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Queen's Speech: What Is The Human Rights Act?
Here's the history of the act and what its replacement might look like
Proposals to replace the Human Rights Act (HRA) were high on the agenda of the Queen's Speech on Wednesday.
Conservative plans to scrap the Human Rights Act have been put on the back burner.
Here's the history of the act and what its replacement might look like.
When was it brought in?
Its origins can be traced to the European Convention on Human Rights, a package of laws designed by nations including the UK in the aftermath of the Second World War. The 1998 HRA was created to 'give further effect' to rights and freedoms guaranteed under the Convention. It meant people in the UK could bring cases about their human rights in domestic courts. Previously, complaints could only be heard in the European Court of Human Rights (ECHR) in Strasbourg, France.
What rights does it cover?
The freedoms and other measures enshrined by the HRA include: the right to life; the right not to be tortured; the right not to be held as a slave; the right to liberty and security; the right to a fair trial; the right to respect for family and private life; freedom of thought, conscience and religion; freedom of expression; the right to marry and start a family; the right not to be discriminated against on the grounds of race, religion, sex, political views or any other personal status; the right to education; the right to free elections.
Why do people want it changed?
Critics claim it has been exploited by criminals and terrorists, while giving judges in Europe the power to overrule British laws and judicial decisions.
Why do they say that?
There have been a slew of controversial cases involving human rights. One of the most acrimonious legal battles of recent times saw the Home Office spend at least £1.7 million over eight years trying to deport Abu Qatada - a Muslim cleric once accused of being Osama bin Laden's right-hand man in Europe. Attempts to eject him were repeatedly thwarted by human rights laws. Qatada was later cleared of terror charges in Jordan. The ECHR has also ruled against the UK's ban on voting for prisoners.
What do the HRA's supporters say?
That it provides citizens with fundamental freedoms and protections which should be celebrated and defended. The act is described by some as a 'powerful tool' which is the subject of 'myths and misunderstandings'. Proponents argue that human rights laws help victims challenge authorities, while also pointing to landmark rulings on issues such as retention of DNA and fingerprints by police.
[Benedict Cumberbatch among celebs wanting the UK to keep the Human Rights Act]
[Queen's Speech: PM Backs Off On Human Rights]
Why is this coming up now?
The Conservatives have pledged for a decade to replace the HRA with a British Bill of Rights. After facing opposition from the Liberal Democrats while in coalition, David Cameron's party are certain to make the plan a key plank of their early agenda after securing a majority in the general election.
What will the Bill of Rights involve?
They have not fully laid out their plans since winning the election but the Tories' manifesto for the election said their proposals 'will restore common sense to the application of human rights in the UK'. They insist the Bill will remain faithful to the basic principles in the original convention. But they say the Bill of Rights will 'reverse the mission creep that has meant human rights laws being used for more and more purposes and often with little regard for the rights of wider society'. They say it will stop terrorists and other serious foreign criminals from using 'spurious' human rights arguments to prevent deportation. They want to ensure that the ECHR is no longer binding over the Supreme Court, Britain's highest court, with the ECHR acting as 'an advisory body only'.
Is it that simple?
Possibly not. The Government is sure to face substantial resistance. While opposition parties have already attacked the plans, they have also drawn criticism from Conservative figures including former attorney general Dominic Grieve and MP David Davis. Significantly, the Council of Europe has said it is 'inconceivable' that the UK, as a founding member, could leave and that the proposals are 'not consistent' with the convention.
