BIHR says now is not the time for a UK Bill of Rights

BIHR has published its response to the second consultation by the Commission on a UK Bill of Rights. You can find a copy of our submission at the bottom of the page.

Summary of BIHR’s position

We believe the Human Rights Act functions like a Bill of Rights for the UK. Both the rights and the implementation and enforcement mechanisms it contains are essential for the protection of human rights in the UK. In theory we would be open to exploring improvements to the protection of rights which builds on the HRA; however, in reality given the context of the Commission’s investigation we believe the likelihood for regression is too great a risk at this time. Any future genuine attempt to investigate a new UK Bill of Rights requires extensive participation and involvement. A concerted effort to ensure an informed debate is important if a Bill of Rights is to enjoy longevity and democratic legitimacy. Yet the current process has involved little public education, information or open meetings which would have gone some way to meeting the Commission’s terms of reference to “examine the operation and implementation of these obligations, and consider ways to promote a better understanding of the true scope of these obligations and liberties.” We therefore urge the Commission to recommend that should the Government wish to pursue a Bill of Rights then a significantly more appropriate and well-resourced process would be required. Until the general lack of understanding about human rights in public discourse is addressed through appropriate education and awareness-raising discussions about changes to the law are unlikely to yield improvements in protection or public perception.

BIHR's 5 key recommendations for the Commission on a UK Bill of Rights

BIHR calls on the Commission to show leadership and send a strong message both at home and worldwide that human rights must be fully upheld. This means issuing a report which does not, either in substance or effect, undermine or weaken the current rights, duties or enforcement mechanisms set out in the Human Rights Act. We urge the Commission to:

1. Recommend keeping the Human Rights Act intact, this means the law itself, the rights, duties and the ways they are enforceable. Even if the Commission recommends a future Bill of Rights there is no need to reform or repeal the HRA.

2. Safeguard the duty on all public authorities to respect human rights as set out in section 6 of the Human Rights Act, recognising that human rights are not only about courtrooms: it ensures that human rights happen, taking them off the statute books, outside the courts and into everyday life.

3. Reiterate the universal nature of human rights.

4. Show the important impact of the Human Rights Act outside the courtrooms in helping people from all walks of life to be treated with dignity, equality, respect and fairness.

5. Call on the Government to stop tinkering with the law and seeking to re-invent the wheel through a new Bill of Rights and instead undertake an appropriate and effective programme of public education on human rights and the HRA. This would tackle the myths and misinformation that exist. It would ensure that everyone, including the Government and public authorities, know what their rights and duties are under the Human Rights Act. It would be one of the best ways for the Government to show domestic leadership on human rights, in the same way it does abroad, instead of using our law as a political football for cheap political gain.

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