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01 June 2018 / Simon Parsons
Issue: 7795 / Categories: Features , Brexit , Human rights
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The Brexit effect

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​Simon Parsons considers the future of human rights after Brexit

There are three current sources of human rights in the UK, the European Convention on Human Rights (the Convention), the Charter of Fundamental Rights (the Charter) and the common law. How will these three sources be affected by Brexit?

The Convention will be unaffected by Brexit because it is administered by the Council of Europe which is separate from the EU. There is also the European Court of Human Rights which decides whether the Convention has been breached. Before 2 October 2000 decisions of the Strasbourg court were only persuasive in UK domestic courts but the Convention was and remains binding on the UK in international law. If UK law is found in breach of the Convention the government is under an obligation under Article 46 to put things right. But politics can get in the way: consider the dragging of feet by consecutive governments after Hirst v UK (No 2) [2005] ECHR 681 where Strasbourg ruled a blanket ban on British prisoners exercising

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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