Protecting Parliamentary Sovereignty: A Justification for Repealing the HRA?

13 Feb, 2015 | Blogs, Latest, Protecting Human Rights in the UK

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The legislative framework for safeguarding human rights came about because of the need to protect people from the overweening power of the state – as witnessed by Nazi and Soviet atrocities in the 20th century. The UK was one of the first countries to ratify the European Convention on Human Rights (ECHR) by enacting the Human Rights Act 1998 (HRA). However, with the general election fast approaching in May 2015, the fate of the HRA is being tested as the Conservative Party has pledged to repeal it and replace it with a “British Bill of Rights”. A central theme dominating the repeal debate has been that of restoring parliamentary sovereignty to Westminster. This article, by Annette Haddad outlines the deficiencies of this argument and suggests that repeal would weaken the promotion and protection of human rights in the UK.

 

 

Protecting Parliamentary Sovereignty: A Justification for Repealing the Human Rights Act?

Today, 10th December, is International Human Rights Day – the 76th anniversary of the signing the Universal Declaration of Human Rights in 1948. 

 

 

The Declaration was a reaction to the horrors of the Holocaust. So, for Jews, today has a particuar significance. 

Although rooted in response to atrocity, the Declaration was forward-looking and optimistic. It spoke for the majority of people who knew a better world was possible. The fact that it’s co-author , the French-Jewish lawyer Monsieur Rene Cassin, could draft such a hopeful document so soon after 26 members of his family were murdered by the Nazis is a testament to his humanity and the power of human rights in general. 

Today, as the organisation that works in Cassin’s name, we are determined to ensure his Declaration’s vision of human rights for all is fully realised. Central to that work is a focus on so called ‘socio-economic rights’ – rights to everyday essentials like food, housing and health. This vision was best articulated in Article 25 of the Declaration: 

‘Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control’.

Bolstering these rights would ensure everybody has access to the foundations on which to build a dignified, prosperous and meaningful life. They have been neglected for too long.

 

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