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In reply to the discussion: Brexit vote prevailed, the resistance is possible! [View all]muriel_volestrangler
(103,624 posts)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.
...
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 EUs own Charter of Fundamental Rights in ensuring the supremacy of EU law over member states domestic law.
...
The UKs 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 countrys Human Rights Act.
The repeal of the Human Right Act was a part of the (soon to be ex) Prime Minister David Camerons 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 UKs 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
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 EUs own Charter of Fundamental Rights in ensuring the supremacy of EU law over member states domestic law.
...
The UKs 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 countrys Human Rights Act.
The repeal of the Human Right Act was a part of the (soon to be ex) Prime Minister David Camerons 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 UKs 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 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"

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"Global financial mafia"? You mean "world markets". Now the banksters in the UK have free rein
tonyt53
Jun 2016
#1
Yep. I've been gobsmacked by the number and persistance of this cohort of posters.
Hekate
Jun 2016
#16
Yeah it worked so well the PM is going to resign and the Labour Party leader is stepping down.
Rex
Jun 2016
#6
Better question is "why are so many supporting Boris Johnson and Nigel Farage"
Spider Jerusalem
Jun 2016
#17
The "unelected bureaucrat" is always a favorite target of conservatives. In the US it is Washington
pampango
Jun 2016
#47
So what's the big plan after Labour cracks apart, as it seems about to?
Starry Messenger
Jun 2016
#31
Sometimes you have to take 1 step backwards in order to take 2 steps forward
davidn3600
Jun 2016
#36
Where in any of this is there a step forward? Tories are about to strip Britain of its labor laws
Recursion
Jun 2016
#41
Remain campaigned to retain workers' rights; Leave to get rid of them
muriel_volestrangler
Jun 2016
#46
"Europe needs a restart towards the direction of humanitarian values"; Brexit is the wrong direction
muriel_volestrangler
Jun 2016
#55
You don't seem to know anything about the UK, its politics, or its media
muriel_volestrangler
Jun 2016
#45