The Act, which came into force on 2nd October 2000, incorporates the European Convention on Human Rights into British law, thereby ensuring that those who believe a public authority has in infringed their rights do not have to travel to Strasbourg, but can lodge their case in the British Courts. Moreover, it provides our judiciary with power to declare legislation incompatible with the Convention. One last, important provision is that the British Courts must "take into account" any jurisprudence from the Strasbourg court. Here lies the scepticism.
The right-wing press enjoy nothing more than a "breach of human rights" story, only to then pour scorn on the member of the judiciary for applying the law. The Act is often abused; nevertheless, the primary cause of the antipathy towards it is that somewhere in the equation lies the word "Europe".
However, the chief Tory who has been asked to address the "HRA problem", Dominic Grieve, has expressed his intention to remain a party to the European Convention, and further that the text of the British Bill of Rights will mirror the text of the Convention. So I ask, why the rigmarole? Unless, as was suggested by eminent human rights practitioners in yesterdays's Guardian, some rights will be discarded.
The Act has received intense opposition: undemocratic, un-British, a criminal’s charter, to name just a few of the epithets of the Act. However, which of the following rights are “unnecessary”, or “un-British”? The right to life. The right not to be tortured or subjected to inhuman or degrading treatment. The right not to be enslaved. The right to liberty and security. The right to a fair trial. The right not to be retrospectively penalised. The right to respect for private and family life. Freedom of thought, conscience and religion. Freedom of expression. Freedom of assembly. The right to marry. The right to free elections.
Which of these rights would the Conservative party wish to discard?
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