Responding to the UK's Independent Human Rights Act Review
London, 8 March 2021 – Through Hogan Lovells’ pro bono practice, a team in the London office has been working with the NGO REDRESS to respond to the call for evidence of the UK government-established Independent Human Rights Act Review. The team comprises Matthew Bullen, Harry Balfour-Lynn, Haylea Campbell, Sidrah Shah, Maria Teresa Vitiello and Dominic Starke.
The overarching aim of the submission is to share an understanding of how the Human Rights Act 1998 has, though its existing framework, effectively implemented the absolute prohibition of torture and inhuman or degrading treatment or punishment, as set out in Article 3 of the European Convention on Human Rights (ECHR). The submission makes the case that the existing provisions of the Human Rights Act were successfully designed to address the very concerns raised in the call for evidence. It argues that the relationship between the domestic courts and the European Court of Human Rights is a healthy and productive one. It also makes the case that the Human Rights Act maintains a careful and appropriate balance between the courts, the executive and Parliament, ensuring the rights of individuals are adequately protected, the executive remains accountable and Parliament remains sovereign.
The submission cautions that any changes to the Human Rights Act that dilute the application in the UK and to UK public authorities of the ECHR rights would significantly undermine the country’s influence on human rights in the global context and would risk putting the UK in breach of a wide array of international obligations.
The submission is available here.
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