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Response to no more banksters (Reply #53)

Mon Jun 27, 2016, 10:33 AM

55. "Europe needs a restart towards the direction of humanitarian values"; Brexit is the wrong direction

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.
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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.
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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.

http://scroll.in/article/810643/after-brexit-the-next-targets-human-rights-and-refugees-in-britain

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.

http://ukandeu.ac.uk/explainers/what-are-the-consequences-for-human-rights-if-we-change-our-relationship-with-the-eu/

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", but now, they can.

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