A former
Senior Judge of the European Court of Human Rights has warned that attacks on the
Human Rights Act, by members of the government, is tarnishing our international
reputation.
One of my
recurrent themes here has been the need to protect our Human Rights in the face
of relentless attacks by politicians, particularly the present government, who
seem to be determined to abolish the Human Rights Act 1998 or even withdraw the
UK
from the European Convention on human rights altogether.
It is
likely that some proposals to remove these rights will be in the next
Conservative Party manifesto.
I think a
brief history lesson might be useful here. In the late 1940s the world was
still recovering from the most terrifying world war ever known. In 1948 the new
United Nations set up a Human Rights Commission chaired by Eleanor Roosevelt –
widow of the late President Franklin Roosevelt. She was the driving force
behind the establishment of the Universal Declaration on Human Rights, which she
described as ‘an international Magna Carta for all mankind.’
Winston
Churchill was pressing for a European Charter which was eventually signed in Rome in 1950. The UK was the
first nation to ratify the Convention in 1951. The European court on Human
rights was established in 1959. Anyone who alleged breach of their rights had
to go via this court in Strasbourg until the
Human Rights Act 1998 gave UK
courts jurisdiction to hear cases directly. The Act did not create any new
rights. It just gave our courts the right to hear cases.
The UK has been at the heart of human rights in Europe and across the world. The attacks by politicians and
some in the media need to be seen against this backcloth. What message are we
sending to the world by threatening to withdraw from a convention that we put
in place?
Withdrawal would place alongside Belarus
as the only nation in Europe which was not in
the ECHR.
The European Convention has protected the lives of many. According
to Sir Nicolas Bratza the court, last year, dealt with 88,000 cases.
We often like to talk the talk about Human Rights,
especially when attacking other countries. Sir Nicolas is right. How can we
expect to speak with any credibility when we threaten to remove these very
rights from those in our own country.
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