Theresa May expressed the importance of getting rid of the European Human Rights because they were problematic. I had a look at the rights to see what was so objectionable. It is hard to see what is so objectionable about the articles. More than that, it is hard to see what we would not still be committed to because of the many conventions we have signed.
After the second world war a universal declaration regarding human rights was drafted – mainly by the UK by all accounts. I have identified rights coming from this declaration as UDHR. Much of this is copied into the european declaration regarding human rights, which I have identified with EDHR. Below is a summary of the various rights coming from these international agreements. Have a look at the ones coming from the european declaration and decide for yourself – which of these are a real problem.
One of the problems often quoted is the difficulty deporting people to countries where they may be subject to the death penalty. The extradition treaty between the USA and UK (2003) contains an article (article 7) that compensates for this – extradition to the USA only takes place of the agreement that the death penalty will not be applied. There are around 85 countries still have the death penalty, 50 of which have not applied it in the last 10 years. So we only have around 35 treaties to negotiate on extradition – most of them in a band stretching from Eastern North Africa/Middle East to China. Not impossible.
No, I feel that the answer as to why so many politicians dislike the act is the fact that they have said they will follow it, and for a change somebody has the power to hold them to account for breaking their promises.
European Human Rights
First lets start with the rights in the EDHR. There are around 22 rights granted (I have grouped some that are similar).
1. Everybody has the right to life
EDHR Article 2, UDHR Article 3
2. Torture, inhuman or degrading treatment or punishment is prohibited
EDHR Article 3, UDHR Article 5
3. Slavery and forced labour are prohibited
EDHR Article 4, UDHR Article 4
4. Right to liberty and security
EDHR Article 5, UDHR Article 3
5. Right to a fair trial
EDHR Article 6, UDHR Article 10
Abolition of the death penalty
EDHR Protocol 6 Article 1,
Right of appeal in criminal matters
EDHR Protocol 7 Article 2,
Compensation for wrongful conviction
EDHR Protocol 7 Article 3,
Right not to be tried or punished twice
EDHR Protocol 7 Article 4,
6. No punishment for crime unless you break the law
EDHR Article 7, UDHR Article 11
7. Right to respect for private and family life
EDHR Article 8, UDHR Article 12
8. Right of freedom of thought, conscience and religion
EDHR Article 9, UDHR Article 18
9. Right of freedom of expression
EDHR Article 10, UDHR Article 19
10. Right of freedom of assembly and association
EDHR Article 11, UDHR Article 20
11. Right to marry
EDHR Article 12, UDHR Article 16
12. Right to having things put right if the convention is not applied
EDHR Article 13, UDHR Article 8
13. Discrimination is prohibited
EDHR Article 14, UDHR Article 7
14. Right to protection of property and entitlement to its peaceful enjoyment
EDHR Protocol Article 1, UDHR Article 17
15. Right to education
EDHR Protocol Article 2, UDHR Article 26
16. Right to free elections
EDHR Protocol Article 3, UDHR Article 21
17. Imprisonment for debt is prohibited
EDHR Protocol 4 Article 1,
18. Right to freedom of movement
EDHR Protocol 4 Article 2, UDHR Article 13
19. Expulsion of nationals from their country is prohibited
EDHR Protocol 4 Article 3,
20. Collective expulsion of aliens is prohibited
EDHR Protocol 4 Article 4,
Procedural safeguards relating to expulsion of aliens
EDHR Protocol 7 Article 1,
21. Right to equality between spouses
EDHR Protocol 7 Article 5,
22. Discrimination is prohibited
EDHR Protocol 12, Article 1, UDHR Article 2
There are also a number of reverse statements in the EDHR (in other words reasons why the rights might be withdrawn or curtailed, or limits on interpretation). Examples of these include:
Derogation in time of emergency EDHR Article 15
Restrictions on political activity of aliens EDHR Article 16
Prohibition of abuse of rights EDHR Article 17
Limitation on use of restrictions on rights Article 18, UDHR Article 30
Universal Human Rights
Several items in the universal declaration (that the UK has signed) do not appear in the European one. However we have agreed to apply these as well. Interestingly this is one of the sources of the right to asylum. Many of these rights are much more socialist than the European rights.
A particular article that I firmly believe should be in the European rights is identified below as K. It effectively says that with the rights comes responsibilities.
A. Right to recognition everywhere as a person before the law
UDHR Article 6
B. Arbitrary arrest is prohibited
UDHR Article 9, (EDHR Article 5)
C. Right to seek and to enjoy asylum
UDHR Article 14
D. Right to a nationality
UDHR Article 15
E. Right to social security
UDHR Article 22
F. Right to work
UDHR Article 23
G. Right to rest and leisure
UDHR Article 24
H. Right to a standard of living adequate
UDHR Article 25
I. Right to freely participate in the cultural life of the community
UDHR Article 27
J. Entitlement to a social and international order
UDHR Article 28
K. Duties to the community
UDHR Article 29
Other sources of rights
The UK has been a leading source of rights for people in the world. As a result we have signed a significant number of other conventions that we need to follow.
Examples of these include:
- International Covenant on Economic, Social and Cultural Rights
- International Covenant on Civil and Political Rights
- Convention on the Elimination of All Forms of Discrimination against Women
- International Convention on the Elimination of All Forms of Racial Discrimination
- Slavery Convention
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Freedom of Association and Protection of the Right to Organise Convention
- Convention concerning Forced or Compulsory Labour
- Convention relating to the Status of Refugees
- Convention relating to the Status of Stateless Persons