Churchill's legacy on human rights disavowed by the Conservatives
October 9, 2009 9:10 AM
Conservative enthusiasm for human rights it seems now extends to repealing the Human Rights Act and replacing it with an ill-defined Bill of Rights as one their key priorities for any new government. Its seems the Human Rights Act which enshrined the European convention on human rights, which was signed by the UK in 1951, and inspired by Winston Churchill, are far too radical for today's Conservative Party. Which rights are they against - freedom of expression, a prohibition on torture, a right to a fair trial?
The Conservatives plan claim scrapping the Act would make it easier to deport foreign criminals. However they would not withdraw from the European Charter on Human Rights, so it could have no effect on deportations and would simply force people to take their cases to Strasbourg. It would amount to an expensive waste of time and imply that human rights are only reserved for those who can afford them.
A recent study has revealed that cases taken to court using the Human Rights Act have more than halved in the last eight years, countering Conservative claims that it has turned Britain into a compensation state.
Liberal Democrat Shadow Home Secretary Chris Huhne said it was "easier to call for the Human Rights Act to be scrapped and for people to take the law into their own hands because it saves the Tories from having to come up with any real policies to cut crime."
Ironically, it has been mainly been local councils, charities, and politicians who have exercised the powers of the Act, rather than claims from prisoners as had been speculated by the Tories. Now more than ever we need a Human Rights Act that protects us from Big Brother state, from miscarriages of justice, and from overzealous intrusions into our private lives. Politicians need to wake up to the fact that human rights are not a pick and mix, a right is a right whoever you are.
And despite Conservative plans to scrap the Act, neither they nor Labour (who frequently criticise their own legislation) have produced a viable alternative. Even if the Human Rights Act was repealed there would still be recourse to the European Convention which enshrines the same rights but would require legal action outside of the jurisdiction of British courts.
The Liberal Democrats will continue to challenge both the Conservatives and Labour on the subject. We recognise the importance of the Act and are committed to strengthening its powers so it continues to safeguard invaluable human rights.
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