Neighbors, we have to discuss the government’s ongoing plans for Human Rights Act reform in the UK.
On Tuesday 14th December, the government published their reform plans and opened a consultation.
In this article, you will find:
- A summary of key points
- What changes are proposed
- What is the Human Rights Act
- How these changes could impact my rights
- What actions can I take?
Have a read through and we would love to hear your thoughts by dropping a comment below!
What’s going on: a summary
- The reform was brought about as the government stated the Human Rights Act required ‘common sense’ to the way law is interpreted and ruled in the UK however remain with the EU’s Convention of Human Rights.
- Most nations in the EU agreed to ECHR over 20 years ago. It is yet unclear on what the interpretations could look like under ‘typically British rights’.
- The reforms are being brought forward to address the Human Rights Act being used to avoid deportation.
- Reported by the BBC, the government’s reforms will ‘prevent foreign offenders abusing rules around the right to family life’, accelerate deportations and provide four-year sentences for those who overstay their visas.
Organisations such as Amnesty International and Liberty raised concerns over the systematic oppressive nature alongside other bills, watering down of the law and viewed as public authorities avoiding accountability tactics in the proposed reformed Human Rights Act.
The Law Society, an independent professional group of solicitors, prompted the government to ensure reforms proposed were evidenced, not motivated by political rhetoric.
As Sky reported, Sacha Deshmukh from Amnesty International stated ‘If ministers move ahead with plans to water down the Human Rights Act and override judgments with which they disagree, they risk aligning themselves with authoritarian regimes around the world.’
What changes are being proposed?
- Adding specific situations where a foreign individual cannot claim their rights to family life in the UK to challenge deportation
- Bring in a ‘permission stage’ which will delay or halt claims deemed as pointless
- Enhance ‘Freedom of Speech’ and acknowledge Trial by Jury
- Make changes to the interpretation of ‘right to trial by jury’
- Confirming the UK Supreme Court as the definitive authority of UK rights and establishing that interpretations of the law should be essentially taken from British laws. However, there are no current legal implications that the UK have to consider rulings in Strasbourg over British law
| What is the Human Rights Act? |
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How will this impact my rights?
So-called ‘foreign nationals’ seems to have a wide definition. From previous cases regarding deportation, a foreign offender is recognised as a) an individual who was not born in this country; b) an individual who was born in Britain however did not get British Citizenship before they became an adult.
Currently, over 70% of successful human rights disputes regarding deportations are due to Article 8, referring the right to a family life.
What can I do? Steps YOU can take to make your voice heard
- Submit your view in the open consultation before the deadline 8 Mar 2022 by clicking here.
- Write to your local MP, here is a template letter you can view here. You can find out your local MP and their contact details by clicking here.
- Spread the news. Whether you share this blog, news links or our content on social media, the more that are aware, the better!
- If you are interested in future actions, staying up-to-date with anti-racism movements, politics and economics, register your interest to be a IN.Society member here for when we launch our membership!
Thank you for reading!