British Institute of Human Rights says Commission on a UK Bill of Rights is asking the wrong questions for the wrong reasons

PRESS STATEMENT

11 July 2012

The British Institute of Human Rights (BIHR), commenting on the launch of the Government’s Commission on a UK Bill of Rights second consultation paper, says the Commission is asking the wrong questions for the wrong reasons.

The Coalition Government, in the face of manifesto commitments ranging from scrapping the Human Rights Act 1998 to securing it, attempted to bridge the divide by creating a Commission to “investigate the creation of a UK Bill of Rights”. Whilst BIHR recognises the Commission’s attempt to further consult the public, it is difficult to see this second consultation paper as anything more than a rather unimaginative and unfortunately rather skewed attempt to engage the public. This is worrying bearing in mind these are questions of fundamental importance.

The Commission’s 2011 discussion paper generated almost 1000 responses, according to the Commission’s own analysis, almost half opposed a Bill of Rights. Indeed, it appears that the majority of responses to the first consultation are clearly in favour of retaining the Human Rights Act. Yet this new consultation appears to ask rather leading questions designed to solicit the case for a Bill of Rights; it almost appears as if the Commission members did not receive the information they wanted first time around so they are giving it another shot. Indeed, it is indeed particularly worrying that throughout the consultation paper the Commission tells those who have already made their views known that the Commission does not need to hear from them.

The questions the Commission is grappling with are ones of great constitutional significance, but it is clear that the Commission is asking the wrong questions for the wrong reasons. This missed opportunity is, however, not surprising given the skewed mandate of the Commission – which has focused on a Bill of Rights rather than the Human Rights Act - and the Government’s lack of investment in what should be a major public discussion.

Stephen Bowen, Director of the British Institute of Human Rights, said:

“The British Institute of Human Rights is disappointed with the Commission’s second attempt to consult the public. Far from seeking to have a genuine public debate about the constitutional protection of basic human rights in the UK, this consultation paper seems to be asking questions which are politically loaded or so highly technical as to turn off many people whose views should be heard.”

“Had the Government taken a more honest approach to its internal differences there may have been the opportunity to move beyond the current, much polarised, debate. This could have created a space for discussing why older people are literally dying of thirst and hunger in our hospitals, why disabled people are being assaulted in care homes, why women are being left to live in violent relationships, and why children are being failed by social care services. An investigation of this kind would reveal that the real problems lie not with the Human Rights Act but rather with the scandalous lack of public education on human rights, and the lack of human rights leadership amongst some of our senior politicians.”

“Whilst BIHR will be encouraging others to get involved in this consultation to make sure they are not left out of the debate, we will be strongly urging the Commission to recommend that the Government stops considering tinkering with the legal framework and instead focuses on promoting a true and genuine understanding of rights. Such a commitment, if properly delivered, would secure our human rights heritage and protect us all.”

ENDS

Notes to editors

1. For media enquiries please contact BIHR on 0207 882 5850 or Sanchita Hosali at BIHR on 0207 882 5849 / 07811 457343 / shosali@bihr.org.uk

2. The British Institute of Human Rights (BIHR).

BIHR is a national independent human rights charity that is committed to bringing rights to life in the UK. Founded over 40 years ago, we have pioneered work to animate and promote human rights. We work with civil society organisations and the public sector, equipping them to translate human rights principles and laws into living and practical tools for change. Through this work, we aim to realise the potential of human rights to empower people, and to provide a safety net for us all when our rights are compromised. Uniquely, BIHR harnesses its learning from putting human rights into action in everyday situations to underpin its policy positions. For further information about BIHR visit www.bihr.org.uk

3. This is the second consultation paper published by the Commission on a UK Bill of Rights. This paper, the first discussion paper and the published responses to the that first paper are available at: http://www.justice.gov.uk/about/cbr The closing date for this discussion paper is 30 September 2012.

4. BIHR has been working to build the capacity of civil society to participate in debates about the future protection of human rights in the UK, and particularly to engage with the work of the Commission on a UK Bill of Rights. For example we have:

Briefed organisations and individuals on the Commission’s work, helping to generate responses to the Commission’s previous paper.
Coordinated over 40 organisations to publish an open letter in The Times on Human Rights Day 2011 calling for better political leadership on human rights.
Led a group of civil society organisations to write to members of the Council of Europe ahead of the Brighton Conference alerting them to the negative media and political culture surrounding human rights in the UK.
Through our annual Human Rights Tour “16 cities, 16 weeks, 16 rights”, reached out to thousands of people across the UK to talk to them about human rights, what they are and how they can put them into practice

5. The Human Rights Act 1998 brings most of the rights contained in the European Convention on Human Rights into UK domestic law. The Human Rights Act does this by making the rights enforceable in the UK legal system and 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. Prior to the Human Rights Act people in the UK could only access their rights in the ECHR by taking a legal case to the European Court of Human Rights in Strasbourg, France.

6. The British Institute of Human Rights believes that in the ten years since it was passed, the Human Rights Act has made a significant and positive contribution to the protection of human rights in the UK, not only in relation to headline grabbing issues such as pre-trial detention, but also in everyday matters such as accessing support services, health care, education, and being safe from violence and abuse. You can read about some of our case studies in BIHR’s The Human Rights Act: Changing Lives (2nd ed.) available here and by visiting www.ourhumanrightsstories.org.uk

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