Human Rights Act 1998: Acts to incorporate the European Convention on Human Rights (ECHR) into UK law, allowing individuals to bring claims for human rights breaches in UK courts.
ECHR: Established in 1953; it mandates states to guarantee certain civil and political rights.
Previous Proposals: Numerous attempts to create a British Bill of Rights over the years, reflecting concerns over the application of the HRA.
Independent Review
IHRAR: Launched in December 2020 to assess the HRA's balance between individual rights, national security, and governmental efficiency.
Focus Areas:
Relationship between domestic courts and the ECtHR.
HRA's impact on judicial-executive-legislative relations.
Extra-territorial application of the HRA.
Government Consultation: A Modern Bill of Rights
Consultation Start/End: Began in December 2021, set to close on 8 March 2022; proposes replacing HRA with a Bill of Rights to balance rights and responsibilities.
Motivation for Reform:
Concerns over rising "rights culture" overshadowing public responsibility.
Legal uncertainties affecting public services.
Expansion of rights perceived as undermining public protection.
Proposed Changes
Section 2:
Proposals to clarify the role of UK law over ECtHR case law in judicial interpretation.
Section 3:
Consider abolishing or narrowing its scope to protect parliamentary sovereignty.
Permissions Stage for Claims: To filter out unmeritorious human rights claims early in the legal process.
Stricter Criteria for Deportation: Proposal to limit human rights claims that obstruct deportation for convicted offenders.
Reactions
Mixed Responses: Opposition criticism over priority on HRA reform amidst other pressing issues. Concerns raised about potential increased barriers to justice for vulnerable individuals.
Public Law Project and Civil Society View: Worry that reform proposals could create further access issues to justice, undermining the original purpose of the HRA.
Knowt
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