All of us could be forgiven for being confused about how Brexit has affected human rights protection in the UK. Only last month one prominent Brexiter was criticising the EU Human Rights Act. Hold on… that’s not sounding right is it? If legislation is called an Act it has been passed by the UK government. Why would the UK government preface the name of the Act with EU? The proper name of the Act enshrining human rights protection is, of course, the Human Rights Act 1998 (“HRA”).
So where does the EU fit in?
Well, it doesn’t really. The HRA sets out the fundamental rights which are contained in the European Convention of Human Rights (ECHR). The UK, as a sovereign nation is a signatory of that convention as are almost all other European Countries (also as sovereign states) – a total of 47! The one state missing from the list is Belarus. The EU as a body is not currently a signatory. All of which means that the ECHR continues to apply in the UK through the provisions of the HRA exactly as it did before Brexit. It’s quite important to get this clear in your head.
So do we want it to apply?
Well, of course, your view might be coloured by your political persuasion. The main provisions of the ECHR are set out in its articles and you are likely to have to study some of the main ones in your Public or Constitutional law course. You will need to decide whether the articles are contentious and whether you object to all of the protection or just some of them or indeed whether you endorse them wholeheartedly.
A quick canter through the protection:
Right to Life
Freedom from Torture and inhuman and degrading treatment
Freedom from slavery and forced labour
Right to liberty and a fair trial
No punishment without law
Respect for your private and family life, home and correspondence
Freedom of thought, belief and religion
Freedom of expression
Freedom of assembly and association
Right to marry and start a family
The argument here is probably less about whether you want these protection to apply to you, but whether you think they should apply to those whose conduct you regard as reprehensible or even abhorrent. People have strong views but we can probably all agree about the case which prompted us to write this.
In Brennan v City of Bradfod and Leeds Teaching Hospital [2021] the body of a young woman was allowed to decompose over a long period of time during which it was held in the mortuary. The court found that the family’s Article 8 rights to respect for private and family life were engaged to require that the body should have been treated with dignity and respect. Well, hoorah for that!