see who is against the repeal and who for it.

Certainly the Tory press is for the repeal.

We know the Law Society is against, as is Amnesty, Liberty, - not sure who else.

GrannyTwice Sun 10-May-15 15:30:27

That's why it will get through so easily on a vote but there is going to be a real bunfight with the legal establishment and the civil/human rights organisations

whitewave Sun 10-May-15 15:20:45

g2 grin

Cameron is intent on rushing through all contentious issues before the opposition gets it act together. We are dependent on the SNP to do the job for us - there's irony for you!!! Although they are keeping their HR Act. so maybe they won't have anything to say.

rosequartz Sun 10-May-15 15:18:05

[groan]