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Jean-Yves Gilg

Editor, Solicitors Journal

Labour and activists unite to defend human rights

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Labour and activists unite to defend human rights

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Jeremy Corbyn MP: Scrapping the Human Rights Act would be a 'massive step backwards'

The Labour Party and leading human rights organisations have urged the government to reconsider its proposals to repeal the Human Rights Act (HRA).

At a roundtable discussion, Labour party leader Jeremy Corbyn confirmed shadow justice minister Andy Slaughter MP would chair a Labour taskforce on human rights.

The leader of the opposition took the opportunity to express his sadness that 'at the start of the 21st century, we have to defend something so obvious as human rights'.

'There have been lots of rights won in great moments over the years,' he said. 'If we remove the Human Rights Act, then we're taking a massive step backwards.'

'Human rights are absolutely central to our existence. We need to be positive and assertive about it, not negative and defensive,' he concluded.

The government's plans to repeal the embattled legislation and introduce a British Bill of Rights have raised cross-party concerns about the risks it poses to basic human rights in the UK.

Earlier this month, The Sunday Times leaked a blueprint for the Bill which has come under heavy criticism for its perceived flaws.

Labour's former deputy leader, Harriet Harman, expressed regret that her party did not win the election as the Conservative manifesto expressly outlined repeal of the HRA.

Harman said she was proud the Act had 'made rights accessible to those who bring their cases in the UK courts' and that it had 'changed the culture of organisations like the police in how they incorporate those rights'.

'Pick and mix'

Rachel Logan, law and human rights programme director at Amnesty International UK, said the possibility of ending the UK's obligation to abide by the final judgment of the European Court of Human Rights was 'an absolutely incoherent policy'.

The Matrix Chambers barrister said 'a repeal of the HRA is no short of an abandonment of rule of law structures' and she urged a change of rhetoric, citing the government's potential to undermine other rights in different constitutions around the world.

Angela Patrick, director of policy at Justice, suggested the proposed changes could see Westminster adopt a 'pick and mix' approach to Strasbourg decisions.

'Repealing the HRA will mean fewer rights for fewer people and fewer inconveniences with less opportunities for people to defend their rights,' said Patrick. 'The message is damaging, not just in Europe, but on a global scale.'

Despite welcoming strong leadership from Labour, Patrick warned that any discussion 'has to be bigger than party politics' adding 'we must ensure we're not in a state where rights are worse off than they were at the start of the last parliament'.

Gordon Nardell QC, chair of the Bar Council's EU Law Committee, said the ideology behind Labour's legislation was to champion the rule of law internationally.

He added that the Act has forced the courts to consider the value of certain rights and that 'judges have influenced the continuing development of ECHR judgements'.

The barrister suggested there was room for reform, but change must not undermine the rule of law.

Matthew Rogers is an editorial assistant at Solicitors Journal matthew.rogers@solicitorsjournal.co.uk

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