The government is taking a sledgehammer to a cornerstone of British justice with its proposed reforms to the Human Rights Act, the Law Society of England and Wales said in evidence to the Ministry of Justice submitted today.

'Britain’s international reputation as a standard bearer for justice, a champion of human rights and a stable international partner is at risk,' Society president I. Stephanie Boyce said.

'The Human Rights Act confirms and protects the rights and freedoms of people in the UK and provides robust protection in British courts,' she said. 'The government is introducing changes that would make the state less accountable.' This undermines a crucial element of the rule of law, preventing people from challenging illegitimate uses of power.

I. Stephanie Boyce, Law Society president

Boyce: 'Reputation as a standard bearer for justice, a champion of human rights, is at risk'

Source: Michael Cross

Chancery Lane said the government’s proposals would launch a two-pronged attack, making it harder to access the courts' protection to enforce rights and reducing the availability of effective remedies. For instance, they would create a class of ‘acceptable’ human rights abuses – those deemed not to have caused ‘significant disadvantage’.

That would affect every one of us and lead to a culture of disrespect for human rights in decision-making, with rights breaches that might be seen as ‘low level’ becoming acceptable because they could no longer be challenged, despite being against the law.

The Society’s recommendations to the government as it considers legislation include:

  • Implementing the recommendation of the Independent Human Rights Act Review to develop civic and constitutional education to improve understanding of the Human Rights Act.
  • Introducing representative actions for human rights claims.
  • Providing additional training for public bodies to understand and apply their obligations under the HRA. 
  • Creating a system of independent judicial oversight of detention decisions of suspected insurgents abroad.

Boyce added: 'With the Bill of Rights, the UK could begin to slide below the standards we agreed to in the European Convention on Human Rights, to which the UK still belongs. This would not only bring into question Britain’s honour and trustworthiness as an international partner, it would also diminish people’s ability to enforce their rights and remove UK courts’ ability to keep pace with international standards.

'In short, dismantling the Human Rights Act would have far-reaching consequences, conferring greater unfettered power not just on the government of today, but also on future ruling parties, whatever their creed.'

 

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