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Plan to reform Human Right Act

View profile for Julia Shaikh
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The government established the Independent Human Rights Act Review in December 2020 to examine the framework of the Human Rights Act. The review looked at how it operates in practice and whether there was a need for change, with consideration being given to two main themes;

  • The relationship between domestic courts and the European Court of Human Rights in Strasburg (ECtHR)
  • The impact the Human Rights Act has on the relationship between the judiciary, the executive, and the legislature

The panel submitted its report to the Deputy Prime Minster in October 2021

For further consideration for the report please click the link below:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1040525/ihrar-final-report.pdf

The Government responded to the report and a three-month consultation opened on 14 December 2021. It is intended to strike a new balance on the Human Rights between individuals’ rights, personal responsibility, and wider public interest. It is proposed that it will deter spurious Human Rights claims and it will also attempt to strengthen rights and restore public confidence in the system.

The proposed measures are intended to restore Parliament’s role as the final decision maker on the laws that impact the UK. This will allow more scope on how Courts decide how to interpret rulings from the ECHR in Strasbourg.

The plans will provide the Supreme Court with the ability to interpret the Human Rights Law in a UK context. This will mean that the Government will be able to enforce rules designed to tackle forced marriage without the intervention from Strasbourg, including other important issues such as deportation of foreign national offenders who site the right to family life.

The move seeks to strengthen British traditions in terms of freedom of speech, right to a jury trial, but ensuring that the system is not open to abuse.

For further consideration:

https://www.gov.uk/government/news/plan-to-reform-human-rights-act

https://consult.justice.gov.uk/human-rights/human-rights-act-reform/