header-logo header-logo

The Brexit effect

01 June 2018 / Simon Parsons
Issue: 7795 / Categories: Features , Brexit , Human rights
printer mail-detail
nlj_7795_parsons

​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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mike Wilson, Blake Morgan

NLJ Career Profile: Mike Wilson, Blake Morgan

Mike Wilson, managing partner of Blake Morgan chair of the CBI’s South-East Council, reflects on his career the challenges that have defined him

Clarke Willmott—Alexandria Kittlety

Clarke Willmott—Alexandria Kittlety

Partner joins commercial property team in Birmingham

Birketts—Will MacFarlane & Sarah Dodds

Birketts—Will MacFarlane & Sarah Dodds

Family team expands with double appointment in Bristol office

NEWS
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
The Law Society has urged regulators not to ban the term ‘no win no fee’, as the profession contemplates measures to prevent a disaster like the SSB Group collapse from happening again
The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
back-to-top-scroll