The justice secretary’s plans are cover for a coup by an executive that wishes to restrict the power of the judiciary
Although the United Kingdom was the first signatory of the European convention on human rights in 1950, it was five decades before the rights set out in the convention became accessible in domestic law. The Human Rights Act was a recognition that the authorities don’t always get things right and that statute was needed to enable in-country challenges to the state, protecting the public. Before the HRA was brought in, there was a steady flow of people to the European court of human rights seeking justice. Rulings in Strasbourg led the British government to strengthen oversight of deportations on the grounds of national security and helped equalise the age of consent for gay sex.
By bringing the convention home, Britons could vindicate their rights in courtrooms in their own country. Human rights are legal claims on the state; so the legality of state conduct became the business of this country’s courts. When Met detectives failed to carry out an effective investigation into the serial sex attacker John Worboys, the force found itself liable for mistakes. Parents used the law to stop benefit cuts for hospitalised children. Human rights law meant women were not routinely cross-examined in court by those they accused of rape. For the families of the 97 people killed in the Hillsborough disaster, the HRA was instrumental in helping reveal the truth about the circumstances leading to their loved ones’ deaths.
Continue reading...This post was originally published on Human rights | The Guardian.
