The Human Rights Act 1998
The passing of the Human Rights Act in 1998 has had far reaching ramifications for the British political system. It has put considerable power into the hands of judges and has affected the sovereignty of Parliament,which is the cornerstone of our democracy.
Whether theAct has improved human rights in the United Kingdomis unclear, since the same Labour governments of 1997-2010which passed the Human RightsAct 1998 as well as an extensive set of constitutional reforms came under severe attack for their poor human rights record. Conservative politicians, as well as leading lawyers associated with the Labour Party, have deplored what Labour peeress Helena Kennedy QC has characterised as “inroads into our liberty”. In her book Just Law, she complained about: Internment without trial for non-citizens suspected of terrorist links; Repeated efforts to reduce trial by jury for citizens on a whole range of issues; Retrial of thosewho have been acquitted, thus eroding the double jeopardy principle; Serious limits on access to justice through cuts to legal aid; Severe limitations on the right to silence; Subversion of new technology such as telecommunications and DNA for undeclared ends; and The proposed introduction of identity cards so that people can be monitored at all times.
The Human Rights Act 1998 (HRA) incorporated the European Convention on Human Rights (ECHR) into British law. The rights set out in this document have long been accepted. No major British political party challenges them.The UK was a founder signatory of the ECHR and became bound by it on 3 September 1953.
The ECHR includes the following rights:
Article 2: Right to life
Article 3: Prohibition of torture
Article 4: Prohibition of slavery and forced labour
Article 5: Right to liberty and security
Article 6: Right to a fair trial
Article 7: No punishment without law
Article 8: Right to respect for private and family life
Article 9: Freedom of thought, conscience and religion
Article 10: Freedom of expression
Article 11: Freedom of assembly and association
Article 12: Freedom to marry
Article 13: Right to an effective remedy
Article 14: Prohibition of discrimination
Author:
Dr Michael Pinto-Duschinsky is president of the International Political Science Association’s research committee on political finance and political corruption, member of the academic panel on party funding of the Committee on Standards in Public Life, and a director of the International Foundation for Electoral Systems. He a former research fellow of Merton College, Oxford; Pembroke College,
Oxford; and Brunel University.
1 comment
British Bill of Rights | Social Work Services says:
May 10, 2012
[...] Article 10.2 of the Human Rights Act, this amendment procedure may sacrifice the normal process of Parliamentary scrutiny of new [...]