BIHR Responds to Chris Huhne's Lecture on Bill of Rights

The British Institute of Human Rights' responds to the speech given by the Liberal Democrats' Shadow Home Secretary, Chris Huhne on a Bill of Rights and the Liberal Democrat's Freedom Bill.

In the final of BIHR's series of three public lectures by the main political parties[1], Chris Huhne for the Liberal Democrats called the Government's proposals for a new Bill of Rights[2] a "political own goal at best, and a disaster at worst".

Chris reiterated the Liberal Democrats' commitment to the Human Rights Act and called for discussion about a general right to non-discrimination, both of which BIHR warmly welcomes.

BIHR Director, Katie Ghose said:

"We welcome the Liberal Democrats' continued commitment to the Human Rights Act, and call for a cross-party commitment to the Human Rights Act, which protects the fundamental rights of all people in the UK.

"A general protection against non-discrimination could help safeguard the rights of those people who are currently left with little or no protection against discrimination, including those with caring responsibilities, homeless people, and people living in poverty, and we welcome the Lib Dems call for this to be included in any national debates about improving human rights protection in the UK."

Chris Huhne said: "Our recently launched draft Freedom Bill details how we would roll back the authoritarian laws passed by both Labour and Conservative governments, which have systematically undermined many of our hard won civil liberties. Small changes over the past 20 years have led to a cumulative loss of freedoms. The Freedom Bill is just the beginning of our campaign to win them back.

"Protecting freedom means standing up for human rights. However, a Bill of Rights and Responsibilities such as that proposed by Jack Straw runs the risk of confusing citizens' rights with human rights. They are not the same. Human rights are a set of obligations owed to all humans by virtue of being human. They are not conditional. Citizens' rights on the other hand, are not universal. They afford rights to some people and not others. The importance of human rights was highlighted by the treatment of Jews in Nazi Germany, where they were denied as citizens and therefore denied any rights at all. Human rights apply no matter who is in Government, and a move to limit human rights would be a dangerous one indeed."

ENDS

Background information

The Government published its Green Paper on Rights and Responsibilities on 23 March 2009.

BIHR believes that the consultation on a Bill of Rights potentially provides an opportunity to safeguard and reinforce the value of fundamental rights for all people in the UK, provided the following essential issues are recognised:

• It is absolutely critical that any new Bill of Rights does not fall below minimum standards already set out in the Human Rights Act, which enforces in the UK the rights protected under the European Convention on Human Rights.
• All people in the UK, regardless of citizenship or immigration status, must enjoy equal protection of their human rights. Human rights by definition apply to all human beings, they are universal and do not depend on a person's immigration or citizenship status.
• Human rights already trigger responsibilities. For many rights this includes balancing the rights of the individual against the rights of others and wider society, such as freedom of expression, or right to a private or family life. An exception to this is the prohibition of torture, which can never be violated under any circumstances. BIHR is concerned that the Government's Green Paper on a Bill of Rights and Responsibilities may leave a false impression that existing human rights do not already carry clear lines of responsibility, accountability, monitoring and enforcement.
• A Bill of Rights provides an opportunity to safeguard in UK law, those human rights which the UK is has already agreed to internationally. BIHR is disappointed that the Government is not making a clear case for enforceable human rights that cover economic and social aspects of our lives, such as health, education and housing. It is these rights that often hold greatest meaning to people in Britain. There are many ways of making such rights enforceable which permits judicial oversight, whilst retaining Parliament's role in formulating social policy and allocating resources. A Bill of Rights can also embed protections to a right a jury trial and other civil liberties.
• The public debate about a Bill of Rights must be comprehensive and inclusive: BIHR believes that the debate on a Bill of Rights must involve a wide range of people in society, including the most vulnerable and disadvantaged whose human rights are often most at risk yet who often have the least say. This requires the Government to ensure that any consultation process is fully accessible to ensure equal opportunity for everyone to take part.
• A debate on human rights must provide people with the facts about human rights. BIHR believes that people must be given comprehensive information about human rights, which includes demonstrating the positive changes human rights can make in people's lives. It is only when people understand and own human rights that they become relevant and real.

ENDS

Notes to Editors

1. For further information or a spokesperson contact: British Institute of Human Rights, Switchboard 020 7848 1818, Jean Candler, jcandler@bihr.org.uk, 020 7848 1839, out of hours 07985 982103 or Sanchita Hosali, shosali@bihr.org.uk, 020 7848 1817.

2. Chris Huhne MP, Liberal Democrat Shadow Home Secretary gave a public lecture to BIHR on the Bill of Rights on 5 May, 1-2pm at Mander Hall, Mabledon Place, London WC1B 9DB. His speech was followed by questions from the floor.

3. The British Institute of Human Rights (BIHR) is a human rights organisation aiming to bring human rights to life. It is committed to challenging inequality and injustice in the UK, through supporting people to use human rights to improve their lives, and to develop more effective public policy and practice, through training and awareness-raising.

3. The Human Rights Act brings most of the rights contained in the European Convention on Human Rights into UK domestic law. The Human Rights Act does this by placing a duty on all public authorities to act in a way that respects and fits with the rights in the European Convention on Human Rights. The British Institute of Human Rights believes that the Human Rights Act is making a valuable difference to people's lives, especially for the vulnerable, as outlined by over 30 case studies in its report The Human Rights Act: Changing Lives (2nd ed.) available from www.bihr.org.uk

4.  The Government's Green Paper, Rights and Responsibilities: developing our constitutional framework, can be viewed at: http://www.justice.gov.uk/publications/docs/rights-responsibilities.pdf

5. BIHR's Lunchtime lectures are now in their 23^rd year. They are open to the public and free of charge. The lectures are kindly sponsored by Irwin Mitchell and One Crown Office Row.

6. The full transcript of Chris Huhne's speech can be found at: http://www.bihr.org.uk/resources/documents/Lunchtime%2BLectures

[1] Nick Herbert MP, the then Shadow Justice Secretary for the Conservatives gave a public lecture to BIHR on 22 November 2008, followed by Michael Wills MP, Justice Minister on 22 April 2009. Chris Huhne MP gave his lecture on 5 May 2009. All lectures were followed by questions from the floor.

[2] The Government published its Green Paper on Rights and Responsibilities on 23 March 2009.