In some respects the Brexit referendum itself was a violation of human rights, argues Adrian Low. Three substantial groups were denied the opportunity to vote when inclusion of any two of those groups would almost certainly have reversed the result. Rational democratic decision-making was negated by a campaign of exaggeration and lies and unnecessary last-minute poll predictions encouraged complacency in the turnout for Remain.
The connection between human rights and democracy is well known. It is written into many national constitutions, in the UN declaration on human rights and in the EU treaties. Statements typically say that individuals, irrespective of country, culture and context, are equal in dignity and rights and a country’s democratic processes should protect the individual’s opportunity to influence their governance and uphold their human rights.
The European Court of Human Rights, for example, has highlighted the human right to elected representation and has developed case-law guidance on the rights of citizens to vote.
The UK Human Rights Act includes three areas where the Brexit vote has, or potentially will, deny human rights. These are Article 3 of Protocol 1: the right to the free expression of the opinion of the people, (in elections/referenda); Article 14 which makes it illegal to discriminate on a wide range of grounds including … national or social origin, and Article 5: the right to liberty and security.
The Brexit vote potentially affects many EU and UK expats’ ability to retain their current home, the current education of their children, to be able to afford health care, to own property and businesses, to employ others to live securely and to travel freely etc. It is a basic human right for each such individual to have a voice and to have a vote.
Three groups were denied the right to vote at the referendum. They were not offered the opportunity to influence the outcome.
Denial of resident rights, denial of youth rights, denial of the proper factual basis of a right of free choice.
blogs.lse.ac.uk/brexit/2017/01/30/the-brexit-referendum-was-a-violation-of-human-rights/
The fraudulent referendum was a denial of human rights and a corruption of democracy.