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55. "Europe needs a restart towards the direction of humanitarian values"; Brexit is the wrong direction
Mon Jun 27, 2016, 11:33 AM
Jun 2016
After Brexit, the next targets: Human rights and refugees in Britain

As any student of civics knows, the United Kingdom has an unwritten Constitution. But it does have a number of constitutional instruments that define the basic fundamental freedoms and human rights of its citizens. The most important constitutional instrument in today's Britain is its Human Rights Act, 1998 – but its future is in peril after the vote in favour of Brexit.
But judges of the European Court of Human Rights cannot strike down legislation that violates the rights guaranteed by the European Convention. The power to strike down legislation is vested with the apex legal body of the EU, namely the European Court of Justice, which ensures that member states comply with their human rights obligations, and draws heavily from the European Convention and the EU’s own Charter of Fundamental Rights in ensuring the supremacy of EU law over member states’ domestic law.
The UK’s continued membership of the Council is not dependent on its EU membership and its obligations under the European Convention will continue post-Brexit. Nevertheless, with all notions of European “unity” shattered by Brexit, the “leavers” are most likely to turn their attention towards destroying the idea of one European “community” based on respect and dignity of the individual, symbolised by the much maligned (in Britain at least) European Conventoon and the country’s Human Rights Act.

The repeal of the Human Right Act was a part of the (soon to be ex) Prime Minister David Cameron’s Conservative party manifesto leading up to the 2015 general election, but his attempts to do so have been foiled due to the lack of an alternate “British” Bill of Rights. In light of the vote in favour of Brexit, it should come as no surprise that decisions of the European Court of Justice and European Court of Human Rights have historically drawn the ire of the UK’s political right, with its standard bearer the Daily Mail newspaper chronicling the follies of “human rights luvvies” and blaming supporters of the Act for helping killers and rapists avoid deportation.


It is open to the UK to leave the Council of Europe system completely and to repeal the Human Rights Act. However, the ECHR is considered a fundamental part of EU law and so would continue to apply in relation to EU matters. The European Union itself is under also an obligation to sign up to the ECHR and will join as a member, just like Russia and the UK. In this sense the two European systems overlap and are intertwined. The House of Lords EU Justice Sub-Committee is currently holding an inquiry on the impact of repeal of the Human Rights Act 1998 on EU law.

The UK could also withdraw from the European Union and leave behind the rights associated with EU citizenship – such as free movement and the rights contained in the Charter. As highlighted here, a vote for leaving the EU would trigger the Article 50 procedure for a negotiated exit and the rights derived from citizenship would no doubt form part of the negotiations. The outcome of those negotiations for the moment are of course unclear.


The Tories want to repeal the Human Rights Act, and get out of the European Convention on Human Rights. Staying in the EU would have prevented that ("membership of the Council of Europe is a requirement for EU member states&quot , but now, they can.
"Global financial mafia"? You mean "world markets". Now the banksters in the UK have free rein tonyt53 Jun 2016 #1
A different bunch of crooks gwheezie Jun 2016 #2
Applauding a right wing movement on DU? Nonhlanhla Jun 2016 #3
There's a bunch of them here. It's disconcerting, to say the least. Hekate Jun 2016 #15
Yep. Extremism is extremism regardless of ideology. sufrommich Jun 2016 #18
Now if we can just get Trump elected, the left's revolution will be complete. pampango Jun 2016 #4
This is so incredibly fucking stupid I don't have words for it. Spider Jerusalem Jun 2016 #5
Co-signed. auntpurl Jun 2016 #7
There's a four letter word I keep repeating to myself, more and more, as I msanthrope Jun 2016 #11
Rhymes with "hat" in UK English and "hot" in US English? Spider Jerusalem Jun 2016 #12
You have it. nt msanthrope Jun 2016 #13
It works with an i in the middle, too wryter2000 Jun 2016 #51
God damn it! I suck a word games. :p Meldread Jun 2016 #19
Yep. I've been gobsmacked by the number and persistance of this cohort of posters. Hekate Jun 2016 #16
This +1000 Meldread Jun 2016 #20
Obviously you didn't read the article no more banksters Jun 2016 #60
Yeah it worked so well the PM is going to resign and the Labour Party leader is stepping down. Rex Jun 2016 #6
It really bothers me... Adrahil Jun 2016 #8
"Global financial mafia" MohRokTah Jun 2016 #9
You know who gets hurt the most from this? justiceischeap Jun 2016 #10
That's because they don't care. Meldread Jun 2016 #21
Ever listened to Alex Jones? THEY are coming, the GLOBALISTS Albertoo Jun 2016 #25
Ever read Snowcrash? AngryAmish Jun 2016 #33
k&r Why are so many people on an "underground" site nationalize the fed Jun 2016 #14
Better question is "why are so many supporting Boris Johnson and Nigel Farage" Spider Jerusalem Jun 2016 #17
Exactly. Virtually all the left was united behind the Remain campaign. Meldread Jun 2016 #22
The EU laws are passed by the EU parliament, not the bureaucrats muriel_volestrangler Jun 2016 #23
Anything UKIP likes that much... DeadLetterOffice Jun 2016 #32
Also, and crucially, it is the EU Council, consisting of Ghost Dog Jun 2016 #39
I find this 'unelected bureaucrats' cliché laughable Albertoo Jun 2016 #27
The "unelected bureaucrat" is always a favorite target of conservatives. In the US it is Washington pampango Jun 2016 #47
+1,000 n/t LarryNM Jun 2016 #29
maybe you should get your facts straight first. drray23 Jun 2016 #30
Petty insularism is "resistance"? Brave new world of word salad.. Albertoo Jun 2016 #24
It was bigotry that won. Bad Thoughts Jun 2016 #26
This message was self-deleted by its author rjsquirrel Jun 2016 #28
So what's the big plan after Labour cracks apart, as it seems about to? Starry Messenger Jun 2016 #31
Who cares what happens? sufrommich Jun 2016 #34
It's crazy! Starry Messenger Jun 2016 #35
Sometimes you have to take 1 step backwards in order to take 2 steps forward davidn3600 Jun 2016 #36
So, what are the two steps forward, as I asked? Starry Messenger Jun 2016 #37
Where in any of this is there a step forward? Tories are about to strip Britain of its labor laws Recursion Jun 2016 #41
What? no more banksters Jun 2016 #42
You should really learn more about this Recursion Jun 2016 #44
Obviously no more banksters Jun 2016 #52
Remain campaigned to retain workers' rights; Leave to get rid of them muriel_volestrangler Jun 2016 #46
That's because no more banksters Jun 2016 #53
"Europe needs a restart towards the direction of humanitarian values"; Brexit is the wrong direction muriel_volestrangler Jun 2016 #55
Human rights and refugees no more banksters Jun 2016 #56
No, the UN does not have a court to protect human rights muriel_volestrangler Jun 2016 #57
Sorry, but no more banksters Jun 2016 #59
Breathtaking forjusticethunders Jun 2016 #54
The Left was absent again no more banksters Jun 2016 #38
You don't seem to know anything about the UK, its politics, or its media muriel_volestrangler Jun 2016 #45
If you support the rhetoric of Nigel Farage and Boris Johnson, that tells us all we need to know. pampango Jun 2016 #49
The stupid... it burns... Recursion Jun 2016 #40
Yeah, no. LeftyMom Jun 2016 #43
Fuck all this Fascism apologia. Odin2005 Jun 2016 #48
To the barricades, comrades! Denzil_DC Jun 2016 #50
Oh FFS... SidDithers Jun 2016 #58
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