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"Protecting human rights in the UK"

Re: "Protecting human rights in the UK"

Postby Hairyloon » Sun May 10, 2015 12:24 pm

Slartibartfast wrote:I think that we perhaps need to disambiguate 'European Convention on Human Rights' and 'European Court of Human Rights'.

Check the glossary:
ECHR: European Convention on Human Rights.
ECtHR: European Court of Human Rights.

If, as they claim, they do not want to withdraw from the ECHR, then their intent is simply to re-write the Human Rights Act in their own words, with a bit of spin here and there.
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Re: "Protecting human rights in the UK"

Postby Smouldering Stoat » Sun May 10, 2015 1:06 pm

They want to remove the ECHR from domestic law, and to reduce the ECtHR to the status of an advisory body. Domestic courts would not be able to apply the Convention, and appeals to the ECtHR would be futile as their advice would not be binding. The effect of this would be that the ECHR would cease to have any effect. We would have de facto withdrawn from the ECHR and our partners may well force us to withdraw de jure as well, since they would not agree to the reduction in status of the Court. Your faith that the Government's intention is merely to add some spin to the HRA is quite touching.

A more interesting question is what happens to the devolution settlements, given that adherence to the ECHR is written into them all.
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Re: "Protecting human rights in the UK"

Postby atticus » Sun May 10, 2015 1:41 pm

Interesting views from Jerry Hayes, barrister, former Tory MP, and scathing critic of Chris Grayling:

http://jerryhayes.co.uk/posts/2015/05/1 ... of-justice
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Re: "Protecting human rights in the UK"

Postby Slartibartfast » Sun May 10, 2015 11:25 pm

Hairyloon wrote:If, as they claim, they do not want to withdraw from the ECHR, then their intent is simply to re-write the Human Rights Act in their own words, with a bit of spin here and there.


And they are obviously, intentionally lying when they say this. As Stoaty eloquently says, if UK derogates from the authority of ECtHR then there is no chance whatsoever that the other signatories will allow UK to claim it is still a compliant ECHR member state. ECHR exists for the sole purpose of protecting citizens from oppressive behaviour by the nation state. Agreeing to be subject to supranational governance is the whole point.
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Re: "Protecting human rights in the UK"

Postby atticus » Mon May 11, 2015 6:54 am

Six things you should know about the ECHR (from the Daily Mirror)

http://www.mirror.co.uk/news/ampp3d/six ... ow-4370967
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Re: "Protecting human rights in the UK"

Postby Hairyloon » Mon May 11, 2015 3:19 pm

Daily Mirror wrote:Since 1959 the ECHR delivered the UK with less than 500 rulings

So why does it take them so -ing long to deal with cases?
I can accept that the other nations are probably naughtier than ours and bring more cases, but that does not seem to me to be a particularly big workload.
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Re: "Protecting human rights in the UK"

Postby atticus » Mon May 11, 2015 3:30 pm

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Re: "Protecting human rights in the UK"

Postby Hairyloon » Mon May 11, 2015 4:00 pm

That is quite a lot. Is there a breakdown of their countries of origin?

I was referring also to the UK's ECHR team, though I admit I gave no indication of that.
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Re: "Protecting human rights in the UK"

Postby Slartibartfast » Wed May 27, 2015 10:27 pm

Senior Tories are telling David Cameron he must abandon a “deeply offensive” threat to withdraw from the European convention on human rights if he is to win support for his plans to repeal the Human Rights Act.

As the government confirmed in the Queen’s speech that it had put on hold plans to replace the act with a British bill of rights, senior party figures called for a major rewriting of the Tory proposals that were drawn up last year. These said that Britain should withdraw from the convention if parliament failed to secure the right to veto judgments from the European court of human rights.


http://www.theguardian.com/law/2015/may ... es-cameron
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Re: "Protecting human rights in the UK"

Postby dls » Thu May 28, 2015 5:35 am

The complaints about the ECtHR seem on the whole simply dishonest.

There was the famous complaint that a court had accepted that a claimant should not be deported because of his cat. The judgment was published and it showed that this was simply untrue. It seems that someone wilfully or otherwise misinterpreted the Home Office barristers reort back.

There was the business trying to deport the preacher to Jordan, when again the HO lawyers sought to transfer responsibility for their own mistakes to the ECtHR.
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